The Vermont Statutes Online
The Statutes below include the actions of the 2024 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 26: Professions and Occupations
Chapter 071: Occupational Therapists and Occupational Therapy Assistants
- Subchapter 001: VERMONT SINGLE-STATE LICENSE [EFFECTIVE JULY 1, 2025]
§ 3351. Definitions
As used in this chapter:
(1) “Occupational therapist” means a person who is licensed to practice occupational therapy under this chapter.
(2) “Occupational therapy assistant” means a person who is licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist.
(3) “Director” means the Director of the Office of Professional Regulation.
(4) “Disciplinary action” includes any action taken by the Director or by an administrative law officer established by 3 V.S.A. § 129(j) against an occupational therapist, occupational therapy assistant, or applicant premised on a finding that the occupational therapist, occupational therapy assistant, or applicant has engaged in unprofessional conduct. The term includes all sanctions of any kind, refusing to grant or renew licensure, suspending or revoking licensure, and issuing warnings.
(5) “Occupational therapy practice” means the therapeutic use of purposeful and meaningful occupations (goal-directed activities) to evaluate and treat individuals who have a disease or disorder, impairment, activity limitation, or participation restriction that interferes with their ability to function independently in daily life roles, and to promote health and wellness. Occupational therapy intervention may include:
(A) remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological, or neurological processes;
(B) adaptation of task, process, or the environment, or the teaching of compensatory techniques, in order to enhance performance;
(C) disability prevention methods and techniques that facilitate the development of safe application of performance skills;
(D) health promotion strategies and practices that enhance performance abilities.
(6) “Occupational therapy services” include:
(A) evaluating, developing, improving, sustaining, or restoring skills in activities of daily living, work, or productive activities, including instrumental activities of daily living, and play and leisure activities;
(B) evaluating, developing, remediating, or restoring sensorimotor, cognitive, or psychosocial components of performance;
(C) designing, fabricating, applying, or training in the use of assistive technology or orthotic devices, and training in the use of prosthetic devices;
(D) adaptation of environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles;
(E) application of physical agent modalities as an adjunct to or in preparation for engagement in occupations;
(F) evaluating and providing intervention in collaboration with the individual receiving treatment, family, caregiver, or others;
(G) educating the individual receiving treatment, family, caregiver, or others in carrying out appropriate nonskilled interventions; and
(H) consulting with groups, programs, organizations, or communities to provide population-based services. (Added 1993, No. 102, § 1; amended 1997, No. 40, § 49(a); amended 2001, No. 151 (Adj. Sess.), § 33, eff. June 27, 2002; 2013, No. 96 (Adj. Sess.), § 180.)
§ 3352. Prohibition; offenses
(a) No person shall practice or attempt to practice occupational therapy or hold himself or herself out as being able to do so in this State without first having obtained a license.
(b) No person shall use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is an occupational therapist or occupational therapy assistant unless licensed in accordance with this chapter.
(c) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 34, eff. June 27, 2002; 2007, No. 29, § 50.)
§ 3353. Director of the Office of Professional Regulation; duties
(a) The Director shall:
(1) provide general information to applicants for licensure as occupational therapists or occupational therapy assistants;
(2) administer fees collected under this chapter;
(3) explain appeal procedures to occupational therapists, occupational therapy assistants, and applicants, and complaint procedures to the public;
(4) receive applications for licensure, license applicants under this chapter, renew licenses, and revoke, suspend, reinstate, or condition licenses as ordered by an administrative law officer; and
(5) refer all disciplinary matters to an administrative law officer.
(b) The Director of the Office of Professional Regulation, with the advice of the advisor appointees, may adopt rules necessary to perform the duties provided under this chapter. (Added 1993, No. 102, § 1; amended 1997, No. 40, § 49(a); 2001, No. 151 (Adj. Sess.), § 35, eff. June 27, 2002.)
