HB 482 — An Act authorizing the Commonwealth of Pennsylvania to join the Interstate Compact; providing for the form of the compact; and imposing additional powers and duties on the Governor, the Secretary of the Commonwealth and the Compact.

PRIORSENATE AMENDED PRINTER'S NO.

4652867 PRIOR PRINTER'S NO.NOS.

465, 1942 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

482 2025 INTRODUCED BY MARKOSEK, BURGOS, FREEMAN, HARKINS, SAPPEY, DONAHUE, GIRAL, SANCHEZ, GUENST, VENKAT, HANBIDGE, HILL- EVANS, KHAN, HOHENSTEIN, DALEY, SHUSTERMAN, DEASY, GREEN, MADDENMADDEN, CEPEDA-FREYTIZ, WEBSTER AND CEPEDA-FREYTIZ,BOYD, FEBRUARY 4, 2025 ASSENATOR REPORTEDSTEFANO, FROMCONSUMER COMMITTEEPROTECTION ONAND PROFESSIONAL LICENSURE, HOUSEIN OFSENATE, REPRESENTATIVES, AS AMENDED, JUNEFEBRUARY 17,4, 20252026 AN ACT Authorizing the Commonwealth of Pennsylvania to join the Interstateand Compact;imposing additional powers and duties on the Governor, the Secretary of the Commonwealth and the Compact.

providing for the form of the compact;

and imposing additional powers and duties on the Governor, the Secretary of the Commonwealth and the Compact.

20250HB0482PN194220250HB0482PN2867 - 2 - B.

"Data System" means a repository of information about 20250HB0482PN194220250HB0482PN2867 - 3 - Licensees, including but not limited to license status, Investigative Information, Compact Privileges, and Adverse Actions.

"Occupational Therapy Assistant" means an individual who is licensed by a State to assist in the Practice of Occupational 20250HB0482PN194220250HB0482PN2867 - 4 - Therapy.

"Single-State License" means an Occupational Therapist or Occupational Therapy Assistant license issued by a Member State 20250HB0482PN194220250HB0482PN2867 - 5 - that authorizes practice only within the issuing State and does not include a Compact Privilege in any other Member State.

A Member State shall, 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 20250HB0482PN194220250HB0482PN2867 - 6 - search, and shall use the results in making licensure decisions.

COMPACT PRIVILEGE 20250HB0482PN194220250HB0482PN2867 - 7 - A.

The Licensee must comply with the requirements of Section 4A to maintain the Compact Privilege in 20250HB0482PN194220250HB0482PN2867 - 8 - the Remote State.

The specific period of time for which the Compact 20250HB0482PN194220250HB0482PN2867 - 9 - Privilege was removed has ended;

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 20250HB0482PN194220250HB0482PN2867 - 10 - Therapy Assistant meets the pertinent criteria outlined in Section 4 via the Data System, without need for primary source verification except for:

20250HB0482PN194220250HB0482PN2867 - 11 - E.

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 20250HB0482PN194220250HB0482PN2867 - 12 - before it.

In addition to the authority granted to a Member State by its respective State Occupational Therapy laws and regulations 20250HB0482PN194220250HB0482PN2867 - 13 - or other applicable State law, any Member State may participate with other Member States in joint investigations of Licensees.

20250HB0482PN194220250HB0482PN2867 - 14 - 2.

Additional meetings shall be held as set forth in 20250HB0482PN194220250HB0482PN2867 - 15 - the bylaws.

Accept any and all appropriate donations and grants of 20250HB0482PN194220250HB0482PN2867 - 16 - money, equipment, supplies, materials and services, and receive, utilize and dispose of the same;

20250HB0482PN194220250HB0482PN2867 - 17 - a.

The Commission or the Executive Committee or other 20250HB0482PN194220250HB0482PN2867 - 18 - committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss:

If a meeting, or portion of a meeting, is closed pursuant 20250HB0482PN194220250HB0482PN2867 - 19 - to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

The Commission shall not incur obligations of any kind 20250HB0482PN194220250HB0482PN2867 - 20 - prior to securing the funds adequate to meet the same;

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, 20250HB0482PN194220250HB0482PN2867 - 21 - 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;

20250HB0482PN194220250HB0482PN2867 - 22 - 2.

20250HB0482PN194220250HB0482PN2867 - 23 - B.

20250HB0482PN194220250HB0482PN2867 - 24 - 3.

20250HB0482PN194220250HB0482PN2867 - 25 - 4.

or 20250HB0482PN194220250HB0482PN2867 - 26 - 4.

The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to 20250HB0482PN194220250HB0482PN2867 - 27 - intervene in such a proceeding for all purposes.

A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the 20250HB0482PN194220250HB0482PN2867 - 28 - effective date of termination, including obligations that extend beyond the effective date of termination.

In the event judicial enforcement 20250HB0482PN194220250HB0482PN2867 - 29 - is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

Withdrawal shall not affect the continuing requirement of the withdrawing State's Occupational Therapy Licensing Board to comply with the investigative and Adverse Action reporting requirements of this act prior to the effective date of 20250HB0482PN194220250HB0482PN2867 - 30 - withdrawal.

20250HB0482PN194220250HB0482PN2867 - 31 - C.

20250HB0482PN194220250HB0482PN2867 - 32 - Section(C) 4.IMPLEMENTATION.--THE STATE BOARD OF OCCUPATIONAL THERAPY <-- EDUCATION AND LICENSURE SHALL HAVE THE FOLLOWING DUTIES:

(1) PROMULGATE TEMPORARY REGULATIONS NECESSARY TO IMPLEMENT THIS ACT UNDER 63 PA.C.S.

§ 3120 (RELATING TO TEMPORARY RULEMAKING AUTHORITY) WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH.

(2) ACCEPT COMPACT PRIVILEGE APPLICATIONS AND ISSUE COMPACT PRIVILEGES UNDER THIS ACT WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH.