HB 13 — OCCUPATIONAL THERAPY LICENSURE COMPACT

Occupational therapy assistants practicing in a = = 19 a l remote state shall be supervised by an occupational therapist a l i a e r 20 licensed or holding a compact privilege in that remote state.

c e s k 23 A remote state may, in accordance with due process and that e a n b 24 state's laws, remove a licensee's compact privilege in the u [ remote state for a specific period of time, impose fines or .232736.1.233412.1 - 109 - HJC/HB 13 take any other necessary actions to protect the health and safety of its citizens.

= = 19 a l (1) the specific period of time for which the a l i a e r 20 compact privilege was removed has ended;

and .232736.1.233412.1 - 1110 - HJC/HB 13 (4) the compact privileges are reinstated by the commission, and the compact data system is updated to reflect reinstatement.

SECTION 6.5.

= = 19 a l (1) the occupational therapist or occupational a l i a e r 20 therapy assistant shall file an application for obtaining a new a t m m 21 home state license by virtue of a compact privilege, pay all d r e 22 applicable fees and notify the current and new home state in c e s k 23 accordance with applicable rules adopted by the commission;

e a n b 24 (2) upon receipt of an application for u [ obtaining a new home state license by virtue of compact .232736.1.233412.1 - 1211 - HJC/HB 13 privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in Section 54 of the Occupational Therapy Licensure Compact via the data system, without need for primary source verification except for:

w l n d 18 (4) notwithstanding any other provision of the = = 19 a l compact, if the occupational therapist or occupational therapy a l i a e r 20 assistant cannot meet the requirements in Section 54 of the a t m m 21 Occupational Therapy Licensure Compact, the new home state d r e 22 shall apply its requirements for issuing a new single-state c e s k 23 license;

and e a n b 24 (5) the occupational therapist or the u [ occupational therapy assistant shall pay all applicable fees to .232736.1.233412.1 - 1312 - HJC/HB 13 the new home state in order to be issued a new home state license.

SECTION 7.6.

The individual may retain = = 19 a l the home state designation during the period the service member a l i a e r 20 is on active duty.

Subsequent to designating a home state, the a t m m 21 individual shall only change the individual's home state d r e 22 through application for licensure in the new state or through c e s k 23 the process described in Section 65 of the Occupational Therapy e a n b 24 Licensure Compact.

u [ SECTION 8.7.

[NEW MATERIAL] ADVERSE ACTIONS.-- .232736.1.233412.1 - 1413 - HJC/HB 13 A.

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 e t 17 latter state by any court of competent jurisdiction according w l n d 18 to the practice and procedure of that court applicable to = = 19 a l subpoenas issued in proceedings pending before it.

The issuing a l i a e r 20 authority shall pay any witness fees, travel expenses, mileage a t m m 21 and other fees required by the service statutes of the state in d r e 22 which the witnesses or evidence are located.

For purposes of taking adverse action, the home e a n b 24 state shall give the same priority and effect to reported u [ conduct received from a member state as it would if the conduct .232736.1.233412.1 - 1514 - HJC/HB 13 had occurred within the home state.

A member state may take adverse action based on = = 19 a l the factual findings of the remote state;

provided that the a l i a e r 20 member state follows its own procedures for taking the adverse a t m m 21 action.

In addition to the authority granted to a member c e s k 23 state by its respective state occupational therapy laws and e a n b 24 regulations or other applicable state law, any member state may u [ participate with other member states in joint investigations of .232736.1.233412.1 - 1615 - HJC/HB 13 licensees.

The w l n d 18 administrator of the data system shall promptly notify the home = = 19 a l state of any adverse actions by remote states.

a l i a e r 20 J.

c e s k 23 SECTION 9.8.

The compact member states hereby create and .232736.1.233412.1 - 1716 - HJC/HB 13 establish a joint public agency known as the "occupational therapy compact commission", subject to the following provisions:

e t 17 (1) each member state shall have and be w l n d 18 limited to one delegate selected by that member state's = = 19 a l licensing board.

a l i a e r 20 (a) a current member of the licensing a t m m 21 board who is an occupational therapist, occupational therapy d r e 22 assistant or public member;

u [ (2) any delegate may be removed or suspended .232736.1.233412.1 - 1817 - HJC/HB 13 from office as provided by the law of the state from which the delegate is appointed;

= = 19 a l C.

