SB 571 — An Act authorizing the Commonwealth of Pennsylvania to join the Interstate Compact; providing for the form of the compact; imposing additional powers and duties on the Governor, the Secretary of the Commonwealth and the Compact.

PRINTER'S NO.   581

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       SENATE BILL
                       No. 571
                                              Session of
                                                2025

     INTRODUCED BY BOSCOLA, ROTHMAN, PHILLIPS-HILL, COSTA AND
        J. WARD, APRIL 9, 2025

     REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
        APRIL 9, 2025


                                   AN ACT
 1   Authorizing the Commonwealth of Pennsylvania to join the
 2      Interstate Compact; providing for the form of the compact;
 3      imposing additional powers and duties on the Governor, the
 4      Secretary of the Commonwealth and the Compact.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7   Section 1.   Short title.
 8      This act shall be known and may be cited as the Interstate
 9   Occupational Therapy Licensure Act.
10   Section 2.   Authority to execute compact.
11      The Governor of Pennsylvania, on behalf of this State, is
12   hereby authorized to execute a compact in substantially the
13   following form with any one or more of the states of the United
14   States and the General Assembly hereby signifies in advance its
15   approval and ratification of such compact:
16   SECTION 1. PURPOSE
17      The purpose of this Compact is to facilitate interstate
18   practice of Occupational Therapy with the goal of improving
 1   public access to Occupational Therapy services. The Practice of
 2   Occupational Therapy occurs in the State where the
 3   patient/client is located at the time of the patient/client
 4   encounter. The Compact preserves the regulatory authority of
 5   States to protect public health and safety through the current
 6   system of State licensure.
 7   This Compact is designed to achieve the following objectives:
 8      A.   Increase public access to Occupational Therapy services
 9   by providing for the mutual recognition of other Member State
10   licenses;
11      B.   Enhance the States' ability to protect the public's
12   health and safety;
13      C.   Encourage the cooperation of Member States in regulating
14   multi-State Occupational Therapy Practice;
15      D.   Support spouses of relocating military members;
16      E.   Enhance the exchange of licensure, investigative, and
17   disciplinary information between Member States;
18      F.   Allow a Remote State to hold a provider of services with
19   a Compact Privilege in that State accountable to that State's
20   practice standards; and
21      G.   Facilitate the use of Telehealth technology in order to
22   increase access to Occupational Therapy services.
23   SECTION 2. DEFINITIONS
24      As used in this Compact, and except as otherwise provided,
25   the following definitions shall apply:
26      A.   "Active Duty Military" means full-time duty status in the
27   active uniformed service of the United States, including members
28   of the National Guard and Reserve on active duty orders pursuant
29   to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.
30      B.   "Adverse Action" means any administrative, civil,

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 1   equitable, or criminal action permitted by a State's laws which
 2   is imposed by a Licensing Board or other authority against an
 3   Occupational Therapist or Occupational Therapy Assistant,
 4   including actions against an individual's license or Compact
 5   Privilege such as censure, revocation, suspension, probation,
 6   monitoring of the Licensee, or restriction on the Licensee's
 7   practice.
 8      C.   "Alternative Program" means a non-disciplinary monitoring
 9   process approved by an Occupational Therapy Licensing Board.
10      D.   "Compact Privilege" means the authorization, which is
11   equivalent to a license, granted by a Remote State to allow a
12   Licensee from another Member State to practice as an
13   Occupational Therapist or practice as an Occupational Therapy
14   Assistant in the Remote State under its laws and rules. The
15   Practice of Occupational Therapy occurs in the Member State
16   where the patient/client is located at the time of the
17   patient/client encounter.
18      E.   "Continuing Competence/Education" means a requirement, as
19   a condition of license renewal, to provide evidence of
20   participation in, and/or completion of, educational and
21   professional activities relevant to practice or area of work.
22      F.   "Current Significant Investigative Information" means
23   Investigative Information that a Licensing Board, after an
24   inquiry or investigation that includes notification and an
25   opportunity for the Occupational Therapist or Occupational
26   Therapy Assistant to respond, if required by State law, has
27   reason to believe is not groundless and, if proved true, would
28   indicate more than a minor infraction.
29      G.   "Data System" means a repository of information about
30   Licensees, including but not limited to license status,

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 1   Investigative Information, Compact Privileges, and Adverse
 2   Actions.
 3      H.   "Encumbered License" means a license in which an Adverse
 4   Action restricts the Practice of Occupational Therapy by the
 5   Licensee or said Adverse Action has been reported to the
 6   National Practitioners Data Bank (NPDB).
 7      I.   "Executive Committee" means a group of directors elected
 8   or appointed to act on behalf of, and within the powers granted
 9   to them by, the Commission.
10      J.   "Home State" means the Member State that is the
11   Licensee's Primary State of Residence.
12      K.   "Impaired Practitioner" means individuals whose
13   professional practice is adversely affected by substance abuse,
14   addiction, or other health-related conditions.
15      L.   "Investigative Information" means information, records,
16   and/or documents received or generated by an Occupational
17   Therapy Licensing Board pursuant to an investigation.
18      M.   "Jurisprudence Requirement" means the assessment of an
19   individual's knowledge of the laws and rules governing the
20   Practice of Occupational Therapy in a State.
21      N.   "Licensee" means an individual who currently holds an
22   authorization from the State to practice as an Occupational
23   Therapist or as an Occupational Therapy Assistant.
24      O.   "Member State" means a State that has enacted the
25   Compact.
26      P.   "Occupational Therapist" means an individual who is
27   licensed by a State to practice Occupational Therapy.
28      Q.   "Occupational Therapy Assistant" means an individual who
29   is licensed by a State to assist in the Practice of Occupational
30   Therapy.

