Florida Senate - 2025 SB 1010
By Senator Calatayud
38-00588-25 20251010__
1 A bill to be entitled
2 An act relating to the Occupational Therapy Licensure
3 Compact; creating s. 468.226, F.S.; creating the
4 Occupational Therapy Licensure Compact; providing a
5 purpose and objectives of the compact; defining terms;
6 specifying requirements for state participation in the
7 compact; authorizing member states to obtain
8 biometric-based information from and conduct criminal
9 background checks on licensees applying for a compact
10 privilege; requiring member states to grant the
11 compact privilege to licensees if they meet specified
12 criteria; specifying criteria licensees must meet to
13 exercise the compact privilege under the compact;
14 providing for the expiration of the compact privilege;
15 requiring licensees practicing in a remote state under
16 the compact privilege to comply with the laws and
17 rules of that state; subjecting licensees to the
18 regulatory authority of remote states where they
19 practice under the compact privilege; providing for
20 disciplinary action; specifying circumstances under
21 which licensees are ineligible for a compact
22 privilege; specifying conditions that a licensee must
23 meet to regain his or her compact privilege after an
24 adverse action; specifying locations active duty
25 military personnel and their spouses may use to
26 designate their home state for purposes of the
27 compact; providing that only a home state may impose
28 adverse action against a license issued by that state;
29 authorizing home states to take adverse action based
30 on investigative information of a remote state,
31 subject to certain requirements; directing member
32 states that use alternative programs in lieu of
33 discipline to require the licensee to agree not to
34 practice in other member states while participating in
35 the program, unless authorized by the member state;
36 authorizing member states to investigate violations by
37 licensees in other member states; authorizing member
38 states to take adverse action against compact
39 privileges issued in their respective states;
40 authorizing remote states to issue subpoenas for
41 hearings and investigations; requiring the issuing
42 remote state to pay related fees and expenses;
43 authorizing remote states to recover costs under
44 certain circumstances; providing for joint
45 investigations of licensees under the compact;
46 establishing the Occupational Therapy Compact
47 Commission; providing for the venue and jurisdiction
48 for court proceedings by or against the commission;
49 providing construction; providing for commission
50 membership, voting, and meetings; authorizing the
51 commission to convene closed, nonpublic meetings under
52 certain circumstances; specifying duties and powers of
53 the commission; providing for membership and duties of
54 the executive board of the commission; providing for
55 financing of the commission; providing for qualified
56 immunity, defense, and indemnification of the
57 commission; requiring the commission to develop and
58 maintain a coordinated database and reporting system
59 for certain information about licensees under the
60 compact; requiring member states to submit specified
61 information to the system; requiring that information
62 contained in the system be available only to member
63 states; requiring the commission to notify all member
64 states promptly of reported adverse action taken
65 against licensees or applicants for licensure;
66 authorizing member states to designate reported
67 information as exempt from public disclosure;
68 providing for the removal of submitted information
69 from the system under certain circumstances; providing
70 for commission rulemaking; specifying public notice
71 and hearing requirements for rulemaking; providing for
72 emergency rulemaking; providing for state enforcement
73 of the compact; providing for the default and
74 termination of compact membership; providing for
75 appeals and costs; providing procedures for the
76 resolution of certain disputes; providing for
77 enforcement against a defaulting state; providing
78 construction; providing for implementation and
79 administration of the compact and associated rules;
80 providing that compact states that join after initial
81 adoption of the commission’s rules are subject to such
82 rules; specifying procedures for compact states to
83 withdraw from the compact; providing construction;
84 providing for amendment of the compact; providing
85 construction and severability; amending s. 456.073,
86 F.S.; requiring the Department of Health to report
87 certain investigative information to the data system
88 under the Occupational Therapy Licensure Compact;
89 amending s. 456.076, F.S.; requiring monitoring
90 contracts for certain impaired practitioners
91 participating in treatment programs to contain
92 specified terms; amending s. 468.205, F.S.; requiring
93 the Board of Occupational Therapy Practice to appoint
94 an individual to serve as the state’s delegate on the
95 Occupational Therapy Compact Commission; amending ss.
96 468.207 and 468.209, F.S.; exempting occupational
97 therapists and occupational therapy assistants from
98 licensure requirements if they are practicing in this
99 state pursuant to a compact privilege under the
100 compact; amending s. 468.1755, F.S.; authorizing the
101 board to take adverse action against the compact
102 privilege of occupational therapists and occupational
103 therapy assistants for specified prohibited acts;
104 amending s. 768.28, F.S.; designating the state
105 delegate and other members or employees of the
106 commission as state agents for the purpose of applying
107 sovereign immunity and waivers of sovereign immunity;
108 requiring the commission to pay certain claims or
109 judgments; authorizing the commission to maintain
110 insurance coverage to pay such claims or judgments;
111 providing an effective date.
112
113 Be It Enacted by the Legislature of the State of Florida:
114
115 Section 1. Section 468.226, Florida Statutes, is created to
116 read:
117 468.226 Occupational Therapy Licensure Compact.—The
118 Occupational Therapy Licensure Compact is hereby enacted into
119 law and entered into by this state with all other jurisdictions
120 legally joining therein in the form substantially as follows:
121
122 ARTICLE I
123 PURPOSE AND OBJECTIVES
124
125 (1) The purpose of the compact is to facilitate interstate
126 practice of occupational therapy with the goal of improving
127 public access to occupational therapy services. The compact
128 preserves the regulatory authority of member states to protect
129 public health and safety through their current systems of state
130 licensure. For purposes of state regulation under the compact,
131 the practice of occupational therapy is deemed to have occurred
132 in the state where the patient is located at the time
133 occupational therapy is provided to the patient.
134 (2) The compact is designed to achieve all of the following
135 objectives:
136 (a) Increase public access to occupational therapy services
137 by providing for the mutual recognition of other member state
138 licenses.
139 (b) Enhance member states’ ability to protect the public’s
140 health and safety.
141 (c) Encourage the cooperation of member states in
142 regulating multistate occupational therapy practice.
143 (d) Support spouses of relocating military members.
144 (e) Enhance the exchange of licensure, investigative, and
145 disciplinary information between member states.