a l i a e r 20 (1) establish a code of ethics for the a t m m 21 commission;

u [ (4) maintain its financial records in .232736.1.233412.1 - 1918 - HJC/HB 13 accordance with the bylaws;

(10) hire employees, elect or appoint officers, fix compensation, define duties, grant such e t 17 individuals appropriate authority to carry out the purposes of w l n d 18 the compact and establish the commission's personnel policies = = 19 a l and programs relating to conflicts of interest, qualifications a l i a e r 20 of personnel and other related personnel matters;

.232736.1.233412.1 - 2019 - HJC/HB 13 (12) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, whether real, personal or mixed;

and = = 19 a l (19) perform such other functions as may be a l i a e r 20 necessary or appropriate to achieve the purposes of the compact a t m m 21 consistent with the state regulation of occupational therapy d r e 22 licensure and practice.

.232736.1.233412.1 - 2120 - HJC/HB 13 (1) seven voting members who are elected by the commission from the current membership of the commission;

e t 17 (1) recommend to the entire commission changes w l n d 18 to the rules or bylaws, changes to the compact legislation, = = 19 a l fees paid by compact member states such as annual dues and any a l i a e r 20 commission compact fee charged to licensees for the compact a t m m 21 privilege;

u [ (4) maintain financial records on behalf of .232736.1.233412.1 - 2221 - HJC/HB 13 the commission;

All meetings of the commission shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 1211 of the Occupational Therapy Licensure Compact.

w l n d 18 (2) the employment, compensation, discipline = = 19 a l or other matters, practices or procedures related to specific a l i a e r 20 employees or other matters related to the commission's internal a t m m 21 personnel practices and procedures;

.232736.1.233412.1 - 2322 - HJC/HB 13 (5) accusations made of any person of a crime or formal censuring of any person;

If a meeting, or portion of a meeting, is closed w l n d 18 pursuant to Subsection J of this section, the commission's = = 19 a l legal counsel or designee shall certify that the meeting may be a l i a e r 20 closed and shall reference each relevant exempting provision.

All documents considered in connection with an .232736.1.233412.1 - 2423 - HJC/HB 13 action shall be identified in the minutes.

= = 19 a l N.

The commission shall not incur obligations of a l i a e r 20 any kind prior to securing the funds adequate to meet the a t m m 21 obligations;

The receipts and disbursements .232736.1.233412.1 - 2524 - HJC/HB 13 of the commission shall be subject to the audit and accounting procedures established under its bylaws.

SECTION 10.9.

provided w l n d 18 that nothing in this subsection shall be construed to protect = = 19 a l any such person from suit or liability for any damage, loss, a l i a e r 20 injury or liability caused by the intentional or willful or a t m m 21 wanton misconduct of that person.

The liability of the d r e 22 B.commission within any member state may not exceed the limits of c e s k 23 liability set forth under the constitution and laws of that e a n b 24 state for state officials, employees and agents.

The commissionu shall[ defend any member, officer, c e s k 23 executive director, employee or representative of the e a n b 24 commission inis anyconsidered civil action seeking to imposebe liabilityan uinstrumentality [ arising out of anythe actualstates or.233412.1 alleged act, error or omission .232736.1 - 2625 - thatHJC/HB occurred13 within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scopepurpose of commissionany employment,such dutiesaction. or responsibilities;

B.

The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities;

The commission shall indemnify and hold harmless any member, officer, executive director, employee or e t 17 representative of the commission for the amount of any w l n d 18 settlement or judgment obtained against that person arising out = = 19 of any actual or alleged act, error or omission that occurred a l i a e r 20 within the scope of commission employment, duties or a t m m 21 responsibilities, or that such person had a reasonable basis ed tr 17e 22 for believing occurred within the scope of commission wc le ns dk 1823 employment, duties or responsibilities;

provided that the =e =a 19n ab l24 actual or alleged act, error or omission did not result from iu a[ e r 20 the intentional or willful or wanton misconduct of that person.

a.233412.1 t- m26 m- 21HJC/HB 13 SECTION 11.10.

[NEW MATERIAL] DATA SYSTEM.-- d r e 22 A.

The commission shall provide for the c e s k 23 development, maintenance and utilization of a coordinated e a n b 24 database and reporting system containing licensure, adverse u [ action and investigative information on all licensed .232736.1 - 27 - individuals in member states.

e t 17 (5) any denial of application for licensure, w l n d 18 and the reason for such denial;

= = 19 (6) other information that may facilitate the a l i a e r 20 administration of the compact, as determined by the rules of a t m m 21 the commission;

and ed tr 17e 22 (7) current significant investigative wc le ns dk 1823 information.