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 1      R.   "Occupational Therapy," "Occupational Therapy Practice,"
 2   and the "Practice of Occupational Therapy" mean the care and
 3   services provided by an Occupational Therapist or an
 4   Occupational Therapy Assistant as set forth in the Member
 5   State's statutes and regulations.
 6      S.   "Occupational Therapy Compact Commission" or "Commission"
 7   means the national administrative body whose membership consists
 8   of all States that have enacted the Compact.
 9      T.   "Occupational Therapy Licensing Board" or "Licensing
10   Board" means the agency of a State that is authorized to license
11   and regulate Occupational Therapists and Occupational Therapy
12   Assistants.
13      U.   "Primary State of Residence" means the state (also known
14   as the Home State) in which an Occupational Therapist or
15   Occupational Therapy Assistant who is not Active Duty Military
16   declares a primary residence for legal purposes as verified by:
17   driver's license, federal income tax return, lease, deed,
18   mortgage or voter registration or other verifying documentation
19   as further defined by Commission Rules.
20      V.   "Remote State" means a Member State other than the Home
21   State, where a Licensee is exercising or seeking to exercise the
22   Compact Privilege.
23      W.   "Rule" means a regulation promulgated by the Commission
24   that has the force of law.
25      X.   "State" means any state, commonwealth, district, or
26   territory of the United States of America that regulates the
27   Practice of Occupational Therapy.
28      Y.   "Single-State License" means an Occupational Therapist or
29   Occupational Therapy Assistant license issued by a Member State
30   that authorizes practice only within the issuing State and does

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 1   not include a Compact Privilege in any other Member State.
 2      Z.   "Telehealth" means the application of telecommunication
 3   technology to deliver Occupational Therapy services for
 4   assessment, intervention and/or consultation.
 5   SECTION 3. STATE PARTICIPATION IN THE COMPACT
 6      A.   To participate in the Compact, a Member State shall:
 7      1.   License Occupational Therapists and Occupational Therapy
 8   Assistants
 9      2.   Participate fully in the Commission's Data System,
10   including but not limited to using the Commission's unique
11   identifier as defined in Rules of the Commission;
12      3.   Have a mechanism in place for receiving and investigating
13   complaints about Licensees;
14      4.   Notify the Commission, in compliance with the terms of
15   the Compact and Rules, of any Adverse Action or the availability
16   of Investigative Information regarding a Licensee;
17      5.   Implement or utilize procedures for considering the
18   criminal history records of applicants for an initial Compact
19   Privilege. These procedures shall include the submission of
20   fingerprints or other biometric-based information by applicants
21   for the purpose of obtaining an applicant's criminal history
22   record information from the Federal Bureau of Investigation and
23   the agency responsible for retaining that State's criminal
24   records;
25      a.   A Member State shall, within a time frame established by
26   the Commission, require a criminal background check for a
27   Licensee seeking/applying for a Compact Privilege whose Primary
28   State of Residence is that Member State, by receiving the
29   results of the Federal Bureau of Investigation criminal record
30   search, and shall use the results in making licensure decisions.

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 1      b.    Communication between a Member State, the Commission and
 2   among Member States regarding the verification of eligibility
 3   for licensure through the Compact shall not include any
 4   information received from the Federal Bureau of Investigation
 5   relating to a federal criminal records check performed by a
 6   Member State under Public Law 92-544.
 7      6.    Comply with the Rules of the Commission;
 8      7.    Utilize only a recognized national examination as a
 9   requirement for licensure pursuant to the Rules of the
10   Commission; and
11      8.    Have Continuing Competence/Education requirements as a
12   condition for license renewal.
13      B.    A Member State shall grant the Compact Privilege to a
14   Licensee holding a valid unencumbered license in another Member
15   State in accordance with the terms of the Compact and Rules.
16      C.    Member States may charge a fee for granting a Compact
17   Privilege.
18      D.    A Member State shall provide for the State's delegate to
19   attend all Occupational Therapy Compact Commission meetings.
20      E.    Individuals not residing in a Member State shall continue
21   to be able to apply for a Member State's Single-State License as
22   provided under the laws of each Member State. However, the
23   Single-State License granted to these individuals shall not be
24   recognized as granting the Compact Privilege in any other Member
25   State.
26      F.    Nothing in this Compact shall affect the requirements
27   established by a Member State for the issuance of a Single-State
28   License.
29   SECTION 4. COMPACT PRIVILEGE
30      A.    To exercise the Compact Privilege under the terms and

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 1   provisions of the Compact, the Licensee shall:
 2      1.    Hold a license in the Home State;
 3      2.    Have a valid United States Social Security Number or
 4   National Practitioner Identification number;
 5      3.    Have no encumbrance on any State license;
 6      4.    Be eligible for a Compact Privilege in any Member State
 7   in accordance with Section 4D, F, G, and H;
 8      5.    Have paid all fines and completed all requirements
 9   resulting from any Adverse Action against any license or Compact
10   Privilege, and two years have elapsed from the date of such
11   completion;
12      6.    Notify the Commission that the Licensee is seeking the
13   Compact Privilege within a Remote State(s);
14      7.    Pay any applicable fees, including any State fee, for the
15   Compact Privilege;
16      8.    Complete a criminal background check in accordance with
17   Section 3A(5);
18      a.    The Licensee shall be responsible for the payment of any
19   fee associated with the completion of a criminal background
20   check.
21      9.    Meet any Jurisprudence Requirements established by the
22   Remote State(s) in which the Licensee is seeking a Compact
23   Privilege; and
24      10.    Report to the Commission Adverse Action taken by any
25   non-Member State within 30 days from the date the Adverse Action
26   is taken.
27      B.    The Compact Privilege is valid until the expiration date
28   of the Home State license. The Licensee must comply with the
29   requirements of Section 4A to maintain the Compact Privilege in
30   the Remote State.

