reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-2. Rulemaking; Effect of Commission Exceeding Scope of Authority

Sec. 2. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-3. Limitation on Rulemaking

Sec. 3. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four (4) years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-4. Rules or Amendments to Rules; Requirements

Sec. 4. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-5. Notice Required Before Adoption of Final Rule

Sec. 5. Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) on the website of the commission or other publicly accessible platform; and
(2) on the website of each member state professional counseling licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-6. Requirements for Notice of Proposed Rulemaking

Sec. 6. The notice of proposed rulemaking shall include the following:
(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.
(2) The text of the proposed rule or amendment and the reason for the proposed rule.
(3) A request for comments on the proposed rule from any interested person.
(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-7. Opportunity to Comment

Sec. 7. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-8. Public Hearing; Requirements

Sec. 8. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) at least twenty-five (25) persons;
(2) a state or federal governmental subdivision or agency; or
(3) an association having at least twenty-five (25) members.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-9. Public Hearing; Procedural Requirements

Sec. 9. (a) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
(b) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
(c) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(d) All hearings will be recorded. A copy of the recording will be made available on request.
(e) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-10. Commission's Duty to Consider All Comments Following Hearing

Sec. 10. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-11. No Public Hearing Required

Sec. 11. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-12. Rulemaking; Final Action

Sec. 12. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-13. Emergency Rulemaking

Sec. 13. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this section, an emergency rule is a rule that must be adopted immediately in order to:
(1) meet an imminent threat to public health, safety, or welfare;
(2) prevent a loss of commission or member state funds;
(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) protect public health and safety.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-14. Rulemaking; Correcting Errors; Notice; Challenging Revisions; Effect of Challenge to Revision

Sec. 14. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-42.5-12-1. Enforcing Compact; Judicial Notice of Compact and Commission Rules; Service of Process and Standing to Intervene; Effect of Failure to Serve Commission on Judgment or Order

Sec. 1. (a) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(b) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact, which may affect the powers, responsibilities, or actions of the commission.
(c) The commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-42.5-12-2. Member State's Breach of Compact

Sec. 2. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(1) provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and any other action to be taken by the commission; and
(2) provide remedial training and specific technical assistance regarding the default.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-42.5-12-3. Member State's Failure to Cure Breach

Sec. 3. If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-42.5-12-4. Termination of Membership in the Compact

Sec. 4. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-42.5-12-5. Effect of Termination of Membership on State

Sec. 5. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-42.5-12-6. Costs Related to a State's Breach Under the Compact

Sec. 6. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-42.5-12-7. Defaulting State's Right to Appeal the Commission's Action

Sec. 7. The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-42.5-12-8. Disputes Between States; Commission's Duty to Enact Rule Providing for Mediation and Binding Dispute Resolution

Sec. 8. (a) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
(b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-42.5-12-9. Commission's Duty to Enforce the Compact; Authority to Initiate Legal Action and Seek Relief; Remedies Nonexclusive

Sec. 9. (a) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(b) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(c) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 13. Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment › 25-42.5-13-1. Compact Effective Date

Sec. 1. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 13. Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment › 25-42.5-13-2. Effect of Joining Compact After Commission's Initial Adoption of Rules

Sec. 2. Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 13. Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment › 25-42.5-13-3. Withdrawing From Compact

Sec. 3. (a) Any member state may withdraw from this compact by enacting a statute repealing the same.
(b) A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
(c) Withdrawal shall not affect the continuing requirement of the withdrawing state's professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 13. Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment › 25-42.5-13-4. Effect of Compact on Other Cooperative Agreements

Sec. 4. Nothing contained in this compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 13. Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment › 25-42.5-13-5. Amending Compact

Sec. 5. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 14. Construction and Severability › 25-42.5-14-1. Compact Construction; Severability

Sec. 1. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 15. Binding Effect of Compact and Other Laws › 25-42.5-15-1. Licensee's Duty to Comply With Remote State's Law

Sec. 1. A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 15. Binding Effect of Compact and Other Laws › 25-42.5-15-2. Consistent Member State's Laws

Sec. 2. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 15. Binding Effect of Compact and Other Laws › 25-42.5-15-3. Inconsistent Member State's Law

Sec. 3. Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 15. Binding Effect of Compact and Other Laws › 25-42.5-15-4. Commission's Lawful Action Binding on Member States

