HB932 - Relating to the Occupational Therapy Licensure Compact; authorizing fees.

  89R829 SCP-F     By: Walle, et al. H.B. No. 932       A BILL TO BE ENTITLED   AN ACT   relating to the Occupational Therapy Licensure Compact;   authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 454, Occupations Code, is amended by   adding Subchapter I to read as follows:   SUBCHAPTER I. OCCUPATIONAL THERAPY LICENSURE COMPACT           Sec.   454.401.     OCCUPATIONAL THERAPY LICENSURE COMPACT. The   Occupational Therapy Licensure Compact is enacted and entered into   with all other jurisdictions that legally join in the compact,   which reads as follows:   OCCUPATIONAL THERAPY LICENSURE COMPACT   SECTION   1.     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:           A.     Increase public access to Occupational Therapy services   by providing for the mutual recognition of other Member State   licenses;           B.     Enhance the States' ability to protect the public's   health and safety;           C.     Encourage the cooperation of Member States in regulating   multi-State Occupational Therapy Practice;           D.  Support spouses of relocating military members;           E. Enhance the exchange of licensure, investigative, and   disciplinary information between Member States;           F.     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           G.     Facilitate the use of Telehealth technology in order to   increase access to Occupational Therapy services.   SECTION   2.     DEFINITIONS           As used in this Compact, and except as otherwise provided,   the following definitions shall apply:           A.     "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.           B.     "Adverse Action" means any administrative, civil,   equitable, or criminal action permitted by a State's laws which 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.           C.     "Alternative Program" means a non-disciplinary   monitoring process approved by an Occupational Therapy Licensing   Board.           D.     "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.           E.     "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.           F.     "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.           G.     "Data System" means a repository of information about   Licensees, including but not limited to license status,   Investigative Information, Compact Privileges, and Adverse   Actions.           H.     "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).           I.     "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.           J.     "Home State" means the Member State that is the   Licensee's Primary State of Residence.           K.     "Impaired Practitioner" means individuals whose   professional practice is adversely affected by substance abuse,   addiction, or other health-related conditions.           L.     "Investigative Information" means information, records,   and/or documents received or generated by an Occupational Therapy   Licensing Board pursuant to an investigation.           M.     "Jurisprudence Requirement" means the assessment of an   individual's knowledge of the laws and rules governing the Practice   of Occupational Therapy in a State.           N.     "Licensee" means an individual who currently holds an   authorization from the State to practice as an Occupational   Therapist or as an Occupational Therapy Assistant.           O.     "Member State" means a State that has enacted the   Compact.           P.     "Occupational Therapist" means an individual who is   licensed by a State to practice Occupational Therapy.           Q.     "Occupational Therapy Assistant" means an individual who   is licensed by a State to assist in the Practice of Occupational   Therapy.           R.     "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.           S.     "Occupational Therapy Compact Commission" or   "Commission" means the national administrative body whose   membership consists of all States that have enacted the Compact.           T.     "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.           U.     "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.           V.     "Remote State" means a Member State other than the Home   State, where a Licensee is exercising or seeking to exercise the   Compact Privilege.           W.     "Rule" means a regulation promulgated by the Commission   that has the force of law.           X.     "State" means any state, commonwealth, district, or   territory of the United States of America that regulates the   Practice of Occupational Therapy.           Y.     "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.           Z.     "Telehealth" means the application of telecommunication   technology to deliver Occupational Therapy services for   assessment, intervention and/or consultation.   SECTION   3.     STATE PARTICIPATION IN THE COMPACT           A.  To participate in the Compact, a Member State shall:                 1.     License Occupational Therapists and Occupational   Therapy Assistants                 2.     Participate fully in the Commission's Data System,   including 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;   and                 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 issuan [Text truncated for display. Full text available on Congress.gov.]