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 1      C.   A Licensee providing Occupational Therapy in a Remote
 2   State under the Compact Privilege shall function within the laws
 3   and regulations of the Remote State.
 4      D.   Occupational Therapy Assistants practicing in a Remote
 5   State shall be supervised by an Occupational Therapist licensed
 6   or holding a Compact Privilege in that Remote State.
 7      E.   A Licensee providing Occupational Therapy in a Remote
 8   State is subject to that State's regulatory authority. A Remote
 9   State may, in accordance with due process and that State's laws,
10   remove a Licensee's Compact Privilege in the Remote State for a
11   specific period of time, impose fines, and/or take any other
12   necessary actions to protect the health and safety of its
13   citizens. The Licensee may be ineligible for a Compact Privilege
14   in any State until the specific time for removal has passed and
15   all fines are paid.
16      F.   If a Home State license is encumbered, the Licensee shall
17   lose the Compact Privilege in any Remote State until the
18   following occur:
19      1.   The Home State license is no longer encumbered; and
20      2.   Two years have elapsed from the date on which the Home
21   State license is no longer encumbered in accordance with Section
22   4(F)(1).
23      G.   Once an Encumbered License in the Home State is restored
24   to good standing, the Licensee must meet the requirements of
25   Section 4A to obtain a Compact Privilege in any Remote State.
26      H.   If a Licensee's Compact Privilege in any Remote State is
27   removed, the individual may lose the Compact Privilege in any
28   other Remote State until the following occur:
29      1.   The specific period of time for which the Compact
30   Privilege was removed has ended;

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 1      2.     All fines have been paid and all conditions have been
 2   met;
 3      3.     Two years have elapsed from the date of completing
 4   requirements for 4(H)(1) and (2); and
 5      4.     The Compact Privileges are reinstated by the Commission,
 6   and the compact Data System is updated to reflect reinstatement.
 7      I.     If a Licensee's Compact Privilege in any Remote State is
 8   removed due to an erroneous charge, privileges shall be restored
 9   through the compact Data System.
10      J.     Once the requirements of Section 4H have been met, the
11   Licensee must meet the requirements in Section 4A to obtain a
12   Compact Privilege in a Remote State.
13   SECTION 5. OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF
14                 COMPACT PRIVILEGE
15      A.     An Occupational Therapist or Occupational Therapy
16   Assistant may hold a Home State license, which allows for
17   Compact Privileges in Member States, in only one Member State at
18   a time.
19      B.     If an Occupational Therapist or Occupational Therapy
20   Assistant changes Primary State of Residence by moving between
21   two Member States:
22      1.     The Occupational Therapist or Occupational Therapy
23   Assistant shall file an application for obtaining a new Home
24   State license by virtue of a Compact Privilege, pay all
25   applicable fees, and notify the current and new Home State in
26   accordance with applicable Rules adopted by the Commission.
27      2.     Upon receipt of an application for obtaining a new Home
28   State license by virtue of compact privilege, the new Home State
29   shall verify that the Occupational Therapist or Occupational
30   Therapy Assistant meets the pertinent criteria outlined in

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 1   Section 4 via the Data System, without need for primary source
 2   verification except for:
 3      a.   an FBI fingerprint based criminal background check if not
 4   previously performed or updated pursuant to applicable Rules
 5   adopted by the Commission in accordance with Public Law 92-544;
 6      b.   other criminal background check as required by the new
 7   Home State; and
 8      c.   submission of any requisite Jurisprudence Requirements of
 9   the new Home State.
10      3.   The former Home State shall convert the former Home State
11   license into a Compact Privilege once the new Home State has
12   activated the new Home State license in accordance with
13   applicable Rules adopted by the Commission.
14      4.   Notwithstanding any other provision of this Compact, if
15   the Occupational Therapist or Occupational Therapy Assistant
16   cannot meet the criteria in Section 4, the new Home State shall
17   apply its requirements for issuing a new Single-State License.
18      5.   The Occupational Therapist or the Occupational Therapy
19   Assistant shall pay all applicable fees to the new Home State in
20   order to be issued a new Home State license.
21      C.   If an Occupational Therapist or Occupational Therapy
22   Assistant changes Primary State of Residence by moving from a
23   Member State to a non-Member State, or from a non-Member State
24   to a Member State, the State criteria shall apply for issuance
25   of a Single-State License in the new State.
26      D.   Nothing in this compact shall interfere with a Licensee's
27   ability to hold a Single-State License in multiple States;
28   however, for the purposes of this compact, a Licensee shall have
29   only one Home State license.
30      E.   Nothing in this Compact shall affect the requirements

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 1   established by a Member State for the issuance of a Single-State
 2   License.
 3   SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
 4      A.   Active Duty Military personnel, or their spouses, shall
 5   designate a Home State where the individual has a current
 6   license in good standing. The individual may retain the Home
 7   State designation during the period the service member is on
 8   active duty. Subsequent to designating a Home State, the
 9   individual shall only change their Home State through
10   application for licensure in the new State or through the
11   process described in Section 5.
12   SECTION 7. ADVERSE ACTIONS
13      A.   A Home State shall have exclusive power to impose Adverse
14   Action against an Occupational Therapist's or Occupational
15   Therapy Assistant's license issued by the Home State.
16      B.   In addition to the other powers conferred by State law, a
17   Remote State shall have the authority, in accordance with
18   existing State due process law, to:
19      1.   Take Adverse Action against an Occupational Therapist's
20   or Occupational Therapy Assistant's Compact Privilege within
21   that Member State.
22      2.   Issue subpoenas for both hearings and investigations that
23   require the attendance and testimony of witnesses as well as the
24   production of evidence. Subpoenas issued by a Licensing Board in
25   a Member State for the attendance and testimony of witnesses or
26   the production of evidence from another Member State shall be
27   enforced in the latter State by any court of competent
28   jurisdiction, according to the practice and procedure of that
29   court applicable to subpoenas issued in proceedings pending
30   before it. The issuing authority shall pay any witness fees,

