Occupational therapists could practice across member states through a compact

Eligible occupational therapists and assistants could seek permission to practice in other member states through the compact. The pathway would cover people with a valid, unencumbered license in a member state who seek to practice in another member state. Applicants would need a valid home-state license, a Social Security or national provider number, a criminal background check, and any required fees. Applicants would also need to meet the remote state's legal-knowledge requirements and report certain discipline from nonmember states. Practice would remain subject to the laws of the remote state, and assistants would need supervision by an appropriately licensed occupational therapist. A remote state could discipline or remove a compact privilege under its own law. The compact would begin when its law is enacted in the tenth member state; the initial provisions would allow the commission to organize and adopt rules.

An employer could not require a New Mexico occupational therapist to obtain compact licensure as a condition of getting or keeping a job. The restriction would apply to employers and occupational therapists licensed in New Mexico under the Occupational Therapy Act. An employer could still require licenses in multiple states if the therapist remains free to choose how to obtain and maintain those licenses. The restriction would apply while the employment relationship is being started or continued, if the measure takes effect.

The compact commission and New Mexico's licensing board would share oversight, recordkeeping, public-notice, and investigation duties. The duties would cover the compact commission, New Mexico commissioners, the state occupational therapy board, and compact-related license and investigation records. The board would post current compact rules and bylaws, certain commission actions within thirty days, and released meeting records. New Mexico commissioners would request certification for closed meetings and vote to include actions, reasons, views, and related documents in the minutes. The board could join investigations with other state boards through a written agreement. Applicants for initial New Mexico licensure would submit fingerprints for state and national criminal-history reports, which would remain confidential. The board's posting duty would apply within thirty days after a covered commission action; the other duties would apply when their triggering meeting, investigation, or license application occurs.