AB106 - Ratifies the Occupational Therapy Licensure Compact. (BDR 54-233)

REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1) A.B. 106 - *AB106* ASSEMBLY BILL NO. 106–ASSEMBLYMEMBER MARZOLA PREFILED JANUARY 21, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Ratifies the Occupational Therapy Licensure Compact. (BDR 54-233) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to occupational therapy; ratifying and entering into the Occupational Therapy Licensure Compact; authorizing the sharing of certain information with the data system created pursuant to the Compact; providing a person practicing as an occupational therapist or occupational therapy assistant in this State under the Compact with the same legal status as a person practicing as an occupational therapist or occupational therapy assistant under a license issued by the Board of Occupational Therapy; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides for the licensure and regulation of occupational therapists 1 and occupational therapy assistants by the Board of Occupational Therapy. 2 (Chapter 640A of NRS) Section 1 of this bill ratifies and enters into the 3 Occupational Therapy Licensure Compact. The Compact is an interstate compact 4 that allows a person who is licensed as an occupational therapist or occupational 5 therapy assistant in a state that is a member of the Compact to practice in other 6 states that are members of the Compact. In order to practice as an occupational 7 therapist or occupational therapy assistant under the Compact, the Compact 8 requires an occupational therapist or occupational therapy assistant to: (1) hold a 9 license in his or her home state; (2) have a valid social security number or national 10 practitioner identification number; (3) have no encumbrances on any license issued 11 to the person by a state; (4) be eligible to practice under the Compact; (5) have, at 12 least 2 years before seeking to practice under the Compact, completed any 13 requirements and paid all fines resulting any adverse action taken against any 14 license or authority to practice under the Compact; (6) notify the Occupational 15 Therapy Compact Commission that he or she is seeking to practice under the 16 Compact in another state; (7) pay any applicable fees; (8) complete a criminal 17 – 2 – - *AB106* background check; (9) meet any jurisprudence requirements established by the state 18 in which he or she seeks to practice under the Compact; and (10) report any adverse 19 action taken against him or her within 30 days after the date the adverse action is 20 taken. The Compact authorizes a member state to take adverse action against an 21 occupational therapist or occupational therapy assistant practicing in the member 22 state under the Compact. 23 The Compact requires member states to create a joint public agency called the 24 Occupational Therapy Compact Commission. The Commission is required to, 25 among other things: (1) establish bylaws; (2) make rules that facilitate and 26 coordinate implementation and administration of the Compact; (3) hold meetings, 27 which may be closed under certain conditions; and (4) resolve disputes related to 28 the Compact among states that are members of the Compact. The Commission is 29 additionally authorized to levy and collect an annual assessment from each state 30 that is a member of the Compact. 31 The Compact also requires the Commission to create a data system to facilitate 32 the sharing of information among member states. Section 2 of this bill, in general, 33 authorizes the Board of Occupational Therapy to disclose information to that data 34 system when required by the Compact. However, the Compact prohibits the Board 35 from disclosing certain information obtained through a criminal background check. 36 Section 4 of this bill provides for the confidentiality of certain information 37 disclosed through the data system. 38 The Compact provides additional provisions to carry out the Compact, 39 including providing procedures for the taking of adverse actions against licensees, 40 provisions for active military members or their spouses, provisions for rulemaking 41 by the Commission, provisions for oversight, dispute resolution and enforcement 42 and procedures for amendments and withdrawals. The Compact takes effect on the 43 date on which the Compact is enacted into law by the tenth member state. 44 Section 3 of this bill deems practicing as an occupational therapist or 45 occupational therapy assistant under the Compact to be equivalent to practicing 46 under a license issued by the Board of Occupational Therapy, thereby providing 47 such persons with the same authority, duties and legal protections as a licensee. 