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 1   travel expenses, mileage and other fees required by the service
 2   statutes of the State in which the witnesses or evidence are
 3   located.
 4      C.   For purposes of taking Adverse Action, the Home State
 5   shall give the same priority and effect to reported conduct
 6   received from a Member State as it would if the conduct had
 7   occurred within the Home State. In so doing, the Home State
 8   shall apply its own State laws to determine appropriate action.
 9      D.   The Home State shall complete any pending investigations
10   of an Occupational Therapist or Occupational Therapy Assistant
11   who changes Primary State of Residence during the course of the
12   investigations. The Home State, where the investigations were
13   initiated, shall also have the authority to take appropriate
14   action(s) and shall promptly report the conclusions of the
15   investigations to the OT Compact Commission Data System. The
16   Occupational Therapy Compact Commission Data System
17   administrator shall promptly notify the new Home State of any
18   Adverse Actions.
19      E.   A Member State, if otherwise permitted by State law, may
20   recover from the affected Occupational Therapist or Occupational
21   Therapy Assistant the costs of investigations and disposition of
22   cases resulting from any Adverse Action taken against that
23   Occupational Therapist or Occupational Therapy Assistant.
24      F.   A Member State may take Adverse Action based on the
25   factual findings of the Remote State, provided that the Member
26   State follows its own procedures for taking the Adverse Action.
27      G.   Joint Investigations.
28      1.   In addition to the authority granted to a Member State by
29   its respective State Occupational Therapy laws and regulations
30   or other applicable State law, any Member State may participate

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 1   with other Member States in joint investigations of Licensees.
 2      2.     Member States shall share any investigative, litigation,
 3   or compliance materials in furtherance of any joint or
 4   individual investigation initiated under the Compact.
 5      H.     If an Adverse Action is taken by the Home State against
 6   an Occupational Therapist's or Occupational Therapy Assistant's
 7   license, the Occupational Therapist's or Occupational Therapy
 8   Assistant's Compact Privilege in all other Member States shall
 9   be deactivated until all encumbrances have been removed from the
10   State license. All Home State disciplinary orders that impose
11   Adverse Action against an Occupational Therapist's or
12   Occupational Therapy Assistant's license shall include a
13   Statement that the Occupational Therapist's or Occupational
14   Therapy Assistant's Compact Privilege is deactivated in all
15   Member States during the pendency of the order.
16      I.     If a Member State takes Adverse Action, it shall promptly
17   notify the administrator of the Data System. The administrator
18   of the Data System shall promptly notify the Home State of any
19   Adverse Actions by Remote States.
20      J.     Nothing in this Compact shall override a Member State's
21   decision that participation in an Alternative Program may be
22   used in lieu of Adverse Action.
23   SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT
24                 COMMISSION.
25      A.     The Compact Member States hereby create and establish a
26   joint public agency known as the Occupational Therapy Compact
27   Commission:
28      1.     The Commission is an instrumentality of the Compact
29   States.
30      2.     Venue is proper and judicial proceedings by or against

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 1   the Commission shall be brought solely and exclusively in a
 2   court of competent jurisdiction where the principal office of
 3   the Commission is located. The Commission may waive venue and
 4   jurisdictional defenses to the extent it adopts or consents to
 5   participate in alternative dispute resolution proceedings.
 6      3.   Nothing in this Compact shall be construed to be a waiver
 7   of sovereign immunity.
 8      B.   Membership, Voting, and Meetings
 9      1.   Each Member State shall have and be limited to one (1)
10   delegate selected by that Member State's Licensing Board.
11      2.   The delegate shall be either:
12      a.   A current member of the Licensing Board, who is an
13   Occupational Therapist, Occupational Therapy Assistant, or
14   public member; or
15      b.   An administrator of the Licensing Board.
16      3.   Any delegate may be removed or suspended from office as
17   provided by the law of the State from which the delegate is
18   appointed.
19      4.   The Member State board shall fill any vacancy occurring
20   in the Commission within 90 days.
21      5.   Each delegate shall be entitled to one (1) vote with
22   regard to the promulgation of Rules and creation of bylaws and
23   shall otherwise have an opportunity to participate in the
24   business and affairs of the Commission. A delegate shall vote in
25   person or by such other means as provided in the bylaws. The
26   bylaws may provide for delegates' participation in meetings by
27   telephone or other means of communication.
28      6.   The Commission shall meet at least once during each
29   calendar year. Additional meetings shall be held as set forth in
30   the bylaws.

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 1      7.     The Commission shall establish by Rule a term of office
 2   for delegates.
 3      C.     The Commission shall have the following powers and
 4   duties:
 5      1.     Establish a Code of Ethics for the Commission;
 6      2.     Establish the fiscal year of the Commission;
 7      3.     Establish bylaws;
 8      4.     Maintain its financial records in accordance with the
 9   bylaws;
10      5.     Meet and take such actions as are consistent with the
11   provisions of this Compact and the bylaws;
12      6.     Promulgate uniform Rules to facilitate and coordinate
13   implementation and administration of this Compact. The Rules
14   shall have the force and effect of law and shall be binding in
15   all Member States;
16      7.     Bring and prosecute legal proceedings or actions in the
17   name of the Commission, provided that the standing of any State
18   Occupational Therapy Licensing Board to sue or be sued under
19   applicable law shall not be affected;
20      8.     Purchase and maintain insurance and bonds;
21      9.     Borrow, accept, or contract for services of personnel,
22   including, but not limited to, employees of a Member State;
23      10.     Hire employees, elect or appoint officers, fix
24   compensation, define duties, grant such individuals appropriate
25   authority to carry out the purposes of the Compact, and
26   establish the Commission's personnel policies and programs
27   relating to conflicts of interest, qualifications of personnel,
28   and other related personnel matters;
29      11.     Accept any and all appropriate donations and grants of
30   money, equipment, supplies, materials and services, and receive,

