Bill > S1010

Introduced Session

An act relating to the Occupational Therapy Licensure Compact; creating s. 468.226, F.S.; creating the Occupational Therapy Licensure Compact; providing a purpose and objectives of the compact; defining terms; specifying requirements for state participation in the compact; authorizing member states to obtain biometric-based information from and conduct criminal background checks on licensees applying for a compact privilege; requiring member states to grant the compact privilege to licensees if they meet specified criteria; specifying criteria licensees must meet to exercise the compact privilege under the compact; providing for the expiration of the compact privilege; requiring licensees practicing in a remote state under the compact privilege to comply with the laws and rules of that state; subjecting licensees to the regulatory authority of remote states where they practice under the compact privilege; providing for disciplinary action; specifying circumstances under which licensees are ineligible for a compact privilege; specifying conditions that a licensee must meet to regain his or her compact privilege after an adverse action; specifying locations active duty military personnel and their spouses may use to designate their home state for purposes of the compact; providing that only a home state may impose adverse action against a license issued by that state; authorizing home states to take adverse action based on investigative information of a remote state, subject to certain requirements; directing member states that use alternative programs in lieu of discipline to require the licensee to agree not to practice in other member states while participating in the program, unless authorized by the member state; authorizing member states to investigate violations by licensees in other member states; authorizing member states to take adverse action against compact privileges issued in their respective states; authorizing remote states to issue subpoenas for hearings and investigations; requiring the issuing remote state to pay related fees and expenses; authorizing remote states to recover costs under certain circumstances; providing for joint investigations of licensees under the compact; establishing the Occupational Therapy Compact Commission; providing for the venue and jurisdiction for court proceedings by or against the commission; providing construction; providing for commission membership, voting, and meetings; authorizing the commission to convene closed, nonpublic meetings under certain circumstances; specifying duties and powers of the commission; providing for membership and duties of the executive board of the commission; providing for financing of the commission; providing for qualified immunity, defense, and indemnification of the commission; requiring the commission to develop and maintain a coordinated database and reporting system for certain information about licensees under the compact; requiring member states to submit specified information to the system; requiring that information contained in the system be available only to member states; requiring the commission to notify all member states promptly of reported adverse action taken against licensees or applicants for licensure; authorizing member states to designate reported information as exempt from public disclosure; providing for the removal of submitted information from the system under certain circumstances; providing for commission rulemaking; specifying public notice and hearing requirements for rulemaking; providing for emergency rulemaking; providing for state enforcement of the compact; providing for the default and termination of compact membership; providing for appeals and costs; providing procedures for the resolution of certain disputes; providing for enforcement against a defaulting state; providing construction; providing for implementation and administration of the compact and associated rules; providing that compact states that join after initial adoption of the commission’s rules are subject to such rules; specifying procedures for compact states to withdraw from the compact; providing construction; providing for amendment of the compact; providing construction and severability; amending s. 456.073, F.S.; requiring the Department of Health to report certain investigative information to the data system under the Occupational Therapy Licensure Compact; amending s. 456.076, F.S.; requiring monitoring contracts for certain impaired practitioners participating in treatment programs to contain specified terms; amending s. 468.205, F.S.; requiring the Board of Occupational Therapy Practice to appoint an individual to serve as the state’s delegate on the Occupational Therapy Compact Commission; amending ss. 468.207 and 468.209, F.S.; exempting occupational therapists and occupational therapy assistants from licensure requirements if they are practicing in this state pursuant to a compact privilege under the compact; amending s. 468.1755, F.S.; authorizing the board to take adverse action against the compact privilege of occupational therapists and occupational therapy assistants for specified prohibited acts; amending s. 768.28, F.S.; designating the state delegate and other members or employees of the commission as state agents for the purpose of applying sovereign immunity and waivers of sovereign immunity; requiring the commission to pay certain claims or judgments; authorizing the commission to maintain insurance coverage to pay such claims or judgments; providing an effective date.

Alexis Calatayud (R)*, 

Indefinitely postponed and withdrawn from consideration (on 05/03/2025)

Official Document