48 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 640A of NRS is hereby amended by 1 adding thereto a new section to read as follows: 2 The Occupational Therapy Licensure Compact is hereby 3 ratified and entered into with all other jurisdictions legally joining 4 the Compact, in substantially the form set forth in this section: 5 OCCUPATIONAL THERAPY LICENSURE COMPACT 6 7 SECTION 1. PURPOSE 8 9 The purpose of this Compact is to facilitate interstate practice 10 of Occupational Therapy with the goal of improving public access 11 to Occupational Therapy services. The Practice of Occupational 12 Therapy occurs in the State where the patient/client is located at 13 the time of the patient/client encounter. The Compact preserves 14 – 3 – - *AB106* the regulatory authority of States to protect public health and 1 safety through the current system of State licensure. 2 This Compact is designed to achieve the following objectives: 3 A. Increase public access to Occupational Therapy services 4 by providing for the mutual recognition of other Member State 5 licenses; 6 B. Enhance the States’ ability to protect the public’s health 7 and safety; 8 C. Encourage the cooperation of Member States in 9 regulating multi-State Occupational Therapy Practice; 10 D. Support spouses of relocating military members; 11 E. Enhance the exchange of licensure, investigative, and 12 disciplinary information between Member States; 13 F. Allow a Remote State to hold a provider of services with a 14 Compact Privilege in that State accountable to that State’s 15 practice standards; and 16 G. Facilitate the use of Telehealth technology in order to 17 increase access to Occupational Therapy services. 18 19 SECTION 2. DEFINITIONS 20 21 As used in this Compact, and except as otherwise provided, the 22 following definitions shall apply: 23 A. “Active Duty Military” means full-time duty status in the 24 active uniformed service of the United States, including members 25 of the National Guard and Reserve on active duty orders pursuant 26 to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211. 27 B. “Adverse Action” means any administrative, civil, 28 equitable, or criminal action permitted by a State’s laws which is 29 imposed by a Licensing Board or other authority against an 30 Occupational Therapist or Occupational Therapy Assistant, 31 including actions against an individual’s license or Compact 32 Privilege such as censure, revocation, suspension, probation, 33 monitoring of the Licensee, or restriction on the Licensee’s 34 practice. 35 C. “Alternative Program” means a non-disciplinary 36 monitoring process approved by an Occupational Therapy 37 Licensing Board. 38 D. “Compact Privilege” means the authorization, which is 39 equivalent to a license, granted by a Remote State to allow a 40 Licensee from another Member State to practice as an 41 Occupational Therapist or practice as an Occupational Therapy 42 Assistant in the Remote State under its laws and rules. The 43 Practice of Occupational Therapy occurs in the Member State 44 – 4 – - *AB106* where the patient/client is located at the time of the patient/client 1 encounter. 2 E. “Continuing Competence/Education” means a 3 requirement, as a condition of license renewal, to provide evidence 4 of participation in, and/or completion of, educational and 5 professional activities relevant to practice or area of work. 6 F. “Current Significant Investigative Information” means 7 Investigative Information that a Licensing Board, after an inquiry 8 or investigation that includes notification and an opportunity for 9 the Occupational Therapist or Occupational Therapy Assistant to 10 respond, if required by State law, has reason to believe is not 11 groundless and, if proved true, would indicate more than a minor 12 infraction. 13 G. “Data System” means a repository of information about 14 Licensees, including but not limited to license status, Investigative 15 Information, Compact Privileges, and Adverse Actions. 16 H. “Encumbered License” means a license in which an 17 Adverse Action restricts the Practice of Occupational Therapy by 18 the Licensee or said Adverse Action has been reported to the 19 National Practitioner Data Bank (NPDB). 20 I. “Executive Committee” means a group of directors elected 21 or appointed to act on behalf of, and within the powers granted to 22 them by, the Commission. 23 J. “Home State” means the Member State that is the 24 Licensee’s Primary State of Residence. 25 K. “Impaired Practitioner” means individuals whose 26 professional practice is adversely affected by substance abuse, 27 addiction, or other health-related conditions. 