SB412,20,2522 (e) A member state, if otherwise permitted by state law, may recover from the
23affected occupational therapist or occupational therapy assistant the costs of
24investigations and disposition of cases resulting from any adverse action taken
25against that occupational therapist or occupational therapy assistant.
SB412,21,3
1(f) A member state may take adverse action based on the factual findings of the
2remote state, provided that the member state follows its own procedures for taking
3the adverse action.
SB412,21,74 (g) Joint investigations. 1. In addition to the authority granted to a member
5state by its respective state occupational therapy laws and regulations or other
6applicable state law, any member state may participate with other member states
7in joint investigations of licensees.
SB412,21,108 2. Member states shall share any investigative, litigation, or compliance
9materials in furtherance of any joint or individual investigation initiated under the
10compact.
SB412,21,1911 (h) If an adverse action is taken by the home state against an occupational
12therapist's or occupational therapy assistant's license, the occupational therapist's
13or occupational therapy assistant's compact privilege in all other member states
14shall be deactivated until all encumbrances have been removed from the state
15license. All home state disciplinary orders that impose adverse action against an
16occupational therapist's or occupational therapy assistant's license shall include a
17statement that the occupational therapist's or occupational therapy assistant's
18compact privilege is deactivated in all member states during the pendency of the
19order.
SB412,21,2220 (i) If a member state takes adverse action, it shall promptly notify the
21administrator of the data system. The administrator of the data system shall
22promptly notify the home state of any adverse actions by remote states.
SB412,21,2423 (j) Nothing in this compact shall override a member state's decision that
24participation in an alternative program may be used in lieu of adverse action.
SB412,22,3
1(8) Establishment of the occupational therapy compact commission. (a) The
2compact member states hereby create and establish a joint public agency known as
3the occupational therapy compact commission:
SB412,22,44 1. The commission is an instrumentality of the compact states.
SB412,22,95 2. Venue is proper and judicial proceedings by or against the commission shall
6be brought solely and exclusively in a court of competent jurisdiction where the
7principal office of the commission is located. The commission may waive venue and
8jurisdictional defenses to the extent it adopts or consents to participate in alternative
9dispute resolution proceedings.
SB412,22,1110 3. Nothing in this compact shall be construed to be a waiver of sovereign
11immunity.
SB412,22,1312 (b) Membership, voting, and meetings. 1. Each member state shall have and
13be limited to one delegate selected by that member state's licensing board.
SB412,22,1414 2. The delegate shall be either:
SB412,22,1615 a. A current member of the licensing board, who is an occupational therapist,
16occupational therapy assistant, or public member; or
SB412,22,1717 b. An administrator of the licensing board.
SB412,22,1918 3. Any delegate may be removed or suspended from office as provided by the
19law of the state from which the delegate is appointed.
SB412,22,2120 4. The member state board shall fill any vacancy occurring in the commission
21within 90 days.
SB412,23,222 5. Each delegate shall be entitled to one vote with regard to the promulgation
23of rules and creation of bylaws and shall otherwise have an opportunity to participate
24in the business and affairs of the commission. A delegate shall vote in person or by

1such other means as provided in the bylaws. The bylaws may provide for delegates'
2participation in meetings by telephone or other means of communication.
SB412,23,43 6. The commission shall meet at least once during each calendar year.
4Additional meetings shall be held as set forth in the bylaws.
SB412,23,55 7. The commission shall establish by rule a term of office for delegates.
SB412,23,66 (c) The commission shall have the following powers and duties:
SB412,23,77 1. Establish a code of ethics for the commission;
SB412,23,88 2. Establish the fiscal year of the commission;
SB412,23,99 3. Establish bylaws;
SB412,23,1010 4. Maintain its financial records in accordance with the bylaws;
SB412,23,1211 5. Meet and take such actions as are consistent with the provisions of this
12compact and the bylaws;
SB412,23,1513 6. Promulgate uniform rules to facilitate and coordinate implementation and
14administration of this compact. The rules shall have the force and effect of law and
15shall be binding in all member states;
SB412,23,1816 7. Bring and prosecute legal proceedings or actions in the name of the
17commission, provided that the standing of any state occupational therapy licensing
18board to sue or be sued under applicable law shall not be affected;
SB412,23,1919 8. Purchase and maintain insurance and bonds;
SB412,23,2120 9. Borrow, accept, or contract for services of personnel, including, but not
21limited to, employees of a member state.