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 1   utilize and dispose of the same; provided that at all times the
 2   Commission shall avoid any appearance of impropriety and/or
 3   conflict of interest;
 4      12.     Lease, purchase, accept appropriate gifts or donations
 5   of, or otherwise own, hold, improve or use, any property, real,
 6   personal or mixed; provided that at all times the Commission
 7   shall avoid any appearance of impropriety;
 8      13.     Sell, convey, mortgage, pledge, lease, exchange,
 9   abandon, or otherwise dispose of any property real, personal, or
10   mixed;
11      14.     Establish a budget and make expenditures;
12      15.     Borrow money;
13      16.     Appoint committees, including standing committees
14   composed of members, State regulators, State legislators or
15   their representatives, and consumer representatives, and such
16   other interested persons as may be designated in this Compact
17   and the bylaws;
18      17.     Provide and receive information from, and cooperate
19   with, law enforcement agencies;
20      18.     Establish and elect an Executive Committee; and
21      19.     Perform such other functions as may be necessary or
22   appropriate to achieve the purposes of this Compact consistent
23   with the State regulation of Occupational Therapy licensure and
24   practice.
25      D.    The Executive Committee
26      The Executive Committee shall have the power to act on behalf
27   of the Commission according to the terms of this Compact.
28      1.    The Executive Committee shall be composed of nine
29   members:
30      a.    Seven voting members who are elected by the Commission

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 1   from the current membership of the Commission;
 2      b.   One ex-officio, nonvoting member from a recognized
 3   national Occupational Therapy professional association; and
 4      c.   One ex-officio, nonvoting member from a recognized
 5   national Occupational Therapy certification organization.
 6      2.   The ex-officio members will be selected by their
 7   respective organizations.
 8      3.   The Commission may remove any member of the Executive
 9   Committee as provided in bylaws.
10      4.   The Executive Committee shall meet at least annually.
11      5.   The Executive Committee shall have the following Duties
12   and responsibilities:
13      a.   Recommend to the entire Commission changes to the Rules
14   or bylaws, changes to this Compact legislation, fees paid by
15   Compact Member States such as annual dues, and any Commission
16   Compact fee charged to Licensees for the Compact Privilege;
17      b.   Ensure Compact administration services are appropriately
18   provided, contractual or otherwise;
19      c.   Prepare and recommend the budget;
20      d.   Maintain financial records on behalf of the Commission;
21      e.   Monitor Compact compliance of Member States and provide
22   compliance reports to the Commission;
23      f.   Establish additional committees as necessary; and
24      g.   Perform other duties as provided in Rules or bylaws.
25      E.   Meetings of the Commission
26      1.   All meetings shall be open to the public, and public
27   notice of meetings shall be given in the same manner as required
28   under the Rulemaking provisions in Section 10.
29      2.   The Commission or the Executive Committee or other
30   committees of the Commission may convene in a closed, non-public

20250SB0571PN0581                  - 18 -
 1   meeting if the Commission or Executive Committee or other
 2   committees of the Commission must discuss:
 3        a.   Non-compliance of a Member State with its obligations
 4   under the Compact;
 5        b.   The employment, compensation, discipline or other
 6   matters, practices or procedures related to specific employees
 7   or other matters related to the Commission's internal personnel
 8   practices and procedures;
 9        c.   Current, threatened, or reasonably anticipated
10   litigation;
11        d.   Negotiation of contracts for the purchase, lease, or sale
12   of goods, services, or real estate;
13        e.   Accusing any person of a crime or formally censuring any
14   person;
15        f.   Disclosure of trade secrets or commercial or financial
16   information that is privileged or confidential;
17        g.   Disclosure of information of a personal nature where
18   disclosure would constitute a clearly unwarranted invasion of
19   personal privacy;
20        h.   Disclosure of investigative records compiled for law
21   enforcement purposes;
22        i.   Disclosure of information related to any investigative
23   reports prepared by or on behalf of or for use of the Commission
24   or other committee charged with responsibility of investigation
25   or determination of compliance issues pursuant to the Compact;
26   or
27        j.   Matters specifically exempted from disclosure by federal
28   or Member State statute.
29        3.   If a meeting, or portion of a meeting, is closed pursuant
30   to this provision, the Commission's legal counsel or designee

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 1   shall certify that the meeting may be closed and shall reference
 2   each relevant exempting provision.
 3      4.   The Commission shall keep minutes that fully and clearly
 4   describe all matters discussed in a meeting and shall provide a
 5   full and accurate summary of actions taken, and the reasons
 6   therefore, including a description of the views expressed. All
 7   documents considered in connection with an action shall be
 8   identified in such minutes. All minutes and documents of a
 9   closed meeting shall remain under seal, subject to release by a
10   majority vote of the Commission or order of a court of competent
11   jurisdiction.
12      F.   Financing of the Commission
13      1.   The Commission shall pay, or provide for the payment of,
14   the reasonable expenses of its establishment, organization, and
15   ongoing activities.
16      2.   The Commission may accept any and all appropriate revenue
17   sources, donations, and grants of money, equipment, supplies,
18   materials, and services.
19      3.   The Commission may levy on and collect an annual
20   assessment from each Member State or impose fees on other
21   parties to cover the cost of the operations and activities of
22   the Commission and its staff, which must be in a total amount
23   sufficient to cover its annual budget as approved by the
24   Commission each year for which revenue is not provided by other
25   sources. The aggregate annual assessment amount shall be
26   allocated based upon a formula to be determined by the
27   Commission, which shall promulgate a Rule binding upon all
28   Member States.
29      4.   The Commission shall not incur obligations of any kind
30   prior to securing the funds adequate to meet the same; nor shall