§ 3354. Advisor appointees
(a) The Secretary shall appoint two occupational therapists or an occupational therapist and an occupational therapy assistant to serve as advisors in matters relating to occupational therapists and occupational therapy assistants. They shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the Secretary. One of the initial appointments shall be for less than a three-year term.
(b) Appointees shall have at least three years of experience as an occupational therapist during the period immediately preceding appointment and shall be actively practicing occupational therapy in Vermont and remain in good standing during incumbency.
(c) The Director shall seek the advice of the occupational therapists appointed under this section in carrying out the provisions of this chapter. These members shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1993, No. 102, § 1; amended 2007, No. 29, § 51.)
§ 3355. Eligibility
(a) To be eligible for licensure as an occupational therapist, an applicant:
(1) shall have successfully completed the academic requirements of an educational program for occupational therapists accredited by the American Occupational Therapy Association’s Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor or successor organizations;
(2) shall have successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant met the requirements set forth in subdivision (1) of this subsection; and
(3) shall pass an examination as provided in section 3357 of this title.
(b) To be eligible for licensure as an occupational therapy assistant, an applicant:
(1) shall have successfully completed the academic requirements of an educational program for occupational therapy assistants accredited by the American Occupational Therapy Association’s Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor or successor organizations;
(2) shall have successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant met the requirements set forth in subdivision (1) of this subsection; and
(3) shall pass an examination as provided in section 3357 of this title.
(c) Occupational therapist applicants must complete a minimum of 24 weeks of supervised fieldwork experience or satisfy any generally-recognized past standards that identified minimum fieldwork requirements at the time of graduation.
(d) Occupational therapy assistant applicants must complete a minimum of 16 weeks of supervised fieldwork experience or satisfy any generally-recognized past standards that identified minimum fieldwork requirements at the time of graduation. (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 36, eff. June 27, 2002.)
§ 3356. Application
To apply for licensure as an occupational therapist or occupational therapy assistant, a person shall apply to the Director on a form furnished by the Director. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the Director. (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 37, eff. June 27, 2002.)
§ 3357. Examination
(a) Written examinations shall be conducted under this chapter by a nationally recognized credentialing body approved by the Director. Examinations shall be conducted at least twice a year, except that examinations need not be conducted when no one has applied to be examined.
(b) Examinations administered and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted licensure if they demonstrate that they possess the minimal occupational qualifications that are necessary for the protection of the public health, safety, and welfare. The examination shall not be designed or implemented for the purpose of limiting the number of licensees. The Director, with the advice of the advisor appointees, shall establish, by rule, fixed criteria for passing the examination that shall apply to all persons taking the examination.
(c) The Director shall administer a written examination on the basic and clinical sciences relating to occupational therapy techniques and methods. Before selecting the examination, the Director shall consult the advisor appointees.
(d) The Director may authorize the use of independent testing services or others to assist in the administration of written examinations. (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 38, eff. June 27, 2002.)
§ 3358. Licensure without examination; waiver of educational requirement
(a) The Director may waive the examination requirement if the applicant is an occupational therapist or occupational therapy assistant regulated under the laws of another state, the District of Columbia, or territory of the United States, who is in good standing to practice occupational therapy in that state or territory, and, in the opinion of the Director, the standards and qualifications required for regulation of occupational therapy in that state or territory are currently at least equal to those required by this chapter. The Director may not waive any required period of supervised experience.
(b) The Director may waive the examination requirement if the applicant is certified prior to July 1, 1993 as a registered occupational therapist (OTR) or certified occupational therapy assistant (COTA), if, in the opinion of the Director, the standards and qualifications for such certification are at least equal to those required by this chapter.
(c) The Director may waive the educational requirement for licensure as an occupational therapist, if the applicant is recognized as a certified occupational therapist after having qualified for and passed an occupational therapist examination, and the Director determines that the examination so taken meets the requirements of section 3357 of this chapter. (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 39, eff. June 27, 2002.)