=e =a 19n ab l24 C.

Current significant investigative information iu a[ e r 20 and other investigative information pertaining to a licensee in a.233412.1 t- m27 m- 21HJC/HB 13 any member state shall only be available to other member d r e 22 states.

c e s k 23 D.

The commission shall promptly notify all member e a n b 24 states of any adverse action taken against a licensee or an u [ individual applying for a license.

Adverse action information .232736.1 - 28 - pertaining to a licensee in any member state will be available to any other member state.

SECTIONG. 12.

[NEWAll MATERIAL]information RULEMAKING.--provided A.to the commission or e t 17 distributed by member boards shall be confidential, filed under w l n d 18 seal and used only for investigatory or disciplinary matters;

The= commission= shall19 exerciseprovided itsthat rulemakinginformation powerssubmitted pursuant to the criteriaboard setof forthexaminers ina thisl sectioni anda e r 20 for occupational therapy is subject to the rulesconfidentiality adoptedand thereunder.a t m m 21 transparency requirements imposed by New Mexico law or court d r e 22 order.

c e s k 23 SECTION 11.

[NEW MATERIAL] RULEMAKING.-- e a n b 24 A.

The commission shall exercise its rulemaking u [ powers pursuant to the criteria set forth in this section and .233412.1 - 28 - HJC/HB 13 the rules adopted thereunder.

e t 17 B.

The commission shall promulgate reasonable rules w l n d 18 in order to effectively and efficiently achieve the purposes of = = 19 a l the compact.

In the event the commission exercises its i a e r 20 rulemaking authority in a manner that is beyond the scope of a t m m 21 the purposes of the compact, such an action by the commission d r e 22 shall be invalid and have no force and effect.

c e s k 23 C.

If a majority of the legislatures of the member e a n b 24 states rejects a rule, by enactment of a statute or resolution u [ in the same manner used to adopt the compact within four years .232736.1 - 29 - of the date of adoption of the rule, the rule shall have no further force and effect in any member state.

e t 17 E.

Prior to promulgation and adoption of a final w l n d 18 rule by the commission, and at least thirty days in advance of = = 19 the meeting at which the rule will be considered and voted a l i a e r 20 upon, the commission shall file a notice of proposed a t m m 21 rulemaking:

d r e 22 (1) on the website of the commission or other c e s k 23 publicly accessible platform;

and e a n b 24 (2) on the website of each member state u [ occupational therapy licensing board or other publicly .233412.1 - 29 - HJC/HB 13 accessible platform or the publication in which each state would otherwise publish proposed rules.

e t 17 (1) the proposed time, date and location of w l n d 18 the meeting in which the rule will be considered and voted = = 19 a l upon;

i a e r 20 (2) the text of the proposed rule or amendment a t m m 21 and the reason for the proposed rule;

d r e 22 (3) a request for comments on the proposed c e s k 23 rule from any interested person;

and e a n b 24 (4) the manner in which interested persons may u [ submit notice to the commission of their intention to attend .232736.1 - 30 - the public hearing and any written comments.

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 e t 17 public.

w l n d 18 H.

The commission shall grant an opportunity for a = = 19 public hearing before it adopts a rule or amendment if a a l i a e r 20 hearing is requested by:

a t m m 21 (1) at least twenty-five persons;

d r e 22 (2) a state or federal governmental c e s k 23 subdivision or agency;

or e a n b 24 (3) an association or organization having at u [ least twenty-five members.

.233412.1 - 30 - HJC/HB 13 I.

If the hearing is held e t 17 via electronic means, the commission shall publish the w l n d 18 mechanism for access to the electronic hearing and the = = 19 a l procedure for hearings shall be conducted according to the i a e r 20 following provisions:

a t m m 21 (1) all persons wishing to be heard at the d r e 22 hearing shall notify the executive director of the commission c e s k 23 or other designated member in writing of their desire to appear e a n b 24 and testify at the hearing not less than five business days u [ before the scheduled date of the hearing;

.232736.1 - 31 - (2) 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;

A copy of e t 17 the recording will be made available on request;

and w l n d 18 (4) nothing in this section shall be construed = = 19 as requiring a separate hearing on each rule.

