§ 2001A. Interstate Occupational Therapy Licensure Compact. The State hereby enters into the Interstate Occupational Therapy Licensure Compact (“Compact”) as set forth in the chapter. The text of the Compact is as set forth in this chapter. 83 Del. Laws, c. 394, § 1;
§ 2002A. Purpose. The purpose of this Compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of […]
§ 2003A. Definitions. As used in this Compact, and except as otherwise provided, the following definitions shall apply: (1) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 [10 U.S.C. […]
§ 2004A. State participation in the Compact. (a) To participate in the Compact, a member state shall: (1) License occupational therapists and occupational therapy assistants. (2) Participate fully in the Commission’s data system, including but not limited to using the Commission’s unique identifier as defined in rules of the Commission. (3) Have a mechanism in […]
§ 2005A. Compact privilege. (a) 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 […]
§ 2006A. Obtaining a new home state license by virtue of compact privilege. (a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only 1 member state at a time. (b) If an occupational therapist or occupational therapy assistant changes primary state […]
§ 2007A. Active duty military personnel or their spouses. (a) 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 […]
§ 2008A. Adverse actions. (a) 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. (b) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process […]
§ 2009A. Establishment of the Occupational Therapy Compact Commission. (a) The compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission: (1) The Commission is an instrumentality of the compact states. (2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely […]
§ 2010A. Data system. (a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and Investigative Information on all licensed individuals in member states. (b) A member state shall submit a uniform data set to the data system on all individuals to whom […]
§ 2011A. Rulemaking. (a) 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. (b) The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve […]
§ 2012A. Oversight, dispute resolution, and enforcement. (a) Oversight. — (1) 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 […]
§ 2013A. Date of implementation of the interstate Commission for Occupational Therapy Practice and associated rules, withdrawal, and amendment. (a) 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 […]
§ 2014A. Construction and severability. 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 […]
§ 2015A. Binding effect of Compact and other laws. (a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact. […]