146 (f) Allow a remote state to hold a provider of services
147 with a compact privilege in that state accountable to that
148 state’s practice standards.
149
150 ARTICLE II
151 DEFINITIONS
152
153 As used in the compact, and except as otherwise provided,
154 the term:
155 (1) “Active duty military” means full-time duty status in
156 the active uniformed service of the United States, including
157 members of the National Guard and Reserve on active duty orders
158 pursuant to 10 U.S.C. chapter 1209 and chapter 1211.
159 (2) “Adverse action” means disciplinary action taken by an
160 occupational therapy licensing board based upon misconduct,
161 unacceptable performance, or a combination of both.
162 (3) “Alternative program” means a nondisciplinary
163 monitoring or practice remediation process approved by a state’s
164 occupational therapy licensing board. The term includes, but is
165 not limited to, programs that address substance abuse issues.
166 (4) “Compact privilege” means the authorization granted by
167 a remote state to allow a licensee from another member state to
168 practice as an occupational therapist or occupational therapy
169 assistant in the remote state under its laws and rules.
170 (5) “Continuing competence” means a requirement, as a
171 condition of license renewal, to provide evidence of
172 participation in, and completion of, educational and
173 professional activities relevant to the practice of occupational
174 therapy.
175 (6) “Data system” means the coordinated database and
176 reporting system created by the Occupational Therapy Compact
177 Commission for the exchange of information between member states
178 relating to licensees or applicants under the compact, including
179 personal identifying information, licensure data, investigative
180 information, adverse actions, nonconfidential information
181 related to alternative program participation, any denial of an
182 application for licensure, and other information as specified by
183 commission rule.
184 (7) “Encumbered license” means a license that an
185 occupational therapy licensing board has limited in any way.
186 (8) “Executive board” means a group of directors elected or
187 appointed to act on behalf of, and within the powers granted to
188 them by, the commission.
189 (9) “Home state” means the member state that is the
190 licensee’s primary state of residence.
191 (10) “Investigative information” means information,
192 records, and documents received or generated by an occupational
193 therapy licensing board pursuant to an investigation.
194 (11) “Jurisprudence requirement” means the assessment of an
195 individual’s knowledge of the laws and rules governing the
196 practice of occupational therapy in a specific state.
197 (12) “Licensee” means an individual who currently holds an
198 authorization from a state to practice as an occupational
199 therapist or occupational therapy assistant.
200 (13) “Member state” means a state that has enacted the
201 compact.
202 (14) “Occupational therapist” means an individual licensed
203 by a state to practice occupational therapy.
204 (15) “Occupational therapy” or “the practice of
205 occupational therapy” means the care and services provided by or
206 under the direction and supervision of a licensed occupational
207 therapist.
208 (16) “Occupational therapy assistant” means an individual
209 licensed by a state to assist an occupational therapist in
210 specified areas of occupational therapy.
211 (17) “Occupational Therapy Compact Commission” or
212 “commission” means the national administrative body whose
213 membership consists of all states that have enacted the compact.
214 (18) “Occupational therapy licensing board” means the
215 agency of a state which is responsible for the licensing and
216 regulation of occupational therapists and occupational therapy
217 assistants.
218 (19) “Remote state” means a member state other than the
219 home state where a licensee is exercising or seeking to exercise
220 the compact privilege.
221 (20) “Rule” means a regulation, principle, or directive
222 adopted by the commission which has the force of law.
223 (21) “State” means any state, commonwealth, district, or
224 territory of the United States of America which regulates the
225 practice of occupational therapy.
226
227 ARTICLE III
228 STATE PARTICIPATION IN THE COMPACT
229
230 (1) To participate in the compact, a state must do all of
231 the following:
232 (a) Participate fully in the commission’s data system,
233 including using the commission’s unique identifier, as defined
234 by commission rule.
235 (b) Have a mechanism in place for receiving and
236 investigating complaints about licensees.
237 (c) Notify the commission, in accordance with the terms of
238 the compact and rules, of any adverse action or the availability
239 of any investigative information regarding a licensee.
240 (d) Fully implement a criminal background check
241 requirement, within a timeframe established by commission rule,
242 which uses results from the Federal Bureau of Investigation
243 record search on criminal background checks to make licensure
244 decisions in accordance with subsection (2).
245 (e) Comply with the commission’s rules.
246 (f) Use a recognized national examination as a requirement
247 for licensure pursuant to the commission’s rules.
248 (g) Have continuing competence requirements as a condition
249 for license renewal.
250 (2) Upon adoption of the compact, a member state has the
251 authority to obtain biometric-based information from each
252 licensee applying for a compact privilege and submit this
253 information to the Federal Bureau of Investigation for a
254 criminal background check in accordance with 28 U.S.C. s. 534
255 and 34 U.S.C. s. 40316.
256 (3) A member state must grant the compact privilege to a
257 licensee holding a valid unencumbered license in another member
258 state in accordance with the terms of the compact and rules.
259
260 ARTICLE IV
261 COMPACT PRIVILEGE
262
263 (1) To exercise the compact privilege under the compact, a
264 licensee must satisfy all of the following conditions:
265 (a) Hold a license to practice occupational therapy in the
266 home state.
267 (b) Not have an encumbrance on any state license.
268 (c) Be eligible for a compact privilege in all member
269 states in accordance with subsections (4), (7), and (8).
270 (d) Not have had an adverse action against any license or
271 compact privilege within the preceding 2 years.
272 (e) Notify the commission that the licensee is seeking the
273 compact privilege within a remote state.
274 (f) Meet any jurisprudence requirements established by the
275 remote state in which the licensee is seeking a compact
276 privilege.
277 (g) Report to the commission any adverse action taken by a
278 nonmember state within 30 days after the date the adverse action
279 is taken.
280 (2) The compact privilege is valid until the expiration
281 date of the home license. The licensee must continue to meet the
282 requirements of subsection (1) to maintain the compact privilege
283 in a remote state.
284 (3) A licensee providing occupational therapy in a remote
285 state under the compact privilege must comply with the laws and
286 rules of the remote state.