Sec. 4. Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon the member states.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 15. Binding Effect of Compact and Other Laws › 25-42.5-15-5. Agreements Between Commission and Member States

Sec. 5. All permissible agreements between the commission and the member states are binding in accordance with their terms.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 15. Binding Effect of Compact and Other Laws › 25-42.5-15-6. Severability

Sec. 6. In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 1. Purpose › 25-43-1-1. Purpose and Objectives

Sec. 1. (a) 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.
(b) This compact is designed to achieve the following objectives:
(1) Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states' ability to protect the public's health and safety.
(3) Encourage the cooperation of member states in regulating multi-state occupational therapy practice.
(4) Support spouses of relocating military members.
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.
(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
(7) Facilitate the use of telehealth technology to increase access to occupational therapy services.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 3. State Participation in the Compact › 25-43-3-1. State Participation Requirements

Sec. 1. (a) To participate in the compact, a member state shall do the following:
(1) License occupational therapists and occupational therapy assistants.
(2) Participate fully in the commission's data system, including 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 must 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.
(6) 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. 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.
(7) Comply with the rules of the commission.
(8) Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission.
(9) 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 issuance of a single state license.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 4. Compact Privilege › 25-43-4-1. Eligibility Requirements

Sec. 1. To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
(1) hold a license in the home state;
(2) have a valid United States Social Security number or National Practitioner Identification number;
(3) have no encumbrance on any state license;
(4) be eligible for a compact privilege in any member state in accordance with sections 4, 6, 7, and 8 of this chapter;
(5) have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and two (2) years have elapsed from the date of such completion;
(6) notify the commission that the licensee is seeking the compact privilege within a remote state or states;
(7) pay any applicable fees, including any state fee, for the compact privilege;
(8) complete a criminal background check in accordance with IC 25-43-3-1(a)(5) and IC 25-43-3-1(a)(6), and is responsible for the payment of any fee associated with the completion of a criminal background check;
(9) meet any jurisprudence requirements established by the remote state or states in which the licensee is seeking a compact privilege; and
(10) report to the commission adverse action taken by any nonmember state within thirty (30) days from the date the adverse action is taken.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 4. Compact Privilege › 25-43-4-2. Expiration

Sec. 2. The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of section 1 of this chapter to maintain the compact privilege in the remote state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 4. Compact Privilege › 25-43-4-3. Compliance With Remote State Law

Sec. 3. A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 4. Compact Privilege › 25-43-4-4. Supervision of Occupational Therapy Assistants

Sec. 4. Occupational therapy assistants practicing in a remote state shall be supervised by an occupational therapist licensed or holding a compact privilege in that remote state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 4. Compact Privilege › 25-43-4-5. Removal of Compact Privilege by Remote State

Sec. 5. A licensee providing occupational therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 4. Compact Privilege › 25-43-4-6. Effect of Encumbrance on Home State License

Sec. 6. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(1) The home state license is no longer encumbered.
(2) Two (2) years have elapsed from the date on which the home state license is no longer encumbered in accordance with subdivision (1).
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 4. Compact Privilege › 25-43-4-7. Restoration of Home State License; Requirements for Compact Privilege in Remote State

Sec. 7. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of section 1 of this chapter to obtain a compact privilege in any remote state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 4. Compact Privilege › 25-43-4-8. Effect of Loss of Compact Privilege in Remote State

Sec. 8. If a licensee's compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until the following occur:
(1) The specific period of time for which the compact privilege was removed has ended.
(2) All fines have been paid and all conditions have been met.
(3) Two (2) years have elapsed from the date of completing requirements for subdivisions (1) and (2).
(4) The compact privileges are reinstated by the commission, and the compact data system is updated to reflect reinstatement.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 4. Compact Privilege › 25-43-4-9. Restoration of Compact Privilege in Remote State

Sec. 9. If a licensee's compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 4. Compact Privilege › 25-43-4-10. Requirements for Compact Privilege in Remote State

Sec. 10. Once the requirements of section 8 of this chapter have been met, the licensee must meet the requirements in section 1 of this chapter to obtain a compact privilege in a remote state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 5. Obtaining a New Home State License by Virtue of Compact Privilege › 25-43-5-1. Home State License; Limitations

Sec. 1. An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one (1) member state at a time.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 5. Obtaining a New Home State License by Virtue of Compact Privilege › 25-43-5-2. Relocation to Member State

