-
Subchapter 001: VERMONT SINGLE-STATE LICENSE
§ 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
§ 3365. Occupational Therapy Licensure Compact; adoption
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
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
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
(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
(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
(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
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
(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
(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
(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
(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
(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
(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
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
(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.)