287 (4) A licensee providing occupational therapy in a remote
288 state is subject to that state’s regulatory authority. A remote
289 state may, in accordance with due process and that state’s laws,
290 remove a licensee’s compact privilege in the remote state for a
291 specific period of time, impose fines, and take any other
292 necessary actions to protect the health and safety of its
293 residents. The licensee is not eligible for a compact privilege
294 in any member state until the specific period of time for
295 removal has ended and all fines are paid.
296 (5) If a home state license is encumbered, the licensee
297 loses the compact privilege in all remote states until both of
298 the following conditions are met:
299 (a) The home state license is no longer encumbered.
300 (b) Two years have elapsed from the date of the adverse
301 action.
302 (6) Once an encumbered license in the home state is
303 restored to good standing, the licensee must meet the
304 requirements of subsection (1) to obtain a compact privilege in
305 any remote state.
306 (7) If a licensee’s compact privilege in any remote state
307 is removed, the licensee loses the compact privilege in all
308 remote states until all of the following conditions are met:
309 (a) The specific period of time for which the compact
310 privilege was removed has ended.
311 (b) All fines have been paid.
312 (c) Two years have elapsed from the date of the adverse
313 action.
314 (8) Once the requirements of subsection (7) have been met,
315 the licensee must meet the requirements of subsection (1) to
316 obtain a compact privilege in a remote state.
317
318 ARTICLE V
319 ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES
320
321 A licensee who is active duty military or is the spouse of
322 an individual who is active duty military may choose any of the
323 following locations to designate as his or her home state:
324 (1) Home of record.
325 (2) Permanent change of station location.
326 (3) State of current residence, if it is different from the
327 home of record or permanent change of station location.
328
329 ARTICLE VI
330 ADVERSE ACTIONS
331
332 (1) A home state has exclusive power to impose adverse
333 action against a license issued by the home state.
334 (2) A home state may take adverse action based on the
335 investigative information of a remote state, so long as the home
336 state follows its own procedures for imposing adverse action.
337 (3) The compact does not override a member state’s decision
338 that participation in an alternative program may be used in lieu
339 of adverse action and that such participation remain nonpublic
340 if required by the member state’s laws. Member states must
341 require licensees who enter any alternative program in lieu of
342 discipline to agree not to practice in any other member state
343 during the term of the alternative program without prior
344 authorization from such other member state.
345 (4) A member state may investigate actual or alleged
346 violations of the laws and rules for the practice of
347 occupational therapy committed in any other member state by an
348 occupational therapist or occupational therapy assistant
349 practicing under the compact who holds a license or compact
350 privilege in such other member state.
351 (5) A remote state may do any of the following:
352 (a) Take adverse actions as set forth in subsection (4) of
353 Article IV against a licensee’s compact privilege in the state.
354 (b) Issue subpoenas for both hearings and investigations
355 which require the attendance and testimony of witnesses and the
356 production of evidence. Subpoenas issued by an occupational
357 therapy licensing board in a member state for the attendance and
358 testimony of witnesses or for the production of evidence from
359 another member state must be enforced in the latter state by any
360 court of competent jurisdiction, according to the practice and
361 procedure of that court applicable to subpoenas issued in
362 proceedings pending before it. The issuing authority shall pay
363 any witness fees, travel expenses, mileage, and other fees
364 required by the service laws of the state where the witnesses or
365 evidence is located.
366 (c) If otherwise permitted by state law, recover from the
367 licensee the costs of investigations and disposition of cases
368 resulting from any adverse action taken against that licensee.
369 (6)(a) In addition to the authority granted to a member
370 state by its respective occupational therapy practice act or
371 other applicable state law, a member state may participate with
372 other member states in joint investigations of licensees.
373 (b) Member states shall share all investigative,
374 litigation, or compliance materials in furtherance of any joint
375 or individual investigation initiated under the compact.
376
377 ARTICLE VII
378 ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION
379
380 (1) COMMISSION CREATED.—The member states hereby create and
381 establish a joint public agency known as the Occupational
382 Therapy Compact Commission:
383 (a) The commission is an instrumentality of the member
384 states.
385 (b) Venue is proper, and judicial proceedings by or against
386 the commission must be brought solely and exclusively, in a
387 court of competent jurisdiction where the principal office of
388 the commission is located. The commission may waive venue and
389 jurisdictional defenses to the extent it adopts or consents to
390 participate in alternative dispute resolution proceedings.
391 (c) The compact may not be construed to be a waiver of
392 sovereign immunity.
393 (2) MEMBERSHIP, VOTING, AND MEETINGS.—
394 (a) Each member state has and is limited to one delegate
395 selected by that member state’s occupational therapy licensing
396 board to serve on the commission. The delegate must be a current
397 member of the occupational therapy licensing board who is an
398 occupational therapist, an occupational therapy assistant, a
399 public member, or the board administrator.
400 (b) A delegate may be removed or suspended from office as
401 provided by the law of the state from which the delegate is
402 appointed. Any vacancy occurring on the commission must be
403 filled by the occupational therapy licensing board of the member
404 state for which the vacancy exists.
405 (c) Each delegate is entitled to one vote with regard to
406 the adoption of rules and bylaws and must otherwise have an
407 opportunity to participate in the business and affairs of the
408 commission.
409 (d) A delegate shall vote in person or by such other means
410 as provided in the bylaws. The bylaws may provide for delegates’
411 participation in meetings by telephone or other means of
412 communication.
413 (e) The commission shall meet at least once during each
414 calendar year. Additional meetings may be held as set forth in
415 the bylaws.
416 (f) All meetings must be open to the public, and public
417 notice of meetings must be given in the same manner as required
418 under the rulemaking provisions in Article IX.
419 (g) The commission or the executive board or other
420 committees of the commission may convene in a closed, nonpublic
421 meeting if the commission or executive board or other committees
422 of the commission must discuss any of the following:
423 1. Noncompliance of a member state with its obligations
424 under the compact.
425 2. The employment, compensation, or discipline of, or other
426 matters, practices, or procedures related to, specific employees
427 or other matters related to the commission’s internal personnel
428 practices and procedures.
429 3. Current, threatened, or reasonably anticipated
430 litigation against the commission, executive board, or other
431 committees of the commission.
432 4. Negotiation of contracts for the purchase, lease, or
433 sale of goods, services, or real estate.