Sec. 2. If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two (2) member states:
(1) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in IC 25-43-4 via the data system, without need for primary source verification except for:
(A) a Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544;
(B) other criminal background check as required by the new home state; and
(C) submission of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission.
(4) Notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in IC 25-43-4, the new home state shall apply its requirements for issuing a new single state license.
(5) The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 5. Obtaining a New Home State License by Virtue of Compact Privilege › 25-43-5-3. Relocation to Nonmember State; Relocation From Nonmember State to Member State

Sec. 3. If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single state license in the new state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 5. Obtaining a New Home State License by Virtue of Compact Privilege › 25-43-5-4. Single State License

Sec. 4. Nothing in this compact shall interfere with a licensee's ability to hold a single state license in multiple states; however, for the purposes of this compact, a licensee shall have only one (1) home state license.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 5. Obtaining a New Home State License by Virtue of Compact Privilege › 25-43-5-5. Established Requirements for Single State License

Sec. 5. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 6. Active Duty Military Personnel or Their Spouses › 25-43-6-1. Home State Designation

Sec. 1. Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state or through the process described in IC 25-43-5.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 7. Adverse Actions › 25-43-7-1. Home State Adverse Action

Sec. 1. A home state shall have exclusive power to impose adverse action against an occupational therapist's or occupational therapy assistant's license issued by the home state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 7. Adverse Actions › 25-43-7-2. Remote State Authority

Sec. 2. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do the following:
(1) Take adverse action against an occupational therapist's or occupational therapy assistant's compact privilege within that member state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 7. Adverse Actions › 25-43-7-3. Reported Conduct

Sec. 3. For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 7. Adverse Actions › 25-43-7-4. Investigations by Home State

Sec. 4. The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, shall also have the authority to take appropriate action or actions and shall promptly report the conclusions of the investigations to the occupational therapy compact commission data system. The occupational therapy compact commission data system administrator shall promptly notify the new home state of any adverse actions.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 7. Adverse Actions › 25-43-7-5. Recovery of Costs

Sec. 5. A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 7. Adverse Actions › 25-43-7-6. Member State Adverse Action

Sec. 6. A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 7. Adverse Actions › 25-43-7-7. Member State Participation in Investigations

Sec. 7. (a) In addition to the authority granted to a member state by its respective state occupational therapy laws and regulations or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(b) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 7. Adverse Actions › 25-43-7-8. Effect of Adverse Action; Disciplinary Orders

Sec. 8. If an adverse action is taken by the home state against an occupational therapist's or occupational therapy assistant's license, the occupational therapist's or occupational therapy assistant's compact privilege in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist's or occupational therapy assistant's license shall include a statement that the occupational therapist's or occupational therapy assistant's compact privilege is deactivated in all member states during the pendency of the order.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 7. Adverse Actions › 25-43-7-9. Notification

Sec. 9. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 7. Adverse Actions › 25-43-7-10. Participation in Alternative Program

Sec. 10. Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 8. Establishment of the Occupational Therapy Compact Commission › 25-43-8-1. Commission Established

Sec. 1. (a) The compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission.
(b) The commission is an instrumentality of the compact states.
(c) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(d) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 8. Establishment of the Occupational Therapy Compact Commission › 25-43-8-2. Delegates; Vacancies; Voting; Meetings; Terms

Sec. 2. (a) Each member state shall have and be limited to one (1) delegate selected by that member state's licensing board.
(b) The delegate shall be either:
(1) a current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; or
(2) an administrator of the licensing board.
(c) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
(d) The member state board shall fill any vacancy occurring in the commission within ninety (90) days.
(e) Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
(f) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(g) The commission shall establish by rule a term of office for delegates.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 8. Establishment of the Occupational Therapy Compact Commission › 25-43-8-3. Powers and Duties

Sec. 3. The commission shall have the following powers and duties:
(1) Establish a code of ethics for the commission.
(2) Establish the fiscal year of the commission.
(3) Establish bylaws.
(4) Maintain its financial records in accordance with the bylaws.
(5) Meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(6) Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states.
(7) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.
(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest.
(12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety.
(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(14) Establish a budget and make expenditures.
(15) Borrow money.
(16) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.
(17) Provide and receive information from, and cooperate with, law enforcement agencies.
(18) Establish and elect an executive committee.
(19) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of occupational therapy licensure and practice.
As added by P.L.21-2023, SEC.1.