OCCUPATIONAL THERAPY LICENSURE COMPACT

The entire Purpose section (former Section 2) was deleted. It had listed the compact's objectives including increasing public access, protecting health and safety, supporting military spouses, enhancing information exchange, enabling remote state accountability, and facilitating telehealth.

New Section 15 (Preservation of State Authority) explicitly states the compact creates only a new pathway and does not change or limit the Occupational Therapy Act, affirms that practice occurs where the patient is located, and confirms state boards retain authority to impose adverse action on compact-issued licenses.

New Section 22 adds a contingent repeal mechanism: if a New Mexico state or federal court finds that a compact commission rule or decision would change the scope of practice or definition of unprofessional conduct in a manner inconsistent with state law, Sections 1 through 20 are automatically repealed. Affected persons have standing to seek this determination. The board must certify the repeal date, notify other member states of withdrawal, and the attorney general may be asked to review commission actions.

New Section 18 imposes duties on New Mexico's commissioners: for closed meetings they must request legal counsel certification citing applicable provisions, and when voting on minutes they must vote to include all actions taken with reasons, views expressed, and identification of all documents considered.

Section 12 (Oversight, Dispute Resolution and Enforcement) adds 'a federal court of New Mexico' as an additional venue option for both defaulting state appeals and commission-initiated enforcement actions against member states in default, alongside the existing District of Columbia and principal office district options.

New Section 17 prohibits employers from requiring occupational therapists to obtain licensure through the compact as a condition of initial or continued employment. Employers may still require multi-state licensure by any legally authorized means.

New Section 19 requires the board to post on its public website: current commission bylaws and rules, notice of any commission action affecting a New Mexico license within 30 days, and any released minutes or documents. Closed meeting minutes remain under seal subject to majority vote release or court order.

New Section 20 authorizes the board to enter into joint investigations with other state boards pursuant to the compact, provided participation is governed by a written agreement among the participating boards.

New subsection G in Section 10 (Data System) requires all information provided to the commission or distributed by member boards to be confidential, filed under seal, and used only for investigatory or disciplinary matters, with an exception that information submitted to the New Mexico board remains subject to state confidentiality and transparency requirements or court order.

Section 9 (Qualified Immunity) adds language stating the commission's liability within any member state may not exceed the limits set under that state's constitution and laws for state officials, employees, and agents, and that the commission is considered an instrumentality of the states.