Kansas HB 2533: Requiring that per diem amounts, expenses and funding for examinations be reasonable and establishing a tiered fee structure for examinations of insurance companies and societies based on gross premiums.

Bill Text

HOUSE BILL No. 2533
AN ACT concerning health professions and practices; relating to occupational therapy,
respiratory therapy, esthetics and athletic training; enacting the occupational therapy
licensure compact, respiratory care interstate compact, esthetics licensure compact
and athletic trainer licensure compact to provide interstate practice privileges.
Be it enacted by the Legislature of the State of Kansas:
Section 1. This section shall be known and may be cited as the
occupational therapy licensure compact.
ARTICLE 1 – PURPOSE
(a) The purpose of this compact is to facilitate interstate practice
of occupational therapy with the goal of improving public access to
occupational therapy services. The practice of occupational therapy
occurs in the state where the patient or client is located at the time of
the occupational therapy encounter. The compact preserves the
regulatory authority of states to protect public health and safety through
the current system of state licensure.
(b) This compact is designed to achieve the following objectives:
(1) Increase public access to occupational therapy services by
providing for the mutual recognition of other member state licenses;
(2) enhance the states' ability to protect the public's health and
safety;
(3) encourage the cooperation of member states in regulating
multi-state occupational therapy practice;
(4) support spouses of relocating military members;
(5) enhance the exchange of licensure, investigative and
disciplinary information between member states;
(6) allow a remote state to hold a provider of services with a
compact privilege in that state that is accountable to that state's practice
standards; and
(7) facilitate the use of telehealth technology in order to increase
access to occupational therapy services.
ARTICLE 2 – DEFINITIONS
As used in this compact, and except as otherwise provided, the
following definitions shall apply:
(a) "Active duty military" means full-time duty status in the active
uniformed service of the United States, including members of the
national guard and reserve on active duty orders pursuant to 10 U.S.C.
chapter 1209 and 10 U.S.C. chapter 1211.
(b) "Adverse action" means any administrative, civil, equitable or
criminal action permitted by a state's laws that 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.
(c) "Alternative program" means a non-disciplinary monitoring
process approved by an occupational therapy licensing board.
(d) "Compact privilege" means the authorization, equivalent to a
license, granted by a remote state to allow a licensee from another
member state to practice as an occupational therapist or an occupational
therapy assistant in the remote state under its laws and rules. The
practice of occupational therapy occurs in the member state where the
patient or client is located at the time of the occupational therapy
encounter.
(e) "Continuing competence or education" means a requirement,
as a condition of license renewal, to provide evidence of participation
in or completion of, educational and professional activities relevant to
practice or area of work.
(f) "Current significant investigative information" means
investigative information that a licensing board, after an inquiry or
investigation that includes notification and an opportunity for the

HOUSE BILL No. 2533—page 2
occupational therapist or occupational therapy assistant to respond, if
required by state law, has reason to believe is not groundless and, if
proved true, would indicate more than a minor infraction.
(g) "Data system" means a repository of information concerning
licensees, including, but not limited to, license status, investigative
information, compact privileges and adverse actions.
(h) "Encumbered license" means a license in which an adverse
action restricts the practice of occupational therapy by the licensee or
such adverse action has been reported to the national practitioner data
bank (NPDB).
(i) "Executive committee" means a group of directors elected or
appointed to act on behalf of and within the powers granted to them by
the commission.
(j) "Home state" means the member state that is the licensee's
primary state of residence.
(k) "Impaired practitioner" means individuals whose professional
practice is adversely affected by substance abuse, addiction or other
health-related conditions.
(l) "Investigative information" means information, records or
documents received or generated by an occupational therapy licensing
board pursuant to an investigation.
(m) "Jurisprudence requirement" means the assessment of an
individual's knowledge of the laws and rules governing the practice of
occupational therapy in a state.
(n) "Licensee" means an individual who currently holds an
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