§ 3358a. Temporary licensure without examination
(a) A temporary license without examination for practice under the direction of an occupational therapist licensed in Vermont may be issued to a person who applies for the first time to practice occupational therapy in this State as an occupational therapist or as an occupational therapy assistant under section 3355 of this title and meets all other qualifications of that section.
(b) A temporary license may be issued only for the purpose of allowing a qualified applicant to practice as an occupational therapist or as an occupational therapy assistant until:
(1) the applicant takes the next examination provided by the Director of the Office of Professional Regulation under section 3357 of this title, and a determination is made of the applicant’s qualifications to practice in this State; or
(2) the necessary data for licensure without examination under section 3358 of this title is collected and ruled on by the Director of the Office of Professional Regulation.
(c) Temporary licenses shall be issued on payment of the specified fee for a fixed period of time to be determined by the Director of the Office of Professional Regulation, and shall not be renewed except by the Director of the Office of Professional Regulation, subject to proof of an exceptional cause shown by the applicant. (Added 2001, No. 151 (Adj. Sess.), § 40, eff. June 27, 2002.)
§ 3359. Renewals
(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 20 hours of continuing competence requirements, approved by the Director, during the preceding two-year period. The Director, with the advice of the advisor appointees, shall establish, by rule, guidelines and criteria for continuing competence credit. The Director may waive the continuing competence requirement for the initial licensure period.
(b) Biennially, the Director shall forward a renewal form to each licensee. Upon receipt of the completed form and the renewal fee, the Director shall issue a new license.
(c) Any application for renewal of a license that has expired shall be accompanied by the renewal fee and late fee. A person shall not be required to pay renewal fees for years during which the license was lapsed.
(d) The Director may, after notice and opportunity for reinstatement hearing, revoke a person’s right to renew licensure if the license has lapsed for five or more years. (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 41, eff. June 27, 2002.)
§ 3360. Repealed. 1997, No. 59, § 65(6), eff. June 30, 1997.
§ 3361. Unprofessional conduct
(a) A person licensed under this chapter or a person applying for a license shall not engage in unprofessional conduct.
(b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:
(1) Misrepresentation or concealment of a material fact to obtain, renew, or reinstate a license under this chapter.
(2) Suspension or revocation of a license, certificate, or registration to practice occupational therapy in another jurisdiction on one or more of the grounds specified in this section.
(3) Willful disregard of a subpoena or notice of the Office of Professional Regulation.
(4) Failure to keep written occupational therapy records justifying a course of treatment for a patient, including patient histories, examination results, and test results.
(5) Performing professional services that have not been authorized by the patient or his or her legal representative.
(6) Performing any procedure or prescribing any therapy that, by the prevailing standards of occupational therapy practice, would constitute experimentation on a human subject without first obtaining full, informed, and written consent.
(7) In the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions, that degree of care, skill, and proficiency which is commonly exercised by the ordinary skillful, careful, and prudent occupational therapist or occupational therapy assistant engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred and whether or not committed within or without the State.
(8) Delegating professional responsibilities to a person who the certificate holder knows, or has reason to know, is not qualified by training, experience, or certification to perform them.
(9) Conduct that evidences unfitness to practice.
(10) Addiction to narcotics, habitual drunkenness, or rendering professional services to a patient if the occupational therapist or occupational therapy assistant is intoxicated or under the influence of drugs.
(11) Sexual harassment of a patient.
(12) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient under the care of the person licensed under this chapter.
(c) In connection with a disciplinary action, the Office of Professional Regulation may refuse to accept the return of a license tendered by the subject of a disciplinary investigation.
(d) The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.
(e) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, an administrative law officer may take disciplinary action against the occupational therapist or occupational therapy assistant, or applicant. That action may include any of the following conditions or restrictions, which may be in addition to or in lieu of suspension:
(1) A requirement that the person submit to care or counseling.
(2) A restriction that a licensee practice only under supervision of a named individual or an individual with specified credentials.
(3) A requirement that an occupational therapist or occupational therapy assistant participate in continuing education as directed by the administrative law officer, in order to overcome specified deficiencies.