434 5. An accusation of any person of a crime or a formal
435 censure of any person.
436 6. Information disclosing trade secrets or commercial or
437 financial information that is privileged or confidential.
438 7. Information of a personal nature where disclosure would
439 constitute a clearly unwarranted invasion of personal privacy.
440 8. Investigatory records compiled for law enforcement
441 purposes.
442 9. Information related to any investigative report prepared
443 by or on behalf of or for use of the commission or other
444 committees charged with responsibility for investigation or
445 determination of compliance issues pursuant to the compact.
446 10. Matters specifically exempted from disclosure by
447 federal or member state statute.
448 (h) If a meeting, or portion of a meeting, is closed
449 pursuant to this subsection, the commission’s legal counsel or
450 designee must certify that the meeting may be closed and must
451 reference each relevant exempting provision.
452 (i) The commission shall keep minutes that fully and
453 clearly describe all matters discussed in a meeting and shall
454 provide a full and accurate summary of actions taken and the
455 reasons therefor, including a description of the views
456 expressed. All documents considered in connection with an action
457 must be identified in the minutes. All minutes and documents of
458 a closed meeting must remain under seal, subject to release only
459 by a majority vote of the commission or order of a court of
460 competent jurisdiction.
461 (3) DUTIES.—The commission shall do all of the following:
462 (a) Establish the fiscal year of the commission.
463 (b) Establish bylaws.
464 (c) Maintain its financial records in accordance with the
465 bylaws.
466 (d) Meet and take such actions as are consistent with the
467 provisions of the compact and the bylaws.
468 (4) POWERS.—The commission may do any of the following:
469 (a) Adopt uniform rules to facilitate and coordinate
470 implementation and administration of the compact. The rules have
471 the force and effect of law and are binding in all member
472 states.
473 (b) Bring and prosecute legal proceedings or actions in the
474 name of the commission, provided that the standing of any state
475 occupational therapy licensing board to sue or be sued under
476 applicable law is not affected.
477 (c) Purchase and maintain insurance and bonds.
478 (d) Borrow, accept, or contract for services of personnel,
479 including, but not limited to, employees of a member state.
480 (e) Hire employees and elect or appoint officers; fix the
481 compensation of, define the duties of, and grant appropriate
482 authority to such individuals to carry out the purposes of the
483 compact; and establish the commission’s personnel policies and
484 programs relating to conflicts of interest, qualifications of
485 personnel, and other related personnel matters.
486 (f) Accept any appropriate donations and grants of money,
487 equipment, supplies, materials, and services and receive, use,
488 and dispose of the same, provided that at all times the
489 commission avoids any appearance of impropriety or conflict of
490 interest.
491 (g) Lease, purchase, accept appropriate gifts or donations
492 of, or otherwise own, hold, improve, or use any property, real,
493 personal, or mixed, provided that at all times the commission
494 avoids any appearance of impropriety or conflict of interest.
495 (h) Sell, convey, mortgage, pledge, lease, exchange,
496 abandon, or otherwise dispose of any property, real, personal,
497 or mixed.
498 (i) Establish a budget and make expenditures.
499 (j) Borrow money.
500 (k) Appoint committees, including standing committees
501 composed of members, state regulators, state legislators or
502 their representatives, consumer representatives, and such other
503 interested persons as may be designated in the compact and the
504 bylaws.
505 (l) Provide information to, receive information from, and
506 cooperate with law enforcement agencies.
507 (m) Establish and elect an executive board.
508 (n) Perform such other functions as may be necessary or
509 appropriate to achieve the purposes of the compact consistent
510 with the state regulation of occupational therapy licensure and
511 practice.
512 (5) THE EXECUTIVE BOARD.—
513 (a) The executive board may act on behalf of the commission
514 according to the terms of the compact.
515 (b) The executive board shall be composed of the following
516 nine members:
517 1. Seven voting members who are elected by the commission
518 from the current membership of the commission.
519 2. One ex officio, nonvoting member from the recognized
520 national occupational therapy professional association.
521 3. One ex officio, nonvoting member from the recognized
522 membership organization of the occupational therapy licensing
523 boards.
524 (c) The ex officio members shall be selected by their
525 respective organizations.
526 (d) The commission may remove any member of the executive
527 board as provided in its bylaws.
528 (e) The executive board shall meet at least annually.
529 (f) The executive board shall do all of the following:
530 1. Recommend to the entire commission changes to the rules
531 or bylaws, compact legislation, fees paid by compact member
532 states, such as annual dues, and any commission compact fee
533 charged to licensees for the compact privilege.
534 2. Ensure compact administration services are appropriately
535 provided, contractually or otherwise.
536 3. Prepare and recommend the budget.
537 4. Maintain financial records on behalf of the commission.
538 5. Monitor compact compliance of member states and provide
539 compliance reports to the commission.
540 6. Establish additional committees as necessary.
541 7. Perform other duties as provided in the rules or bylaws.
542 (6) FINANCING OF THE COMMISSION.—
543 (a) The commission shall pay, or provide for the payment
544 of, the reasonable expenses of its establishment, organization,
545 and ongoing activities.
546 (b) The commission may accept any appropriate revenue
547 sources, donations, and grants of money, equipment, supplies,
548 materials, and services.
549 (c) The commission may levy and collect an annual
550 assessment from each member state or impose fees on other
551 parties to cover the cost of the operations and activities of
552 the commission and its staff. Such assessments and fees must
553 total to an amount sufficient to cover the commission’s annual
554 budget as approved each year for which revenue is not provided
555 by other sources. The aggregate annual assessment amount must be
556 allocated based upon a formula to be determined by the
557 commission, which shall adopt a rule binding upon all member
558 states.
559 (d) The commission may not incur obligations of any kind
560 before securing the funds adequate to meet such obligations; nor
561 may the commission pledge the credit of any member state, except
562 by and with the authority of the member state.
563 (e) The commission shall keep accurate accounts of all
564 receipts and disbursements. The receipts and disbursements of
565 the commission are subject to the audit and accounting
566 procedures established under its bylaws. However, all receipts
567 and disbursements of funds handled by the commission must be
568 audited yearly by a certified or licensed public accountant, and
569 the report of the audit must be included in and become part of
570 the annual report of the commission.