Rules may be a l i a e r 20 grouped for the convenience of the commission at hearings a t m m 21 required by this section.

d r e 22 J.

Following the scheduled hearing date, or by the c e s k 23 close of business on the scheduled hearing date if the hearing e a n b 24 was not held, the commission shall consider all written and u [ oral comments received.

.233412.1 - 31 - HJC/HB 13 K.

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 e t 17 without a public hearing.

w l n d 18 L.

The commission shall, by majority vote of all = = 19 a l members, take final action on the proposed rule and shall i a e r 20 determine the effective date of the rule, if any, based on the a t m m 21 rulemaking record and the full text of the rule.

d r e 22 M.

Upon determination that an emergency exists, the c e s k 23 commission may consider and adopt an emergency rule without e a n b 24 prior notice, opportunity for comment or hearing;

provided that u [ the usual rulemaking procedures provided in the compact and in .232736.1 - 32 - this section shall be retroactively applied to the rule as soon as reasonably possible, but in no event later than ninety days after the effective date of the rule.

For the purposes of this provision, an emergency rule is one that must be adopted e t 17 immediately in order to:

w l n d 18 (1) meet an imminent threat to public health, = = 19 safety or welfare;

a l i a e r 20 (2) prevent a loss of commission or member a t m m 21 state funds;

d r e 22 (3) meet a deadline for the promulgation of an c e s k 23 administrative rule that is established by federal law or rule;

e a n b 24 or u [ (4) protect public health and safety.

.233412.1 - 32 - HJC/HB 13 N.

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, e t 17 errors in format, errors in consistency or grammatical errors.

w l n d 18 Public notice of any revisions shall be posted on the website = = 19 a l of the commission.

The revision shall be subject to challenge i a e r 20 by any person for a period of thirty days after posting.

The a t m m 21 revision may be challenged only on grounds that the revision d r e 22 results in a material change to a rule.

A challenge shall be c e s k 23 made in writing and delivered to the chair of the commission e a n b 24 prior to the end of the notice period.

If no challenge is u [ made, the revision shall take effect without further action.

.232736.1 - 33 - If the revision is challenged, the revision may not take effect without the approval of the commission.

SECTION 13.12.

[NEW MATERIAL] OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT.-- e t 17 A.

The executive, legislative and judicial branches w l n d 18 of state government in each member state shall enforce the = = 19 compact and take all actions necessary and appropriate to a l i a e r 20 effectuate the compact's purposes and intent.

The provisions a t m m 21 of the compact and the rules promulgated hereunder shall have d r e 22 standing as statutory law.

c e s k 23 B.

All courts shall take judicial notice of the e a n b 24 compact and the rules in any judicial or administrative u [ proceeding in a member state pertaining to the subject matter .233412.1 - 33 - HJC/HB 13 of the compact which may affect the powers, responsibilities or actions of the commission.

The commission shall be entitled to receive service of process in any judicial or administrative e t 17 proceeding and shall have standing to intervene in such a w l n d 18 proceeding for all purposes.

Failure to provide service of = = 19 a l process to the commission shall render a judgment or order void i a e r 20 as to the commission, the compact or promulgated rules.

a t m m 21 C.

If the commission determines that a member state d r e 22 has defaulted in the performance of its obligations or c e s k 23 responsibilities under the compact or the promulgated rules, e a n b 24 the commission shall:

u [ (1) provide written notice to the defaulting .232736.1 - 34 - state and other member states of the nature of the default, the proposed means of curing the default or any other action to be taken by the commission;

and (2) provide remedial training and specific e t 17 technical assistance regarding the default.

w l n d 18 D.

If a state in default fails to cure the default, = = 19 the defaulting state may be terminated from the compact upon an a l i a e r 20 affirmative vote of a majority of the member states, and all a t m m 21 rights, privileges and benefits conferred by the compact may be d r e 22 terminated on the effective date of termination.

A cure of the c e s k 23 default does not relieve the offending state of obligations or e a n b 24 liabilities incurred during the period of default.

u [ E.

Termination of membership in the compact shall .233412.1 - 34 - HJC/HB 13 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 e t 17 and minority leaders of the defaulting state's legislature and w l n d 18 each of the member states.

= = 19 a l F.

A state that has been terminated is responsible i a e r 20 for all assessments, obligations and liabilities incurred a t m m 21 through the effective date of termination, including d r e 22 obligations that extend beyond the effective date of c e s k 23 termination.

e a n b 24 G.