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 1   the Commission pledge the credit of any of the Member States,
 2   except by and with the authority of the Member State.
 3      5.   The Commission shall keep accurate accounts of all
 4   receipts and disbursements. The receipts and disbursements of
 5   the Commission shall be subject to the audit and accounting
 6   procedures established under its bylaws. However, all receipts
 7   and disbursements of funds handled by the Commission shall be
 8   audited yearly by a certified or licensed public accountant, and
 9   the report of the audit shall be included in and become part of
10   the annual report of the Commission.
11      G.   Qualified Immunity, Defense, and Indemnification
12      1.   The members, officers, executive director, employees and
13   representatives of the Commission shall be immune from suit and
14   liability, either personally or in their official capacity, for
15   any claim for damage to or loss of property or personal injury
16   or other civil liability caused by or arising out of any actual
17   or alleged act, error or omission that occurred, or that the
18   person against whom the claim is made had a reasonable basis for
19   believing occurred within the scope of Commission employment,
20   duties or responsibilities; provided that nothing in this
21   paragraph shall be construed to protect any such person from
22   suit and/or liability for any damage, loss, injury, or liability
23   caused by the intentional or willful or wanton misconduct of
24   that person.
25      2.   The Commission shall defend any member, officer,
26   executive director, employee, or representative of the
27   Commission in any civil action seeking to impose liability
28   arising out of any actual or alleged act, error, or omission
29   that occurred within the scope of Commission employment, duties,
30   or responsibilities, or that the person against whom the claim

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 1   is made had a reasonable basis for believing occurred within the
 2   scope of Commission employment, duties, or responsibilities;
 3   provided that nothing herein shall be construed to prohibit that
 4   person from retaining his or her own counsel; and provided
 5   further, that the actual or alleged act, error, or omission did
 6   not result from that person's intentional or willful or wanton
 7   misconduct.
 8      3.     The Commission shall indemnify and hold harmless any
 9   member, officer, executive director, employee, or representative
10   of the Commission for the amount of any settlement or judgment
11   obtained against that person arising out of any actual or
12   alleged act, error or omission that occurred within the scope of
13   Commission employment, duties, or responsibilities, or that such
14   person had a reasonable basis for believing occurred within the
15   scope of Commission employment, duties, or responsibilities,
16   provided that the actual or alleged act, error, or omission did
17   not result from the intentional or willful or wanton misconduct
18   of that person.
19   SECTION 9. DATA SYSTEM
20      A.     The Commission shall provide for the development,
21   maintenance, and utilization of a coordinated database and
22   reporting system containing licensure, Adverse Action, and
23   Investigative Information on all licensed individuals in Member
24   States.
25      B.     A Member State shall submit a uniform data set to the
26   Data System on all individuals to whom this Compact is
27   applicable (utilizing a unique identifier) as required by the
28   Rules of the Commission, including:
29      1.     Identifying information;
30      2.     Licensure data;

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 1         3.   Adverse Actions against a license or Compact Privilege;
 2         4.   Non-confidential information related to Alternative
 3   Program participation;
 4         5.   Any denial of application for licensure, and the
 5   reason(s) for such denial;
 6         6.   Other information that may facilitate the administration
 7   of this Compact, as determined by the Rules of the Commission;
 8   and
 9         7.   Current Significant Investigative Information.
10         C.   Current Significant Investigative Information and other
11   Investigative Information pertaining to a Licensee in any Member
12   State will only be available to other Member States.
13         D. The Commission shall promptly notify all Member States of
14   any Adverse Action taken against a Licensee or an individual
15   applying for a license. Adverse Action information pertaining to
16   a Licensee in any Member State will be available to any other
17   Member State.
18         E.   Member States contributing information to the Data System
19   may designate information that may not be shared with the public
20   without the express permission of the contributing State.
21         F.   Any information submitted to the Data System that is
22   subsequently required to be expunged by the laws of the Member
23   State contributing the information shall be removed from the
24   Data System.
25   SECTION 10. RULEMAKING
26         A.   The Commission shall exercise its Rulemaking powers
27   pursuant to the criteria set forth in this Section and the Rules
28   adopted thereunder. Rules and amendments shall become binding as
29   of the date specified in each Rule or amendment.
30         B.   The Commission shall promulgate reasonable rules in order

20250SB0571PN0581                     - 23 -
 1   to effectively and efficiently achieve the purposes of the
 2   Compact. Notwithstanding the foregoing, in the event the
 3   Commission exercises its rulemaking authority in a manner that
 4   is beyond the scope of the purposes of the Compact, or the
 5   powers granted hereunder, then such an action by the Commission
 6   shall be invalid and have no force and effect.
 7      C.    If a majority of the legislatures of the Member States
 8   rejects a Rule, by enactment of a statute or resolution in the
 9   same manner used to adopt the Compact within 4 years of the date
10   of adoption of the Rule, then such Rule shall have no further
11   force and effect in any Member State.
12      D.    Rules or amendments to the Rules shall be adopted at a
13   regular or special meeting of the Commission.
14      E.    Prior to promulgation and adoption of a final Rule or
15   Rules by the Commission, and at least thirty (30) days in
16   advance of the meeting at which the Rule will be considered and
17   voted upon, the Commission shall file a Notice of Proposed
18   Rulemaking:
19      1.    On the website of the Commission or other publicly
20   accessible platform; and
21      2.    On the website of each Member State Occupational Therapy
22   Licensing Board or other publicly accessible platform or the
23   publication in which each State would otherwise publish proposed
24   Rules.
25      F.    The Notice of Proposed Rulemaking shall include:
26      1.    The proposed time, date, and location of the meeting in
27   which the Rule will be considered and voted upon;
28      2.    The text of the proposed Rule or amendment and the reason
29   for the proposed Rule;
30      3.    A request for comments on the proposed Rule from any