571 (7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
572 (a) The members, officers, executive director, employees,
573 and representatives of the commission are immune from suit and
574 liability, whether personally or in their official capacity, for
575 any claim for damage to or loss of property or personal injury
576 or other civil liability caused by or arising out of any actual
577 or alleged act, error, or omission that occurred, or that the
578 person against whom the claim is made had a reasonable basis for
579 believing occurred, within the scope of commission employment,
580 duties, or responsibilities. However, this paragraph may not be
581 construed to protect any such person from suit or liability for
582 any damage, loss, injury, or liability caused by the
583 intentional, willful, or wanton misconduct of that person.
584 (b) The commission shall defend any member, officer,
585 executive director, employee, or representative of the
586 commission in any civil action seeking to impose liability
587 arising out of any actual or alleged act, error, or omission
588 that occurred within the scope of commission employment, duties,
589 or responsibilities, or that the person against whom the claim
590 is made had a reasonable basis for believing occurred within the
591 scope of commission employment, duties, or responsibilities.
592 However, this paragraph may not be construed to prohibit any
593 member, officer, executive director, employee, or representative
594 of the commission from retaining his or her own counsel or to
595 require the commission to defend such person if the actual or
596 alleged act, error, or omission resulted from that person’s
597 intentional, willful, or wanton misconduct.
598 (c) The commission shall indemnify and hold harmless any
599 member, officer, executive director, employee, or representative
600 of the commission for the amount of any settlement or judgment
601 obtained against that person arising out of any actual or
602 alleged act, error, or omission that occurred within the scope
603 of commission employment, duties, or responsibilities, or that
604 such person had a reasonable basis for believing occurred within
605 the scope of commission employment, duties, or responsibilities,
606 provided that the actual or alleged act, error, or omission did
607 not result from the intentional, willful, or wanton misconduct
608 of that person.
609
610 ARTICLE VIII
611 DATA SYSTEM
612
613 (1) The commission shall provide for the development,
614 maintenance, and use of a coordinated database and reporting
615 system containing licensure, adverse action, and investigative
616 information on all licensed individuals in member states.
617 (2) Notwithstanding any other provision of state law to the
618 contrary, a member state shall submit a uniform data set to the
619 data system on all individuals to whom the compact is applicable
620 as required by the rules of the commission, which data set must
621 include all of the following:
622 (a) Personal identifying information.
623 (b) Licensure data.
624 (c) Adverse actions against a license or compact privilege.
625 (d) Nonconfidential information related to alternative
626 program participation.
627 (e) Any denial of application for licensure and the reason
628 for such denial.
629 (f) Other information that may facilitate the
630 administration of the compact, as determined by the rules of the
631 commission.
632 (3) Investigative information in the system pertaining to a
633 licensee in any member state must be available only to other
634 member states.
635 (4) The commission shall promptly notify all member states
636 of any adverse action taken against a license or an individual
637 applying for a license in a member state. Adverse action
638 information pertaining to a licensee in any member state must be
639 available to all other member states.
640 (5) Member states contributing information to the data
641 system may designate information that may not be shared with the
642 public without the express permission of the contributing state.
643 (6) Any information submitted to the data system which is
644 subsequently required to be expunged by the laws of the member
645 state contributing the information must be removed from the data
646 system.
647
648 ARTICLE IX
649 RULEMAKING
650
651 (1) The commission shall exercise its rulemaking powers
652 pursuant to the criteria set forth in this article and the rules
653 adopted thereunder. Rules and amendments become binding as of
654 the date specified in each rule or amendment.
655 (2) If a majority of the legislatures of the member states
656 rejects a rule by enactment of a statute or resolution in the
657 same manner used to adopt the compact within 4 years after the
658 date of adoption of the rule, such rule does not have further
659 force and effect in any member state.
660 (3) Rules or amendments to the rules must be adopted at a
661 regular or special meeting of the commission.
662 (4) Before adoption of a final rule by the commission, and
663 at least 30 days before the meeting at which the rule will be
664 considered and voted upon, the commission must file a notice of
665 proposed rulemaking on all of the following:
666 (a) The website of the commission or another publicly
667 accessible platform.
668 (b) The website of each member state’s occupational therapy
669 licensing board or another publicly accessible platform or the
670 publication in which each state would otherwise publish proposed
671 rules.
672 (5) The notice of proposed rulemaking must include all of
673 the following:
674 (a) The proposed date, time, and location of the meeting in
675 which the rule or amendment will be considered and voted upon.
676 (b) The text of the proposed rule or amendment and the
677 reason for the proposed rule.
678 (c) A request for comments on the proposed rule or
679 amendment from any interested person.
680 (d) The manner in which interested persons may submit
681 notice to the commission of their intention to attend the public
682 hearing and any written comments.
683 (6) Before adoption of a proposed rule or amendment, the
684 commission must allow persons to submit written data, facts,
685 opinions, and arguments, which must be made available to the
686 public.
687 (7) The commission must grant an opportunity for a public
688 hearing before it adopts a rule or an amendment if a hearing is
689 requested by any of the following:
690 (a) At least 25 persons.
691 (b) A state or federal governmental subdivision or agency.
692 (c) An association having at least 25 members.
693 (8) If a scheduled public hearing is held on the proposed
694 rule or amendment, the commission must publish the date, time,
695 and location of the hearing. If the hearing is held through
696 electronic means, the commission must publish the mechanism for
697 access to the electronic hearing.
698 (a) All persons wishing to be heard at the hearing must
699 notify the executive director of the commission or another
700 designated member in writing of their desire to appear and
701 testify at the hearing at least 5 business days before the
702 scheduled date of the hearing.
703 (b) Hearings must be conducted in a manner providing each
704 person who wishes to comment a fair and reasonable opportunity
705 to comment orally or in writing.
706 (c) All hearings must be recorded. A copy of the recording
707 must be made available on request.
708 (d) This article may not be construed to require a separate
709 hearing on each rule. Rules may be grouped for the convenience
710 of the commission at hearings required by this article.
711 (9) Following the scheduled hearing date, or by the close
712 of business on the scheduled hearing date if the hearing was not
713 held, the commission shall consider all written and oral
714 comments received.
