43-40.1-08. Establishment of the occupational therapy compact commission

43-40.1-08. Establishment of the occupational therapy compact commission

1. The compact member states hereby create and establish a joint public agency known

as the occupational therapy compact commission.

a. The commission is an instrumentality of the compact states.

b. Venue is proper and judicial proceedings by or against the commission must be

brought exclusively in a court of competent jurisdiction where the principal office

of the commission is located. The commission may waive venue and jurisdictional

defenses to the extent the commission adopts or consents to participate in

alternative dispute resolution proceedings.

c. This compact may not be construed to be a waiver of sovereign immunity.

2. Membership, voting, and meetings.

a. Each member state has and is limited to one delegate selected by that member

state's licensing board.

b. The delegate must be:

(1) A current member of the licensing board, who is an occupational therapist,

occupational therapy assistant, or public member; or

(2) An administrator of the licensing board.

c. A delegate may be removed or suspended from office as provided by the law of

the state from which the delegate is appointed.

d. The member state board shall fill any vacancy occurring in the commission within

ninety days.

e. Each delegate is entitled to one vote with regard to the adoption of rules and

creation of bylaws and must have an opportunity to participate in the business

and affairs of the commission. A delegate shall vote in person or by any other

means provided in the bylaws. The bylaws may provide for delegates'

participation in meetings by telephone or other means of communication.

f. The commission shall meet at least once during each calendar year. Additional

meetings must be held as provided in the bylaws.

g. The commission shall establish by rule a term of office for delegates.

3. The commission has the power and duty to:

a. Establish a code of ethics for the commission.

b. Establish the fiscal year of the commission.

c. Establish bylaws.

d. Maintain financial records in accordance with the bylaws.

e. Meet and take actions consistent with the provisions of this compact and the

bylaws.

f. Adopt uniform rules to facilitate and coordinate implementation and administration

of this compact. The rules have the force and effect of law and are binding in all

member states.

g. Bring and prosecute legal proceedings or actions in the name of the commission,

provided the standing of any state occupational therapy licensing board to sue or

be sued under applicable law is not affected.

h. Purchase and maintain insurance and bonds.

i. Borrow, accept, or contract for services of personnel, including employees of a

member state.

j. Hire employees, elect or appoint officers, fix compensation, define duties, grant

the individuals appropriate authority to carry out the purposes of the compact,

and establish the commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other related personnel

matters.

k. Accept any and all appropriate donations and grants of money, equipment,

supplies, materials and services, and receive, use and dispose of the same;

provided that at all times the commission avoids any appearance of impropriety

and conflict of interest.

l. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,

improve, or use any property; real, personal, or mixed; provided the commission

avoids any appearance of impropriety.

m. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose

of any property; real, personal, or mixed.

n. Establish a budget and make expenditures.

o. Borrow money.

p. Appoint committees, including standing committees composed of members, state

regulators, state legislators or their representatives, and consumer

representatives, and other interested persons as designated in this compact and

the bylaws.

lease, exchange, abandon, or otherwise dispose

of any property; real, personal, or mixed.

n. Establish a budget and make expenditures.

o. Borrow money.

p. Appoint committees, including standing committees composed of members, state

regulators, state legislators or their representatives, and consumer

representatives, and other interested persons as designated in this compact and

the bylaws.

q. Provide and receive information from, and cooperate with, law enforcement

agencies.

r. Establish and elect an executive committee.

s. Perform other functions as necessary or appropriate to achieve the purposes of

this compact consistent with the state regulation of occupational therapy licensure

and practice.

4. The executive committee.

a. The executive committee has the power to act on behalf of the commission

according to the terms of this compact.

b. The executive committee is composed of nine members:

(1) Seven voting members who are elected by the commission from the current

membership of the commission;

(2) One ex-officio, nonvoting member from a recognized national occupational

therapy professional association; and

(3) One ex-officio, nonvoting member from a recognized national occupational

therapy certification organization.

c. The ex-officio members will be selected by their respective organizations.

d. The commission may remove any member of the executive committee as

provided in bylaws.

e. The executive committee shall:

(1) Meet at least annually;

(2) Recommend to the entire commission changes to the rules or bylaws,

changes to this compact legislation, fees paid by compact member states

including, annual dues, and any commission compact fee charged to

licensees for the compact privilege;

(3) Ensure compact administration services are appropriately provided,

contractual or otherwise;

(4) Prepare and recommend the budget;

(5) Maintain financial records on behalf of the commission;

(6) Monitor compact compliance of member states and provide compliance

reports to the commission;

(7) Establish additional committees as necessary; and

(8) Perform other duties as provided in rules or bylaws.