20250SB0571PN0581                   - 24 -
 1   interested person; and
 2      4.   The manner in which interested persons may submit notice
 3   to the Commission of their intention to attend the public
 4   hearing and any written comments.
 5      G.   Prior to adoption of a proposed Rule, the Commission
 6   shall allow persons to submit written data, facts, opinions, and
 7   arguments, which shall be made available to the public.
 8      H.   The Commission shall grant an opportunity for a public
 9   hearing before it adopts a Rule or amendment if a hearing is
10   requested by:
11      1.   At least twenty five (25) persons;
12      2.   A State or federal governmental subdivision or agency; or
13      3.   An association or organization having at least twenty
14   five (25) members.
15      I.   If a hearing is held on the proposed Rule or amendment,
16   the Commission shall publish the place, time, and date of the
17   scheduled public hearing. If the hearing is held via electronic
18   means, the Commission shall publish the mechanism for access to
19   the electronic hearing.
20      1.   All persons wishing to be heard at the hearing shall
21   notify the executive director of the Commission or other
22   designated member in writing of their desire to appear and
23   testify at the hearing not less than five (5) business days
24   before the scheduled date of the hearing.
25      2.   Hearings shall be conducted in a manner providing each
26   person who wishes to comment a fair and reasonable opportunity
27   to comment orally or in writing.
28      3.   All hearings will be recorded. A copy of the recording
29   will be made available on request.
30      4.   Nothing in this section shall be construed as requiring a

20250SB0571PN0581                  - 25 -
 1   separate hearing on each Rule. Rules may be grouped for the
 2   convenience of the Commission at hearings required by this
 3   section.
 4      J.   Following the scheduled hearing date, or by the close of
 5   business on the scheduled hearing date if the hearing was not
 6   held, the Commission shall consider all written and oral
 7   comments received.
 8      K.   If no written notice of intent to attend the public
 9   hearing by interested parties is received, the Commission may
10   proceed with promulgation of the proposed Rule without a public
11   hearing.
12      L.   The Commission shall, by majority vote of all members,
13   take final action on the proposed Rule and shall determine the
14   effective date of the Rule, if any, based on the Rulemaking
15   record and the full text of the Rule.
16      M.   Upon determination that an emergency exists, the
17   Commission may consider and adopt an emergency Rule without
18   prior notice, opportunity for comment, or hearing, provided that
19   the usual Rulemaking procedures provided in the Compact and in
20   this section shall be retroactively applied to the Rule as soon
21   as reasonably possible, in no event later than ninety (90) days
22   after the effective date of the Rule. For the purposes of this
23   provision, an emergency Rule is one that must be adopted
24   immediately in order to:
25      1.   Meet an imminent threat to public health, safety, or
26   welfare;
27      2.   Prevent a loss of Commission or Member State funds;
28      3.   Meet a deadline for the promulgation of an administrative
29   Rule that is established by federal law or Rule; or
30      4.   Protect public health and safety.

20250SB0571PN0581                  - 26 -
 1      N.   The Commission or an authorized committee of the
 2   Commission may direct revisions to a previously adopted Rule or
 3   amendment for purposes of correcting typographical errors,
 4   errors in format, errors in consistency, or grammatical errors.
 5   Public notice of any revisions shall be posted on the website of
 6   the Commission. The revision shall be subject to challenge by
 7   any person for a period of thirty (30) days after posting. The
 8   revision may be challenged only on grounds that the revision
 9   results in a material change to a Rule. A challenge shall be
10   made in writing and delivered to the chair of the Commission
11   prior to the end of the notice period. If no challenge is made,
12   the revision will take effect without further action. If the
13   revision is challenged, the revision may not take effect without
14   the approval of the Commission.
15   SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
16      A.   Oversight
17      1.   The executive, legislative, and judicial branches of
18   State government in each Member State shall enforce this Compact
19   and take all actions necessary and appropriate to effectuate the
20   Compact's purposes and intent. The provisions of this Compact
21   and the Rules promulgated hereunder shall have standing as
22   statutory law.
23      2.   All courts shall take judicial notice of the Compact and
24   the Rules in any judicial or administrative proceeding in a
25   Member State pertaining to the subject matter of this Compact
26   which may affect the powers, responsibilities, or actions of the
27   Commission.
28      3.   The Commission shall be entitled to receive service of
29   process in any such proceeding, and shall have standing to
30   intervene in such a proceeding for all purposes. Failure to

20250SB0571PN0581                  - 27 -
 1   provide service of process to the Commission shall render a
 2   judgment or order void as to the Commission, this Compact, or
 3   promulgated Rules.
 4      B.   Default, Technical Assistance, and Termination
 5      1.   If the Commission determines that a Member State has
 6   defaulted in the performance of its obligations or
 7   responsibilities under this Compact or the promulgated Rules,
 8   the Commission shall:
 9      a.   Provide written notice to the defaulting State and other
10   Member States of the nature of the default, the proposed means
11   of curing the default and/or any other action to be taken by the
12   Commission; and
13      b.   Provide remedial training and specific technical
14   assistance regarding the default.
15      2.   If a State in default fails to cure the default, the
16   defaulting State may be terminated from the Compact upon an
17   affirmative vote of a majority of the Member States, and all
18   rights, privileges and benefits conferred by this Compact may be
19   terminated on the effective date of termination. A cure of the
20   default does not relieve the offending State of obligations or
21   liabilities incurred during the period of default.
22      3.   Termination of membership in the Compact shall be imposed
23   only after all other means of securing compliance have been
24   exhausted. Notice of intent to suspend or terminate shall be
25   given by the Commission to the governor, the majority and
26   minority leaders of the defaulting State's legislature, and each
27   of the Member States.
28      4.   A State that has been terminated is responsible for all
29   assessments, obligations, and liabilities incurred through the
30   effective date of termination, including obligations that extend