715 (10) If no written notice of intent to attend the public
716 hearing by interested parties is received, the commission may
717 proceed with adoption of the proposed rule without a public
718 hearing.
719 (11) The commission shall, by majority vote of all members,
720 take final action on the proposed rule and shall determine the
721 effective date of the rule, if any, based on the rulemaking
722 record and the full text of the rule.
723 (12) Upon determination that an emergency exists, the
724 commission may consider and adopt an emergency rule without
725 prior notice, opportunity for comment, or hearing, provided that
726 the usual rulemaking procedures provided in the compact and in
727 this article are retroactively applied to the rule as soon as
728 reasonably possible, in no event later than 90 days after the
729 effective date of the rule. For the purposes of this subsection,
730 an emergency rule is one that must be adopted immediately in
731 order to do any of the following:
732 (a) Meet an imminent threat to public health, safety, or
733 welfare.
734 (b) Prevent a loss of commission or member state funds.
735 (c) Meet a deadline for the adoption of an administrative
736 rule established by federal law or rule.
737 (d) Protect public health and safety.
738 (13) The commission or an authorized committee of the
739 commission may direct revisions to a previously adopted rule or
740 amendment for purposes of correcting typographical errors,
741 errors in format, errors in consistency, or grammatical errors.
742 Public notice of any revisions must be posted on the website of
743 the commission. The revision is subject to challenge by any
744 person for a period of 30 days after posting. The revision may
745 be challenged only on grounds that the revision results in a
746 material change to a rule. A challenge must be made in writing
747 and delivered to the chair of the commission before the end of
748 the notice period. If a challenge is not made, the revision
749 takes effect without further action. If the revision is
750 challenged, the revision may not take effect without the
751 approval of the commission.
752
753 ARTICLE X
754 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
755
756 (1) OVERSIGHT.—
757 (a) The executive, legislative, and judicial branches of
758 state government in each member state shall enforce the compact
759 and take all actions necessary and appropriate to carry out the
760 compact’s purposes and intent. The provisions of the compact and
761 the rules adopted pursuant thereto have standing as statutory
762 law.
763 (b) All courts shall take judicial notice of the compact
764 and the rules in any judicial or administrative proceeding in a
765 member state pertaining to the subject matter of the compact
766 which may affect the powers, responsibilities, or actions of the
767 commission.
768 (c) The commission is entitled to receive service of
769 process in any such proceeding and has standing to intervene in
770 such a proceeding for all purposes. Failure to provide service
771 of process to the commission renders a judgment or an order void
772 as to the commission, the compact, or the adopted rules.
773 (2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
774 (a) If the commission determines that a member state has
775 defaulted in the performance of its obligations or
776 responsibilities under the compact or the adopted rules, the
777 commission must do all of the following:
778 1. Provide written notice to the defaulting state and other
779 member states of the nature of the default, the proposed means
780 of curing the default, and any other action to be taken by the
781 commission.
782 2. Provide remedial training and specific technical
783 assistance regarding the default.
784 (b) If a state in default fails to cure the default, the
785 defaulting state may be terminated from the compact upon an
786 affirmative vote of a majority of the member states, and all
787 rights, privileges, and benefits conferred by the compact may be
788 terminated on the effective date of termination. A cure of the
789 default does not relieve the offending state of obligations or
790 liabilities incurred during the period of default.
791 (c) Termination of membership in the compact may be imposed
792 only after all other means of securing compliance have been
793 exhausted. The commission shall give notice of intent to suspend
794 or terminate a defaulting member state to the governor and
795 majority and minority leaders of the defaulting state’s
796 legislature, and to each of the member states.
797 (d) A state that has been terminated from the compact is
798 responsible for all assessments, obligations, and liabilities
799 incurred through the effective date of termination, including
800 obligations that extend beyond the effective date of
801 termination.
802 (e) The commission will not bear any costs related to a
803 state that is found to be in default or that has been terminated
804 from the compact, unless agreed upon in writing between the
805 commission and the defaulting state.
806 (f) The defaulting state may appeal the action of the
807 commission by petitioning the U.S. District Court for the
808 District of Columbia or the federal district where the
809 commission has its principal offices. The prevailing member
810 shall be awarded all costs of such litigation, including
811 reasonable attorney fees.
812 (3) DISPUTE RESOLUTION.—
813 (a) Upon request by a member state, the commission must
814 attempt to resolve disputes related to the compact which arise
815 among member states and between member and nonmember states.
816 (b) The commission shall adopt a rule providing for both
817 mediation and binding dispute resolution for disputes as
818 appropriate.
819 (4) ENFORCEMENT.—
820 (a) The commission shall, in the reasonable exercise of its
821 discretion, enforce the compact and the commission’s rules.
822 (b) By majority vote, the commission may initiate legal
823 action in the United States District Court for the District of
824 Columbia or the federal district where the commission has its
825 principal offices against a member state in default to enforce
826 compliance with the provisions of the compact and its adopted
827 rules and bylaws. The relief sought may include both injunctive
828 relief and damages. In the event judicial enforcement is
829 necessary, the prevailing member must be awarded all costs of
830 such litigation, including reasonable attorney fees.
831 (c) The remedies under this article are not the exclusive
832 remedies of the commission. The commission may pursue any other
833 remedies available under federal or state law.
834
835 ARTICLE XI
836 DATE OF IMPLEMENTATION OF THE OCCUPATIONAL THERAPY COMPACT AND
837 ASSOCIATED RULES; WITHDRAWAL; AND AMENDMENTS
838
839 (1) The compact becomes effective on the date that the
840 compact statute is enacted into law in the tenth member state.
841 The provisions that become effective at that time are limited to
842 the powers granted to the commission relating to assembly and
843 the adoption of rules. Thereafter, the commission shall meet and
844 exercise rulemaking powers necessary for the implementation and
845 administration of the compact.
846 (2) Any state that joins the compact subsequent to the
847 commission’s initial adoption of the rules is subject to the
848 rules as they exist on the date that the compact becomes law in
849 that state. Any rule that has been previously adopted by the
850 commission has the full force and effect of law on the day the
851 compact becomes law in that state.
