SB 571 — An Act authorizing the Commonwealth of Pennsylvania to join the Interstate Compact; providing for the form of the compact; imposing additional powers and duties on the Governor, the Secretary of the Commonwealth and the Compact.

PRIOR PRINTER'S NO.

581 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1425 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

WARD, APRIL 9, 2025 REFERREDSENATOR TOSTEFANO, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, APRILAS 9,AMENDED, 2025FEBRUARY 4, 2026 AN ACT AutInterstate Compact;

"Adverse Action" means any administrative, civil, 20250SB0571PN058120250SB0571PN1425 - 2 - equitable, or criminal action permitted by a State's laws which is imposed by a Licensing Board or other authority against an Occupational Therapist or Occupational Therapy Assistant, including actions against an individual's license or Compact Privilege such as censure, revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee's practice.

"Data System" means a repository of information about Licensees, including but not limited to license status, 20250SB0571PN058120250SB0571PN1425 - 3 - Investigative Information, Compact Privileges, and Adverse Actions.

20250SB0571PN058120250SB0571PN1425 - 4 - R.

"Single-State License" means an Occupational Therapist or Occupational Therapy Assistant license issued by a Member State that authorizes practice only within the issuing State and does 20250SB0571PN058120250SB0571PN1425 - 5 - not include a Compact Privilege in any other Member State.

20250SB0571PN058120250SB0571PN1425 - 6 - b.

To exercise the Compact Privilege under the terms and 20250SB0571PN058120250SB0571PN1425 - 7 - provisions of the Compact, the Licensee shall:

20250SB0571PN058120250SB0571PN1425 - 8 - C.

20250SB0571PN058120250SB0571PN1425 - 9 - 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 20250SB0571PN058120250SB0571PN1425 - 10 - Section 4 via the Data System, without need for primary source verification except for:

Nothing in this Compact shall affect the requirements 20250SB0571PN058120250SB0571PN1425 - 11 - established by a Member State for the issuance of a Single-State License.

The issuing authority shall pay any witness fees, 20250SB0571PN058120250SB0571PN1425 - 12 - travel expenses, mileage and other fees required by the service statutes of the State in which the witnesses or evidence are located.

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 20250SB0571PN058120250SB0571PN1425 - 13 - with other Member States in joint investigations of Licensees.

Venue is proper and judicial proceedings by or against 20250SB0571PN058120250SB0571PN1425 - 14 - the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located.

20250SB0571PN058120250SB0571PN1425 - 15 - 7.

Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and receive, 20250SB0571PN058120250SB0571PN1425 - 16 - utilize and dispose of the same;

Seven voting members who are elected by the Commission 20250SB0571PN058120250SB0571PN1425 - 17 - from the current membership of the Commission;

The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public 20250SB0571PN058120250SB0571PN1425 - 18 - 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 to this provision, the Commission's legal counsel or designee 20250SB0571PN058120250SB0571PN1425 - 19 - shall certify that the meeting may be closed and shall reference each relevant exempting provision.

nor shall 20250SB0571PN058120250SB0571PN1425 - 20 - the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.

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 20250SB0571PN058120250SB0571PN1425 - 21 - is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities;

20250SB0571PN058120250SB0571PN1425 - 22 - 3.

The Commission shall promulgate reasonable rules in order 20250SB0571PN058120250SB0571PN1425 - 23 - to effectively and efficiently achieve the purposes of the Compact.

A request for comments on the proposed Rule from any 20250SB0571PN058120250SB0571PN1425 - 24 - interested person;

Nothing in this section shall be construed as requiring a 20250SB0571PN058120250SB0571PN1425 - 25 - separate hearing on each Rule.

20250SB0571PN058120250SB0571PN1425 - 26 - N.

Failure to 20250SB0571PN058120250SB0571PN1425 - 27 - provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.

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 20250SB0571PN058120250SB0571PN1425 - 28 - beyond the effective date of termination.

In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs 20250SB0571PN058120250SB0571PN1425 - 29 - of such litigation, including reasonable attorney's fees.

20250SB0571PN058120250SB0571PN1425 - 30 - D.

Any laws in a Member State in conflict with the Compact 20250SB0571PN058120250SB0571PN1425 - 31 - are superseded to the extent of the conflict.

(C) IMPLEMENTATION.--THE STATE BOARD OF OCCUPATIONAL THERAPY <-- 20250SB0571PN1425 - 32 - EDUCATION AND LICENSURE SHALL HAVE THE FOLLOWING DUTIES:

(1) PROMULGATE ANY TEMPORARY REGULATIONS NECESSARY TO IMPLEMENT THE COMPACT UNDER 63 PA.C.S.

§ 3120 (RELATING TO TEMPORARY RULEMAKING AUTHORITY) WITHIN 180 DAYS AFTER THE COMPACT BECOMES EFFECTIVE AND OPERATIVE FOR THIS STATE UNDER SUBSECTION (A).

(2) ACCEPT APPLICATIONS FOR A COMPACT PRIVILEGE AND ISSUE COMPACT PRIVILEGES UNDER THE COMPACT WITHIN 180 DAYS AFTER THE COMPACT BECOMES EFFECTIVE AND OPERATIVE FOR THIS STATE UNDER SUBSECTION (A).

20250SB0571PN0581 - 32 - The compact administrator who represents this State, as provided for in the Interstate Compact, shall not be entitled to any additional compensation for his duties and responsibilities as compact administrator but shall be entitled to reimbursement for reasonable expenses actually incurred in connection with his duties and responsibilities as compact administrator in the same manner as for expenses incurred in connection with other duties and responsibilities of his or her office or employment.

This act shall take effect in 60 days.days IMMEDIATELY.