SB412,24,222 10. Hire employees, elect or appoint officers, fix compensation, define duties,
23grant such individuals appropriate authority to carry out the purposes of the
24compact, and establish the commission's personnel policies and programs relating

1to conflicts of interest, qualifications of personnel, and other related personnel
2matters;
SB412,24,63 11. Accept any and all appropriate donations and grants of money, equipment,
4supplies, materials and services, and receive, utilize and dispose of the same;
5provided that at all times the commission shall avoid any appearance of impropriety
6and/or conflict of interest;
SB412,24,97 12. Lease, purchase, accept appropriate gifts or donations of, or otherwise own,
8hold, improve or use, any property, real, personal or mixed; provided that at all times
9the commission shall avoid any appearance of impropriety;
SB412,24,1110 13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
11dispose of any property real, personal, or mixed;
SB412,24,1212 14. Establish a budget and make expenditures;
SB412,24,1313 15. Borrow money;
SB412,24,1714 16. Appoint committees, including standing committees composed of members,
15state regulators, state legislators or their representatives, and consumer
16representatives, and such other interested persons as may be designated in this
17compact and the bylaws;
SB412,24,1918 17. Provide and receive information from, and cooperate with, law enforcement
19agencies;
SB412,24,2020 18. Establish and elect an executive committee; and
SB412,24,2321 19. Perform such other functions as may be necessary or appropriate to achieve
22the purposes of this compact consistent with the state regulation of occupational
23therapy licensure and practice.
SB412,24,2524 (d) The executive committee. The executive committee shall have the power to
25act on behalf of the commission according to the terms of this compact.
SB412,25,1
11. The executive committee shall be composed of 9 members:
SB412,25,32 a. Seven voting members who are elected by the commission from the current
3membership of the commission;
SB412,25,54 b. One ex-officio, nonvoting member from a recognized national occupational
5therapy professional association; and
SB412,25,76 c. One ex-officio, nonvoting member from a recognized national occupational
7therapy certification organization;
SB412,25,88 2. The ex-officio members will be selected by their respective organizations.
SB412,25,109 3. The commission may remove any member of the executive committee as
10provided in bylaws.
SB412,25,1111 4. The executive committee shall meet at least annually.
SB412,25,1212 5. The executive committee shall have the following duties and responsibilities:
SB412,25,1513 a. Recommend to the entire commission changes to the rules or bylaws, changes
14to this compact legislation, fees paid by compact member states such as annual dues,
15and any commission compact fee charged to licensees for the compact privilege;
SB412,25,1716 b. Ensure compact administration services are appropriately provided,
17contractual or otherwise;
SB412,25,1818 c. Prepare and recommend the budget;
SB412,25,1919 d. Maintain financial records on behalf of the commission;
SB412,25,2120 e. Monitor compact compliance of member states and provide compliance
21reports to the commission;
SB412,25,2222 f. Establish additional committees as necessary; and
SB412,25,2323 g. Perform other duties as provided in rules or bylaws.
SB412,26,3
1(e) 1. All meetings shall be open to the public, and public notice of meetings
2shall be given in the same manner as required under the rulemaking provisions in
3sub. (10).
SB412,26,64 2. The commission or the executive committee or other committees of the
5commission may convene in a closed, non-public meeting if the commission or
6executive committee or other committees of the commission must discuss:
SB412,26,77 a. Non-compliance of a member state with its obligations under the compact;
SB412,26,108 b. The employment, compensation, discipline or other matters, practices or
9procedures related to specific employees, or other matters related to the
10commission's internal personnel practices and procedures;
SB412,26,1111 c. Current, threatened, or reasonably anticipated litigation;
SB412,26,1312 d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
13real estate;
SB412,26,1414 e. Accusing any person of a crime or formally censuring any person;
SB412,26,1615 f. Disclosure of trade secrets or commercial or financial information that is
16privileged or confidential;
SB412,26,1817 g. Disclosure of information of a personal nature where disclosure would
18constitute a clearly unwarranted invasion of personal privacy;
SB412,26,1919 h. Disclosure of investigative records compiled for law enforcement purposes;
SB412,26,2320 i. Disclosure of information related to any investigative reports prepared by or
21on behalf of or for use of the commission or other committee charged with
22responsibility of investigation or determination of compliance issues pursuant to the
23compact; or
SB412,26,2524 j. Matters specifically exempted from disclosure by federal or member state
25statute.
SB412,27,3
13. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
2commission's legal counsel or designee shall certify that the meeting may be closed
3and shall reference each relevant exempting provision.