The commission shall not bear any costs related u [ to a state that is found to be in default or that has been .232736.1 - 35 - terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

The defaulting state may appeal the action of the commission by petitioning the United States district court e t 17 for the District of ColumbiaColumbia, a federal court of New Mexico or w l n d 18 the federal district where the commission has its principal = = 19 offices.

The prevailing member shall be awarded all costs of a l i a e r 20 such litigation, including reasonable attorney fees.

a t m m 21 I.

Upon request by a member state, the commission d r e 22 shall attempt to resolve disputes related to the compact that c e s k 23 arise among member states and between member and nonmember e a n b 24 states.

u [ J.

The commission shall promulgate a rule providing .233412.1 - 35 - HJC/HB 13 for both mediation and binding dispute resolution for disputes as appropriate.

The commission, in the reasonable exercise of e t 17 its discretion, shall enforce the provisions and rules of the w l n d 18 compact.

= = 19 a l L.

By majority vote, the commission may initiate i a e r 20 legal action in the United States district court for the aDistrict tof mColumbia, ma 21federal Districtcourt of ColumbiaNew Mexico or the federal district where the d r e 22 commission has its principal offices against a member state in c e s k 23 default to enforce compliance with the provisions of the e a n b 24 compact and its promulgated rules and bylaws.

The relief u [ sought may include both injunctive relief and damages.

In the .232736.1 - 36 - event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.

The remedies provided in the compact shall not e t 17 be the exclusive remedies of the commission.

The commission w l n d 18 may pursue any other remedies available under federal or state = = 19 law.

a l i a e r 20 SECTION 14.13.

[NEW MATERIAL] DATE OF IMPLEMENTATION OF THE a t m m 21 OCCUPATIONAL THERAPY LICENSURE COMPACT AND ASSOCIATED RULES, d r e 22 WITHDRAWAL AND AMENDMENT.-- c e s k 23 A.

The compact shall come into effect on the date e a n b 24 on which the compact statute is enacted into law in the tenth u [ member state.

The provisions, which become effective at that .233412.1 - 36 - HJC/HB 13 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 e t 17 powers necessary to the implementation and administration of w l n d 18 the compact.

= = 19 a l B.

Any state that joins the compact subsequent to i a e r 20 the commission's initial adoption of the rules shall be subject a t m m 21 to the rules as they exist on the date on which the compact d r e 22 becomes law in that state.

Any rule that has been previously c e s k 23 adopted by the commission shall have the full force and effect e a n b 24 of law on the day the compact becomes law in that state.

u [ C.

Any member state may withdraw from the compact .232736.1 - 37 - by enacting a statute repealing the same.

e t 17 E.

Withdrawal shall not affect the continuing w l n d 18 requirement of the withdrawing state's occupational therapy = = 19 licensing board to comply with the investigative and adverse a l i a e r 20 action reporting requirements of the compact prior to the a t m m 21 effective date of withdrawal.

d r e 22 F.

Nothing contained in the compact shall be c e s k 23 construed to invalidate or prevent any occupational therapy e a n b 24 licensure agreement or other cooperative arrangement between a u [ member state and a nonmember state that does not conflict with .233412.1 - 37 - HJC/HB 13 the provisions of the compact.

No amendment to the compact shall become effective and binding e t 17 upon any member state until it is enacted into the laws of all w l n d 18 member states.

= = 19 a l SECTION 15.14.

[NEW MATERIAL] CONSTRUCTION AND i a e r 20 SEVERABILITY.--The compact shall be liberally construed so as a t m m 21 to effectuate the purposes of the compact.

The provisions of d r e 22 the compact shall be severable and if any phrase, clause, c e s k 23 sentence or provision of the compact is declared to be contrary e a n b 24 to the constitution of any member state or of the United States u [ or the applicability thereof to any government, agency, person .232736.1 - 38 - or circumstance is held invalid, the validity of the remainder of the compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.

If the compact shall be held contrary to the constitution of e t 17 any member state, the compact shall remain in full force and w l n d 18 effect as to the remaining member states and in full force and = = 19 effect as to the member state affected as to all severable a l i a e r 20 matters.

a t m m 21 SECTION 15.

[NEW MATERIAL] PRESERVATION OF STATE d r e 22 AUTHORITY.-- c e s k 23 A.

This compact creates a new pathway for e a n b 24 occupational therapy licensure in this state but does not u [ otherwise change or limit the effect of the Occupational .233412.1 - 38 - HJC/HB 13 Therapy Act.