(4) A requirement that the licensee’s scope of practice be restricted to a specified extent.
(f) The administrative law officer may reinstate a revoked license on terms and conditions he or she deems proper. (Added 1993, No. 102, § 1; amended 1997, No. 145 (Adj. Sess.), § 56; 2001, No. 151 (Adj. Sess.), § 42, eff. June 27, 2002.)
§ 3362. Professional designation
Nothing in this chapter shall be construed to prohibit the use and incorporation into the title of an occupational therapist or occupational therapy assistant of a professional designation organization. (Added 1993, No. 102, § 1.)
- Subchapter 002: OCCUPATIONAL THERAPY LICENSURE COMPACT [EFFECTIVE JULY 1, 2025]
§ 3365. Occupational Therapy Licensure Compact; adoption [Effective July 1, 2025]
This subchapter is the Vermont adoption of the Occupational Therapy Licensure Compact. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Occupational Therapy Licensure Compact that is enacted by other Compact party states. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3366. Purpose [Effective July 1, 2025]
The purpose of this Compact is to facilitate 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. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:
(1) increase public access to 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; and
(7) facilitate the use of telehealth technology in order to increase access to Occupational Therapy services. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3367. Definitions [Effective July 1, 2025]
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
(1) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.
(2) “Adverse action” means any administrative, civil, equitable, or criminal action permitted 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 non-disciplinary 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 (NPDB).
(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 the “practice of occupational therapy” mean the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state’s statutes and regulations.
(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 the 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 (also known as the home state) in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by: driver’s license, federal income tax return, lease, deed, mortgage, or voter registration or other verifying documentation as further defined by Commission rules.
(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 promulgated by the Commission that has the force of law.
(24) “Single-state license” means an occupational therapist 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 of America that regulates the practice of occupational therapy.
(26) “Telehealth” means the application of telecommunication technology to deliver Occupational Therapy services for assessment, intervention, and/or consultation. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3368. State participation in the Compact [Effective July 1, 2025]
(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 but not limited to using the Commission’s unique identifier as defined in rules of the Commission.
(3) Have a mechanism in place for receiving and investigating complaints about licensees.
(4) Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee.
(5) Implement or utilize procedures for considering the criminal 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.
(A) A member state shall, within a time frame established by the Commission, require a criminal background check for a licensee seeking/applying for a compact privilege whose primary state of 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/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) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3369. Compact privilege [Effective July 1, 2025]
(a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:
(1) Hold a license in the home state.
(2) Have a valid United States Social Security Number or National 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(s).
(7) Pay any applicable fees, including any state fee, for the compact privilege.
(8) Complete a criminal background check in accordance with subdivision 3368(a)(5) of this title. The licensee shall be 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(s) in which the licensee is seeking a compact privilege.
(10) Report to the Commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.
(b) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of 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 may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
(f) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(1) the home state license is no longer encumbered; and
(2) two years have elapsed from the date on which the home state license is no longer encumbered in accordance with subdivision (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 subdivisions (1) and (2) of this subsection; and
(4) the compact privileges are reinstated by the Commission, and the compact data system is updated to reflect reinstatement.
(i) If a licensee’s compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system.
(j) Once the requirements of 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. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3370. Obtaining a new home State license by virtue of Compact privilege [Effective July 1, 2025]
(a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time.
(b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states:
(1) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the Commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in section 3369 of this title via the data system, without need for primary source verification except for:
(A) an FBI 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) other criminal background check as required by the new home state; and
(C) submission of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission.
(4) Notwithstanding any other provision of this Compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in section 3369 of this title, 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) Nothing in this compact shall interfere with a licensee’s ability to hold a single-state license in multiple states; however, for the purposes of this Compact, a licensee shall have only one home state license.
(e) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3371. Active duty military personnel or their spouses [Effective July 1, 2025]
Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change the individual’s home state through application for licensure in the new state or through the process described in section 3370 of this title. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3372. Adverse actions [Effective July 1, 2025]
(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 are located.