28 L. “Investigative Information” means information, records, 29 and/or documents received or generated by an Occupational 30 Therapy Licensing Board pursuant to an investigation. 31 M. “Jurisprudence Requirement” means the assessment of 32 an individual’s knowledge of the laws and rules governing the 33 Practice of Occupational Therapy in a State. 34 N. “Licensee” means an individual who currently holds an 35 authorization from the State to practice as an Occupational 36 Therapist or as an Occupational Therapy Assistant. 37 O. “Member State” means a State that has enacted the 38 Compact. 39 P. “Occupational Therapist” means an individual who is 40 licensed by a State to practice Occupational Therapy. 41 Q. “Occupational Therapy Assistant” means an individual 42 who is licensed by a State to assist in the Practice of Occupational 43 Therapy. 44 – 5 – - *AB106* R. “Occupational Therapy,” “Occupational Therapy 1 Practice,” and the “Practice of Occupational Therapy” mean the 2 care and services provided by an Occupational Therapist or an 3 Occupational Therapy Assistant as set forth in the Member State’s 4 statutes and regulations. 5 S. “Occupational Therapy Compact Commission” or 6 “Commission” means the national administrative body whose 7 membership consists of all States that have enacted the Compact. 8 T. “Occupational Therapy Licensing Board” or “Licensing 9 Board” means the agency of a State that is authorized to license 10 and regulate Occupational Therapists and Occupational Therapy 11 Assistants. 12 U. “Primary State of Residence” means the state (also known 13 as the Home State) in which an Occupational Therapist or 14 Occupational Therapy Assistant who is not Active Duty Military 15 declares a primary residence for legal purposes as verified by: 16 driver’s license, federal income tax return, lease, deed, mortgage 17 or voter registration or other verifying documentation as further 18 defined by Commission Rules. 19 V. “Remote State” means a Member State other than the 20 Home State, where a Licensee is exercising or seeking to exercise 21 the Compact Privilege. 22 W. “Rule” means a regulation promulgated by the 23 Commission that has the force of law. 24 X. “State” means any state, commonwealth, district, or 25 territory of the United States of America that regulates the 26 Practice of Occupational Therapy. 27 Y. “Single-State License” means an Occupational Therapist 28 or Occupational Therapy Assistant license issued by a Member 29 State that authorizes practice only within the issuing State and 30 does not include a Compact Privilege in any other Member State. 31 Z. “Telehealth” means the application of telecommunication 32 technology to deliver Occupational Therapy services for 33 assessment, intervention and/or consultation. 34 35 SECTION 3. STATE PARTICIPATION IN THE COMPACT 36 37 A. To participate in the Compact, a Member State shall: 38 1. License Occupational Therapists and Occupational 39 Therapy Assistants; 40 2. Participate fully in the Commission’s Data System, 41 including but not limited to using the Commission’s unique 42 identifier as defined in Rules of the Commission; 43 3. Have a mechanism in place for receiving and 44 investigating complaints about Licensees; 45 – 6 – - *AB106* 4. Notify the Commission, in compliance with the terms of 1 the Compact and Rules, of any Adverse Action or the availability 2 of Investigative Information regarding a Licensee; 3 5. Implement or utilize procedures for considering the 4 criminal history records of applicants for an initial Compact 5 Privilege. These procedures shall include the submission of 6 fingerprints or other biometric-based information by applicants 7 for the purpose of obtaining an applicant’s criminal history record 8 information from the Federal Bureau of Investigation and the 9 agency responsible for retaining that State’s criminal records; 10 a. A Member State shall, within a time frame established 11 by the Commission, require a criminal background check for a 12 Licensee seeking/applying for a Compact Privilege whose Primary 13 State of Residence is that Member State, by receiving the results of 14 the Federal Bureau of Investigation criminal record search, and 15 shall use the results in making licensure decisions. 16 b. Communication between a Member State, the 17 Commission and among Member States regarding the verification 18 of eligibility for licensure through the Compact shall not include 19 any information received from the Federal Bureau of 20 Investigation relating to a federal criminal records check 21 performed by a Member State under Public Law 92-544. 22 6. Comply with the Rules of the Commis [Text truncated for display. Full text available on LegiScan.]