B.

This compact adopts the prevailing standard for licensure and affirms that the practice of occupational therapy occurs where the patient is located at the time of an occupational therapy patient encounter and, therefore, requires the occupational therapist to be under the jurisdiction of the state occupational therapy board where the patient is located.

C.

A state occupational therapy board that participates in this compact retains the authority to impose an adverse action against a license to practice occupational therapy in that state, including licenses issued to occupational therapists through procedures provided by this compact.

A licensee providing occupational therapy in a e t 17 remote state under the compact privilege shall function within w l n d 18 the laws and regulations of the remote state.

= = 19 B.

Nothing in the compact prevents the enforcement a l i a e r 20 of any other law of a member state that is not inconsistent a t m m 21 with the compact.

ed tr 17e 22 C.

Any laws in a member state in conflict with the wc le ns dk 1823 compact are superseded to the extent of the conflict.

=e =a 19n ab l24 D.

Any lawful actions of the commission, including iu a[ e r 20 all rules and bylaws promulgated by the commission, are binding a.233412.1 t- m39 m- 21HJC/HB 13 upon the member states.

d r e 22 E.

All agreements between the commission and the c e s k 23 member states are binding in accordance with their terms.

e a n b 24 F.

In the event any provision of the compact u [ exceeds the constitutional limits imposed on the legislature of .232736.1 - 39 - any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

SectionA 61-12A-9new NMSAsection 1978of (beingthe LawsOccupational 1996,Therapy ChapterAct 55, Section 9, as amended) is amendedenacted to read:

"61-12A-9."[NEW MATERIAL] PARTICIPATION IN OCCUPATIONAL THERAPY LICENSURE COMPACT AS CONDITION OF EMPLOYMENT PROHIBITED.--An employer shall not require an occupational therapist licensed in this state pursuant to the Occupational Therapy Act to seek licensure through the Occupational Therapy Licensure Compact as a condition of initial or continued employment as an e t 17 occupational therapist in this state.

BOARD--POWERSAn ANDemployer DUTIES.--may A.require w l n d 18 that an occupational therapist obtain and maintain a license to = = 19 practice occupational therapy in multiple states if the a l i a e r 20 occupational therapist is free to obtain and maintain the a t m m 21 licenses by any means authorized by the laws of the respective d r e 22 states." c e s k 23 SECTION 18.

A new section of the Occupational Therapy Act e a n b 24 is enacted to read:

u [ "[NEW MATERIAL] OCCUPATIONAL THERAPY LICENSURE COMPACT .233412.1 - 40 - HJC/HB 13 COMMISSION--COMMISSIONER DUTIES.-- A.

If a meeting, or a portion of a meeting, of the occupational therapy compact commission is closed pursuant to Subsection J of Section 8 of the Occupational Therapy Licensure Compact, commissioners appointed to represent New Mexico on the commission shall request the commission's legal counsel or designee to certify that the meeting may be closed by citing each provision of that subsection that is applicable.

Commissioners may satisfy this section by making a motion, or voting in the affirmative on a motion, to have the occupational therapy compact commission's legal counsel or designee certify that the meeting may be closed.

B.

Any time the occupational therapy compact commission is voting on what to include in the commission's minutes, commissioners appointed to represent New Mexico on the commission shall vote to include in the minutes:

e t 17 (1) all actions taken by the commission and w l n d 18 the reasons for each action, including a description of the = = 19 views expressed;

and a l i a e r 20 (2) identification of all documents considered a t m m 21 by the commission that relate to an action taken by the d r e 22 commission." c e s k 23 SECTION 19.

A new section of the Occupational Therapy Act e a n b 24 is enacted to read:

u [ "[NEW MATERIAL] BOARD OBLIGATIONS--PUBLIC POSTING.--The .233412.1 - 41 - HJC/HB 13 board shall post on the board's public website:

A.

copies of the occupational therapy compact commission's current bylaws and rules;

B.

notice of any occupational therapy compact commission action that may affect the license of an occupational therapist in this state within thirty days of the commission's action being taken;

and C.

any minutes or documents of the occupational therapy compact commission that are released pursuant to a vote of the commission.

All minutes and documents of a closed meeting of the occupational therapy compact commission shall remain under seal, subject to release by a majority vote of the commission or an order of a court of competent jurisdiction." SECTION 20.