5. Meetings of the commission.

a. All meetings must be open to the public, and public notice of meetings must be

given in the same manner as required under the rulemaking provisions in section

43-40.1-10.

b. The commission or the executive committee or other committees of the

commission may convene in a closed, nonpublic meeting if the commission or

executive committee or other committees of the commission must discuss:

(1) Noncompliance of a member state with its obligations under the compact;

(2) The employment, compensation, discipline, or other matters, practices, or

procedures related to specific employees or other matters related to the

commission's internal personnel practices and procedures;

(3) Current, threatened, or reasonably anticipated litigation;

(4) Negotiation of contracts for the purchase, lease, or sale of goods, services,

or real estate;

(5) Accusing any individual of a crime or formally censuring any individual;

(6) Disclosure of trade secrets or commercial or financial information that is

privileged or confidential;

(7) Disclosure of information of a personal nature if disclosure would constitute

a clearly unwarranted invasion of personal privacy;

(8) Disclosure of investigative records compiled for law enforcement purposes;

(9) Disclosure of information related to any investigative reports prepared by or

on behalf of or for use of the commission or other committee charged with

responsibility of investigation or determination of compliance issues

pursuant to the compact; or

onstitute

a clearly unwarranted invasion of personal privacy;

(8) Disclosure of investigative records compiled for law enforcement purposes;

(9) Disclosure of information related to any investigative reports prepared by or

on behalf of or for use of the commission or other committee charged with

responsibility of investigation or determination of compliance issues

pursuant to the compact; or

(10) Matters specifically exempted from disclosure by federal or member state

statute.

c. If a meeting, or portion of a meeting, is closed pursuant 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.

d. The commission shall keep minutes that fully and clearly describe all matters

discussed in a meeting and shall provide a full and accurate summary of actions

taken, and the reasons for taking the actions, including a description of the views

expressed. All documents considered in connection with an action must be

identified in the minutes. All minutes and documents of a closed meeting must

remain under seal, subject to release by a majority vote of the commission or

order of a court of competent jurisdiction.

6. Financing of the commission.

a. The commission shall pay, or provide for the payment of, the reasonable

expenses of its establishment, organization, and ongoing activities.

b. The commission may accept any and all appropriate revenue sources, donations,

and grants of money, equipment, supplies, materials, and services.

c. The commission may levy on and collect an annual assessment from each

member state or impose fees on other parties to cover the cost of the operations

and activities of the commission and its staff, which must be in a total amount

sufficient to cover its annual budget as approved by the commission each year for

which revenue is not provided by other sources. The aggregate annual

assessment amount must be allocated based on a formula determined by the

commission, which shall adopt a rule binding on all member states.

d. The commission may not incur obligations before securing adequate funds to

meet the obligations or pledge the credit of any of the member states, except by

and with the authority of the member state.

e. The commission shall keep accurate accounts of all receipts and disbursements.

The receipts and disbursements of the commission are subject to the audit and

accounting procedures established under its bylaws. All receipts and

disbursements of funds handled by the commission must be audited yearly by a

certified or licensed public accountant, and the report of the audit must be

included in and become part of the annual report of the commission.

7. Qualified immunity, defense, and indemnification.

a. The members, officers, executive director, employees, and representatives of the

commission are immune from suit and liability, either personally or in their official

capacity, for any claim for damage to or loss of property or personal injury or

other civil liability caused by or arising out of any actual or alleged act, error, or

omission that occurred, or that the individual against whom the claim is made had

a reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities. This subdivision may not be construed to

protect any such individual from suit or liability for any damage, loss, injury, or

liability caused by the intentional, willful, or wanton misconduct of that individual.

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 individual

against whom the claim is made had a reasonable basis for believing occurred

n 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 individual

against whom the claim is made had a reasonable basis for believing occurred

within the scope of commission employment, duties, or responsibilities. This

subdivision may not be construed to prohibit that individual from retaining counsel

or that the actual or alleged act, error, or omission did not result from that

individual's intentional, willful, or wanton misconduct.

c. The commission shall indemnify and hold harmless any member, officer,

executive director, employee, or representative of the commission for the amount

of any settlement or judgment obtained against that individual 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 individual had a

reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities, provided the actual or alleged act, error,

or omission did not result from the intentional, willful, or wanton misconduct of

that individual.