SB412,27,104 4. The commission shall keep minutes that fully and clearly describe all
5matters discussed in a meeting and shall provide a full and accurate summary of
6actions taken, and the reasons therefore, including a description of the views
7expressed. All documents considered in connection with an action shall be identified
8in such minutes. All minutes and documents of a closed meeting shall remain under
9seal, subject to release by a majority vote of the commission or order of a court of
10competent jurisdiction.
SB412,27,1311 (f) Financing of the commission. 1. The commission shall pay, or provide for
12the payment of, the reasonable expenses of its establishment, organization, and
13ongoing activities.
SB412,27,1514 2. The commission may accept any and all appropriate revenue sources,
15donations, and grants of money, equipment, supplies, materials, and services.
SB412,27,2216 3. The commission may levy on and collect an annual assessment from each
17member state or impose fees on other parties to cover the cost of the operations and
18activities of the commission and its staff, which must be in a total amount sufficient
19to cover its annual budget as approved by the commission each year for which
20revenue is not provided by other sources. The aggregate annual assessment amount
21shall be allocated based upon a formula to be determined by the commission, which
22shall promulgate a rule binding upon all member states.
SB412,27,2523 4. The commission shall not incur obligations of any kind prior to securing the
24funds adequate to meet the same; nor shall the commission pledge the credit of any
25of the member states, except by and with the authority of the member state.
SB412,28,6
15. The commission shall keep accurate accounts of all receipts and
2disbursements. The receipts and disbursements of the commission shall be subject
3to the audit and accounting procedures established under its bylaws. However, all
4receipts and disbursements of funds handled by the commission shall be audited
5yearly by a certified or licensed public accountant, and the report of the audit shall
6be included in and become part of the annual report of the commission.
SB412,28,167 (g) Qualified immunity, defense, and indemnification. 1. The members,
8officers, executive director, employees and representatives of the commission shall
9be immune from suit and liability, either personally or in their official capacity, for
10any claim for damage to or loss of property or personal injury or other civil liability
11caused by or arising out of any actual or alleged act, error or omission that occurred,
12or that the person against whom the claim is made had a reasonable basis for
13believing occurred within the scope of commission employment, duties or
14responsibilities; provided that nothing in this subdivision shall be construed to
15protect any such person from suit and/or liability for any damage, loss, injury, or
16liability caused by the intentional or willful or wanton misconduct of that person.
SB412,29,217 2. The commission shall defend any member, officer, executive director,
18employee, or representative of the commission in any civil action seeking to impose
19liability arising out of any actual or alleged act, error, or omission that occurred
20within the scope of commission employment, duties, or responsibilities, or that the
21person against whom the claim is made had a reasonable basis for believing occurred
22within the scope of commission employment, duties, or responsibilities; provided
23that nothing herein shall be construed to prohibit that person from retaining his or
24her own counsel; and provided further that the actual or alleged act, error, or

1omission did not result from that person's intentional or willful or wanton
2misconduct.
SB412,29,103 3. The commission shall indemnify and hold harmless any member, officer,
4executive director, employee, or representative of the commission for the amount of
5any settlement or judgment obtained against that person arising out of any actual
6or alleged act, error or omission that occurred within the scope of commission
7employment, duties, or responsibilities, or that such person had a reasonable basis
8for believing occurred within the scope of commission employment, duties, or
9responsibilities, provided that the actual or alleged act, error, or omission did not
10result from the intentional or willful or wanton misconduct of that person.
SB412,29,14 11(9) Data system. (a) The commission shall provide for the development,
12maintenance, and utilization of a coordinated database and reporting system
13containing licensure, adverse action, and investigative information on all licensed
14individuals in member states.
SB412,29,1715 (b) A member state shall submit a uniform data set to the data system on all
16individuals to whom this compact is applicable (utilizing a unique identifier) as
17required by the rules of the commission, including:
SB412,29,1818 1. Identifying information;
SB412,29,1919 2. Licensure data;
SB412,29,2020 3. Adverse actions against a license or compact privilege;
SB412,29,2121 4. Non-confidential information related to alternative program participation;
SB412,29,2222 5. Any denial of application for licensure, and the reason(s) for such denial;
SB412,29,2423 6. Other information that may facilitate the administration of this compact, as
24determined by the rules of the commission; and
SB412,29,2525 7. Current significant investigative information.
SB412,30,3
1(c) Current significant investigative information and other investigative
2information pertaining to a licensee in any member state will only be available to
3other member states.
SB412,30,74 (d) The commission shall promptly notify all member states of any adverse
5action taken against a licensee or an individual applying for a license. Adverse action
6information pertaining to a licensee in any member state will be available to any
7other member state.
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