A new section of the Occupational Therapy Act is enacted to read:

"[NEW MATERIAL] JOINT INVESTIGATIONS--INVESTIGATIVE e t 17 SUBPOENAS.--The board may enter into joint investigations with w l n d 18 other state occupational therapy boards pursuant to the = = 19 Occupational Therapy Licensure Compact;

provided that a l i a e r 20 participation in the joint investigation is governed by a a t m m 21 written agreement among the board and the other participating d r e 22 occupational therapy boards." c e s k 23 SECTION 21.

Section 61-12A-9 NMSA 1978 (being Laws 1996, e a n b 24 Chapter 55, Section 9, as amended) is amended to read:

u [ "61-12A-9.

BOARD--POWERS AND DUTIES.-- .233412.1 - 42 - HJC/HB 13 A.

(4) enforce the provisions of the Occupational Therapy Act to protect the public by conducting hearings on e t 17 charges relating to the discipline of licensees, including the w l n d 18 denial, suspension or revocation of a license in accordance = = 19 a l with the Uniform Licensing Act;

i a e r 20 (5) establish and collect fees;

a t m m 21 (6) provide for examination for and issuance, d r e 22 renewal and reinstatement of licenses;

c e st k17 23 (7) establish, impose, collect and remit fines ew al n bd 2418 for violations of the Occupational Therapy Act to the current u= [= 19 school fund;

.232736.1a -l 40i -a e r 20 (8) appoint a registrar to keep records and a t m m 21 minutes necessary to carry out the functions of the board;

d r e 22 [and] c e s k 23 (9) obtain the legal assistance of the e a n b 24 attorney general;

u [ (10) prescribe procedures, forms and the .233412.1 - 43 - HJC/HB 13 manner of submitting an applicant's full set of fingerprints for state and federal criminal history background reports that the board uses to evaluate the applicant's qualification for licensure;

The board shall not e t 17 disseminate criminal history record information across state w l n d 18 lines.

= = 19 a l B.

i a e r 20 (1) issue investigative subpoenas for the a t m m 21 purpose of investigating complaints against licensees prior to d r e 22 the issuance of a notice of contemplated action;

c e st k17 23 (2) hire or contract with an investigator to ew al n bd 2418 investigate complaints that have been filed with the board.

u= [= 19 The board shall set the compensation of the investigator to be .232736.1a -l 41i -a e r 20 paid from the funds of the board;

a t m m 21 (3) inspect establishments;

and (4) designate hearing officers." - 42 - 6 8 10 12 14 16 e t 17 w l n d 18r = = 19 a l i a e r22 20(4) adesignate thearing mofficers." m 21 d r e 22 c e s k 23 eSECTION a22. n b 24 u [ .232736.1

CONTINGENT REPEAL.-- e a n b 24 A.

Sections 1 through 20 of this 2026 act are u [ repealed if a state or federal court of New Mexico finds that a .233412.1 - 44 - HJC/HB 13 rule or decision of the occupational therapy compact commission, or a court order regarding a rule or decision relating to the Occupational Therapy Licensure Compact, would change the scope of practice of an occupational therapist or the definition of unprofessional conduct for an occupational therapist in a manner that is inconsistent with the Occupational Therapy Act or any other state law relating to the practice of occupational therapy.

A person who is or may be affected by a rule or decision at issue under this subsection shall have standing to seek a determination by the district court.

B.

The board of examiners for occupational therapy shall certify to the director of the legislative council service and the executive director of the New Mexico compilation commission the date on which the action described in Subsection A of this section occurs.

e t 17 C.

Repeal of the Occupational Therapy Licensure w l n d 18 Compact pursuant to this section constitutes this state's = = 19 immediate withdrawal from the Occupational Therapy Licensure a l i a e r 20 Compact.

The board of examiners for occupational therapy shall a t m m 21 send written notification of withdrawal to the governor of each d r e 22 other state that has enacted the Occupational Therapy Licensure c e s k 23 Compact.

e a n b 24 D.

The board of examiners for occupational therapy, u [ or a member of the legislature, may request in writing that the .233412.1 - 45 - HJC/HB 13 attorney general review the actions of the occupational therapy compact commission or a court ruling relating to the enforcement of the Occupational Therapy Licensure Compact.

E.

In the event of a repeal pursuant to this section, the provisions of Section 13 of the Occupational Therapy Licensure Compact shall remain in effect and govern the withdrawal.

- 46 - 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .233412.1