852 (3) Any member state may withdraw from the compact by
853 enacting a statute repealing the same.
854 (a) A member state’s withdrawal does not take effect until
855 6 months after enactment of the repealing statute.
856 (b) Withdrawal does not affect the continuing requirement
857 of the withdrawing state’s occupational therapy licensing board
858 to comply with the investigative and adverse action reporting
859 requirements of this act before the effective date of
860 withdrawal.
861 (4) The compact may not be construed to invalidate or
862 prevent any occupational therapy licensure agreement or other
863 cooperative arrangement between a member state and a nonmember
864 state which does not conflict with the provisions of the
865 compact.
866 (5) The compact may be amended by the member states. An
867 amendment to the compact does not become effective and binding
868 upon any member state until it is enacted into the laws of all
869 member states.
870
871 ARTICLE XII
872 CONSTRUCTION AND SEVERABILITY
873
874 The compact must be liberally construed so as to carry out
875 the purposes thereof. The provisions of the compact are
876 severable, and, if any phrase, clause, sentence, or provision of
877 the compact is declared to be contrary to the constitution of
878 any member state or of the United States or the applicability
879 thereof to any government, agency, person, or circumstance is
880 held invalid, the validity of the remainder of the compact and
881 the applicability thereof to any government, agency, person, or
882 circumstance is not affected thereby. If the compact is held
883 contrary to the constitution of any member state, the compact
884 remains in full force and effect as to the remaining member
885 states and in full force and effect as to the member state
886 affected as to all severable matters.
887
888 ARTICLE XIII
889 BINDING EFFECT OF COMPACT AND OTHER LAWS
890
891 (1) A licensee providing occupational therapy in a remote
892 state under the compact privilege shall function within the laws
893 and regulations of the remote state.
894 (2) Nothing herein prevents the enforcement of any other
895 law of a member state which is not inconsistent with the
896 compact.
897 (3) Any law in a member state in conflict with the compact
898 is superseded to the extent of the conflict.
899 (4) Any lawful action of the commission, including all
900 rules and bylaws adopted by the commission, is binding upon the
901 member states.
902 (5) All agreements between the commission and the member
903 states are binding in accordance with their terms.
904 (6) In the event any provision of the compact exceeds the
905 constitutional limits imposed on the legislature of any member
906 state, the provision is ineffective to the extent of the
907 conflict with the constitutional provision in question in that
908 member state.
909 Section 2. Paragraph (b) of subsection (10) of section
910 456.073, Florida Statutes, is amended to read:
911 456.073 Disciplinary proceedings.—Disciplinary proceedings
912 for each board shall be within the jurisdiction of the
913 department.
914 (10)
915 (b) The department shall report any significant
916 investigation information relating to a nurse holding a
917 multistate license to the coordinated licensure information
918 system pursuant to s. 464.0095; any investigative information
919 relating to an audiologist or a speech-language pathologist
920 holding a compact privilege under the Audiology and Speech
921 Language Pathology Interstate Compact to the data system
922 pursuant to s. 468.1335; any investigative information relating
923 to an occupational therapist or occupational therapy assistant
924 holding a compact privilege under the Occupational Therapy
925 Licensure Compact to the data system pursuant to s. 468.226; any
926 investigative information relating to a physical therapist or
927 physical therapist assistant holding a compact privilege under
928 the Physical Therapy Licensure Compact to the data system
929 pursuant to s. 486.112; any significant investigatory
930 information relating to a psychologist practicing under the
931 Psychology Interjurisdictional Compact to the coordinated
932 licensure information system pursuant to s. 490.0075; and any
933 significant investigatory information relating to a health care
934 practitioner practicing under the Professional Counselors
935 Licensure Compact to the data system pursuant to s. 491.017.
936 Section 3. Subsection (5) of section 456.076, Florida
937 Statutes, is amended to read:
938 456.076 Impaired practitioner programs.—
939 (5) A consultant shall enter into a participant contract
940 with an impaired practitioner and shall establish the terms of
941 monitoring and shall include the terms in a participant
942 contract. In establishing the terms of monitoring, the
943 consultant may consider the recommendations of one or more
944 approved evaluators, treatment programs, or treatment providers.
945 A consultant may modify the terms of monitoring if the
946 consultant concludes that, through the course of monitoring,
947 that extended, additional, or amended terms of monitoring are
948 required for the protection of the health, safety, and welfare
949 of the public. If the impaired practitioner is an audiologist or
950 a speech-language pathologist practicing under the Audiology and
951 Speech-Language Pathology Interstate Compact pursuant to s.
952 468.1335, an occupational therapist or occupational therapy
953 assistant practicing under the Occupational Therapy Licensure
954 Compact pursuant to s. 468.226, a physical therapist or physical
955 therapist assistant practicing under the Physical Therapy
956 Licensure Compact pursuant to s. 486.112, a psychologist
957 practicing under the Psychology Interjurisdictional Compact
958 pursuant to s. 490.0075, or a health care practitioner
959 practicing under the Professional Counselors Licensure Compact
960 pursuant to s. 491.017, the terms of the monitoring contract
961 must include the impaired practitioner’s withdrawal from all
962 practice under the compact unless authorized by a member state.
963 Section 4. Subsection (6) is added to section 468.205,
964 Florida Statutes, to read:
965 468.205 Board of Occupational Therapy Practice.—
966 (6) The board shall appoint an individual to serve as the
967 state’s delegate on the Occupational Therapy Compact Commission,
968 as required under s. 468.226.
969 Section 5. Section 468.207, Florida Statutes, is amended to
970 read:
971 468.207 License required.—A No person may not shall
972 practice occupational therapy or hold himself or herself out as
973 an occupational therapist or an occupational therapy assistant
974 or as being able to practice occupational therapy or to render
975 occupational therapy services in this the state unless he or she
976 is licensed in accordance with this part or holds a compact
977 privilege in this state under the Occupational Therapy Licensure
978 Compact as specified in s. 468.226 the provisions of this act.
979 Section 6. Subsection (6) is added to section 468.209,
980 Florida Statutes, to read:
981 468.209 Requirements for licensure.—
982 (6) A person licensed as an occupational therapist or an
983 occupational therapy assistant in another state who is
984 practicing in this state under the Occupational Therapy
985 Licensure Compact pursuant to s. 468.226, and only within the
986 scope provided therein, is exempt from the licensure
987 requirements of this section.