20250SB0571PN0581                  - 28 -
 1   beyond the effective date of termination.
 2      5.   The Commission shall not bear any costs related to a
 3   State that is found to be in default or that has been terminated
 4   from the Compact, unless agreed upon in writing between the
 5   Commission and the defaulting State.
 6      6.   The defaulting State may appeal the action of the
 7   Commission by petitioning the U.S. District Court for the
 8   District of Columbia or the federal district where the
 9   Commission has its principal offices. The prevailing member
10   shall be awarded all costs of such litigation, including
11   reasonable attorney's fees.
12      C.   Dispute Resolution
13      1.   Upon request by a Member State, the Commission shall
14   attempt to resolve disputes related to the Compact that arise
15   among Member States and between member and non-Member States.
16      2.   The Commission shall promulgate a Rule providing for both
17   mediation and binding dispute resolution for disputes as
18   appropriate.
19      D.   Enforcement
20      1.   The Commission, in the reasonable exercise of its
21   discretion, shall enforce the provisions and Rules of this
22   Compact.
23      2.   By majority vote, the Commission may initiate legal
24   action in the United States District Court for the District of
25   Columbia or the federal district where the Commission has its
26   principal offices against a Member State in default to enforce
27   compliance with the provisions of the Compact and its
28   promulgated Rules and bylaws. The relief sought may include both
29   injunctive relief and damages. In the event judicial enforcement
30   is necessary, the prevailing member shall be awarded all costs

20250SB0571PN0581                  - 29 -
 1   of such litigation, including reasonable attorney's fees.
 2      3.   The remedies herein shall not be the exclusive remedies
 3   of the Commission. The Commission may pursue any other remedies
 4   available under federal or State law.
 5   SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
 6                 FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED
 7                 RULES, WITHDRAWAL, AND AMENDMENT
 8      A.   The Compact shall come into effect on the date on which
 9   the Compact statute is enacted into law in the tenth Member
10   State. The provisions, which become effective at that time,
11   shall be limited to the powers granted to the Commission
12   relating to assembly and the promulgation of Rules. Thereafter,
13   the Commission shall meet and exercise Rulemaking powers
14   necessary to the implementation and administration of the
15   Compact.
16      B.   Any State that joins the Compact subsequent to the
17   Commission's initial adoption of the Rules shall be subject to
18   the Rules as they exist on the date on which the Compact becomes
19   law in that State. Any Rule that has been previously adopted by
20   the Commission shall have the full force and effect of law on
21   the day the Compact becomes law in that State.
22      C.   Any Member State may withdraw from this Compact by
23   enacting a statute repealing the same.
24      1.   A Member State's withdrawal shall not take effect until
25   six (6) months after enactment of the repealing statute.
26      2.   Withdrawal shall not affect the continuing requirement of
27   the withdrawing State's Occupational Therapy Licensing Board to
28   comply with the investigative and Adverse Action reporting
29   requirements of this act prior to the effective date of
30   withdrawal.

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 1      D.   Nothing contained in this Compact shall be construed to
 2   invalidate or prevent any Occupational Therapy licensure
 3   agreement or other cooperative arrangement between a Member
 4   State and a non-Member State that does not conflict with the
 5   provisions of this Compact.
 6      E.   This Compact may be amended by the Member States. No
 7   amendment to this Compact shall become effective and binding
 8   upon any Member State until it is enacted into the laws of all
 9   Member States.
10   SECTION 13. CONSTRUCTION AND SEVERABILITY
11      This Compact shall be liberally construed so as to effectuate
12   the purposes thereof. The provisions of this Compact shall be
13   severable and if any phrase, clause, sentence or provision of
14   this Compact is declared to be contrary to the constitution of
15   any Member State or of the United States or the applicability
16   thereof to any government, agency, person, or circumstance is
17   held invalid, the validity of the remainder of this Compact and
18   the applicability thereof to any government, agency, person, or
19   circumstance shall not be affected thereby. If this Compact
20   shall be held contrary to the constitution of any Member State,
21   the Compact shall remain in full force and effect as to the
22   remaining Member States and in full force and effect as to the
23   Member State affected as to all severable matters.
24   SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
25      A.   A Licensee providing Occupational Therapy in a Remote
26   State under the Compact Privilege shall function within the laws
27   and regulations of the Remote State.
28      B.   Nothing herein prevents the enforcement of any other law
29   of a Member State that is not inconsistent with the Compact.
30      C.   Any laws in a Member State in conflict with the Compact

20250SB0571PN0581                  - 31 -
 1   are superseded to the extent of the conflict.
 2      D.    Any lawful actions of the Commission, including all Rules
 3   and bylaws promulgated by the Commission, are binding upon the
 4   Member States.
 5      E.    All agreements between the Commission and the Member
 6   States are binding in accordance with their terms.
 7      F.    In the event any provision of the Compact exceeds the
 8   constitutional limits imposed on the legislature of any Member
 9   State, the provision shall be ineffective to the extent of the
10   conflict with the constitutional provision in question in that
11   Member State.
12   Section 3.   When and how compact becomes operative.
13      (a)    General rule.--When the Governor executes the
14   Interstate Compact on behalf of this State and files a verified
15   copy thereof with the Secretary of the Commonwealth and when the
16   compact is ratified by one or more other states, the compact
17   shall become operative and effective between this State and such
18   other state or states. The Governor is hereby authorized and
19   directed to take such action as may be necessary to complete the
20   exchange of official documents between this State and any other
21   state ratifying the compact.
22      (b)    Notice in Pennsylvania Bulletin.--The Secretary of the
23   Commonwealth shall transmit a notice to the Legislative
24   Reference Bureau for publication in the next available issue of
25   the Pennsylvania Bulletin when the conditions set forth in
26   subsection (a) are satisfied and shall include in the notice the
27   date on which the compact became effective and operative between
28   this State and any other state or states in accordance with this
29   act.
30   Section 4.   Compensation and expenses of compact administrator.

20250SB0571PN0581                   - 32 -
 1      The compact administrator who represents this State, as
 2   provided for in the Interstate Compact, shall not be entitled to
 3   any additional compensation for his duties and responsibilities
 4   as compact administrator but shall be entitled to reimbursement
 5   for reasonable expenses actually incurred in connection with his
 6   duties and responsibilities as compact administrator in the same
 7   manner as for expenses incurred in connection with other duties
 8   and responsibilities of his or her office or employment.
 9   Section 5.   Effective date.
10      This act shall take effect in 60 days.




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