(c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(d) The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the 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 permitted 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.
(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 the 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) Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3373. Establishment of the occupational therapy Compact commission [Effective July 1, 2025]
(a) The Compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission:
(1) The Commission is an instrumentality of the Compact states.
(2) Venue is proper and judicial proceedings by or against the 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.
(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; or
(B) an administrator of the licensing board.
(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
(4) The member state board shall fill any vacancy occurring in the Commission within 90 days.
(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the 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) Promulgate 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, but not limited to, employees of a member state.
(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest.
(12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal or mixed, provided that at all times the Commission shall avoid any 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 money.
(16) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws.
(17) Provide and receive information from, and cooperate with, law enforcement agencies.
(18) Establish and elect the 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. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact.
(1) The Executive Committee shall be composed of nine members:
(A) seven voting members who are elected by the Commission from the current membership of the Commission;
(B) one ex-officio, nonvoting member from a recognized national Occupational Therapy professional association; and
(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; and
(G) perform other duties as provided in rules or bylaws.
(e) Meetings of the Commission.
(1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 3375 of this title.
(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, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;
(C) current, threatened, or reasonably anticipated litigation;
(D) negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
(E) accusing any person of a crime or formally censuring any person;
(F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(H) disclosure of investigative records compiled for law enforcement purposes;
(I) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
(J) matters specifically exempted from disclosure by federal or member state statute.
(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(4) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
(f) Financing of the Commission.
(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(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 upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.
(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
(g) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil 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, provided that nothing in this subdivision shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The Commission shall defend any member, officer, executive 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, provided that nothing herein shall be construed to prohibit that person from retaining the person’s own counsel, and provided further that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
(3) The Commission shall indemnify and hold harmless any member, 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, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3374. Data system [Effective July 1, 2025]
(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) A member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable (utilizing a unique identifier) as required by the rules of the Commission, including:
(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 application for licensure, and the reason(s) for such denial;
(6) other information that may facilitate the administration of this Compact, as determined by the rules of the Commission; and
(7) current significant investigative information.
(c) Current significant investigative information and other 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. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3375. Rulemaking [Effective July 1, 2025]
(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect.
(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, then such rule shall have 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) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
(1) on the website of the Commission or other publicly accessible platform; and
(2) on the website of each member state occupational therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(f) The Notice of Proposed Rulemaking shall include:
(1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
(2) the text of the proposed rule or amendment and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person; and
(4) the manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
(g) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
(h) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) at least 25 persons;
(2) a state or federal governmental subdivision or agency; or
(3) an association or organization having at least 25 members.
(i) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings will be recorded. A copy of the recording will be made available on request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
(j) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
(k) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
(l) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(m) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) meet an imminent threat to public health, safety, or welfare;
(2) prevent a loss of Commission or member state funds;
(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) protect public health and safety.
(n) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3376. Oversight, dispute resolution, and enforcement [Effective July 1, 2025]
(a) Oversight.
(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact that may affect the powers, responsibilities, or actions of the Commission.
(3) The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.
(b) Default, technical assistance, and termination.
(1) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
(A) provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, and/or any other action to be taken by the Commission; and
(B) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.
(4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
(6) The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
(c) Dispute resolution.
(1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.
(2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement.
(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
(2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3377. Date of implementation of the Interstate Commission for occupational therapy practice and associated rules, withdrawal, and amendment [Effective July 1, 2025]
(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
(c) Any member state may withdraw from this Compact by enacting a statute repealing the same.
(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.
(d) Nothing contained in this Compact shall be construed to invalidate or prevent any Occupational Therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3378. Construction and severability [Effective July 1, 2025]
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
§ 3379. Binding effect of Compact and other laws [Effective July 1, 2025]
(a) A licensee providing Occupational Therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.
(c) Any laws in a member state in conflict with the Compact are superseded to the extent of the conflict.
(d) Any lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.
(e) All agreements between the Commission and the member states are binding in accordance with their terms.
(f) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)