988 Section 7. Subsections (1) and (2) of section 468.1755,
989 Florida Statutes, are amended to read:
990 468.1755 Disciplinary proceedings.—
991 (1) The following acts constitute grounds for denial of a
992 license or disciplinary action, as specified in s. 456.072(2) or
993 s. 468.226:
994 (a) Violation of any provision of s. 456.072(1) or s.
995 468.1745(1).
996 (b) Attempting to procure a license to practice nursing
997 home administration by bribery, by fraudulent misrepresentation,
998 or through an error of the department or the board.
999 (c) Having a license to practice nursing home
1000 administration revoked, suspended, or otherwise acted against,
1001 including the denial of licensure, by the licensing authority of
1002 another state, territory, or country.
1003 (d) Being convicted or found guilty, regardless of
1004 adjudication, of a crime in any jurisdiction which relates to
1005 the practice of nursing home administration or the ability to
1006 practice nursing home administration. Any plea of nolo
1007 contendere shall be considered a conviction for purposes of this
1008 part.
1009 (e) Making or filing a report or record which the licensee
1010 knows to be false, intentionally failing to file a report or
1011 record required by state or federal law, willfully impeding or
1012 obstructing such filing, or inducing another person to impede or
1013 obstruct such filing. Such reports or records shall include only
1014 those which are signed in the capacity of a licensed nursing
1015 home administrator.
1016 (f) Authorizing the discharge or transfer of a resident for
1017 a reason other than those provided in ss. 400.022 and 400.0255.
1018 (g) Advertising goods or services in a manner which is
1019 fraudulent, false, deceptive, or misleading in form or content.
1020 (h) Fraud or deceit, negligence, incompetence, or
1021 misconduct in the practice of nursing home administration.
1022 (i) Violation of a lawful order of the board or department
1023 previously entered in a disciplinary hearing or failing to
1024 comply with a lawfully issued subpoena of the board or
1025 department.
1026 (j) Practicing with a revoked, suspended, inactive, or
1027 delinquent license.
1028 (k) Repeatedly acting in a manner inconsistent with the
1029 health, safety, or welfare of the patients of the facility in
1030 which he or she is the administrator.
1031 (l) Being unable to practice nursing home administration
1032 with reasonable skill and safety to patients by reason of
1033 illness, drunkenness, use of drugs, narcotics, chemicals, or any
1034 other material or substance or as a result of any mental or
1035 physical condition. In enforcing this paragraph, upon a finding
1036 of the State Surgeon General or his or her designee that
1037 probable cause exists to believe that the licensee is unable to
1038 serve as a nursing home administrator due to the reasons stated
1039 in this paragraph, the department shall have the authority to
1040 issue an order to compel the licensee to submit to a mental or
1041 physical examination by a physician designated by the
1042 department. If the licensee refuses to comply with such order,
1043 the department’s order directing such examination may be
1044 enforced by filing a petition for enforcement in the circuit
1045 court where the licensee resides or serves as a nursing home
1046 administrator. The licensee against whom the petition is filed
1047 may shall not be named or identified by initials in any public
1048 court records or documents, and the proceedings must shall be
1049 closed to the public. The department is shall be entitled to the
1050 summary procedure provided in s. 51.011. A licensee affected
1051 under this paragraph must shall have the opportunity, at
1052 reasonable intervals, to demonstrate that he or she can resume
1053 the competent practice of nursing home administration with
1054 reasonable skill and safety to patients.
1055 (m) Willfully or repeatedly violating any of the provisions
1056 of the law, code, or rules of the licensing or supervising
1057 authority or agency of the state or political subdivision
1058 thereof having jurisdiction of the operation and licensing of
1059 nursing homes.
1060 (n) Paying, giving, causing to be paid or given, or
1061 offering to pay or to give to any person a commission or other
1062 valuable consideration for the solicitation or procurement,
1063 either directly or indirectly, of nursing home usage.
1064 (o) Willfully permitting unauthorized disclosure of
1065 information relating to a patient or his or her records.
1066 (p) Discriminating with respect to patients, employees, or
1067 staff on account of race, religion, color, sex, or national
1068 origin.
1069 (q) Failing to implement an ongoing quality assurance
1070 program directed by an interdisciplinary team that meets at
1071 least every other month.
1072 (r) Violating any provision of this chapter or chapter 456,
1073 or any rules adopted pursuant thereto.
1074 (2)(a) The board may enter an order denying licensure or
1075 imposing any of the penalties in s. 456.072(2) against any
1076 applicant for licensure or licensee who is found guilty of
1077 violating any provision of subsection (1) of this section or who
1078 is found guilty of violating any provision of s. 456.072(1).
1079 (b) The board may take adverse action against an
1080 occupational therapist’s or an occupational therapy assistant’s
1081 compact privilege under the Occupational Therapy Licensure
1082 Compact pursuant to s. 468.226 and may impose any of the
1083 penalties in s. 456.072(2) if such occupational therapist or
1084 occupational therapy assistant commits an act specified in
1085 subsection (1) or s. 456.072(1).
1086 Section 8. Paragraph (m) is added to subsection (10) of
1087 section 768.28, Florida Statutes, to read:
1088 768.28 Waiver of sovereign immunity in tort actions;
1089 recovery limits; civil liability for damages caused during a
1090 riot; limitation on attorney fees; statute of limitations;
1091 exclusions; indemnification; risk management programs.—
1092 (10)
1093 (m) For purposes of this section, the individual appointed
1094 under s. 468.205(6) as the state’s delegate on the Occupational
1095 Therapy Compact Commission, when serving in that capacity
1096 pursuant to s. 468.226, and any administrator, officer,
1097 executive director, employee, or representative of the
1098 Occupational Therapy Compact Commission, when acting within the
1099 scope of his or her employment, duties, or responsibilities in
1100 this state, is considered an agent of the state. The commission
1101 shall pay any claims or judgments pursuant to this section and
1102 may maintain insurance coverage to pay any such claims or
1103 judgments.
1104 Section 9. This act shall take effect July 1, 2025.