Vermont § 3372 - Adverse actions

§ 3372. Adverse actions

• (a) A home state shall have exclusive power to impose adverse action against an occupational
  therapist’s or occupational therapy assistant’s license issued by the home state. (b) In addition to the other powers conferred by state law, a remote state shall have
  the authority, in accordance with existing state due process law, to: (1) Take adverse action against an occupational therapist’s or occupational therapy assistant’s
  compact privilege within that member state. (2) Issue subpoenas for both hearings and investigations that require the attendance and
  testimony of witnesses as well as the production of evidence. Subpoenas issued by
  a licensing board in a member state for the attendance and testimony of witnesses
  or the production of evidence from another member state shall be enforced in the latter
  state by any court of competent jurisdiction, according to the practice and procedure
  of that court applicable to subpoenas issued in proceedings pending before it. The
  issuing authority shall pay any witness fees, travel expenses, mileage, and other
  fees required by the service statutes of the state in which the witnesses or evidence
  are located. (c) For purposes of taking adverse action, the home state shall give the same priority
  and effect to reported conduct received from a member state as it would if the conduct
  had occurred within the home state. In so doing, the home state shall apply its own
  state laws to determine appropriate action. (d) The home state shall complete any pending investigations of an occupational therapist
  or occupational therapy assistant who changes primary state of residence during the
  course of the investigations. The home state, where the investigations were initiated,
  shall also have the authority to take appropriate action(s) and shall promptly report
  the conclusions of the investigations to the Occupational Therapy Compact Commission
  Data System. The Occupational Therapy Compact Commission Data System administrator
  shall promptly notify the new home state of any adverse actions. (e) A member state, if otherwise permitted by state law, may recover from the affected
  occupational therapist or occupational therapy assistant the costs of investigations
  and disposition of cases resulting from any adverse action taken against that occupational
  therapist or occupational therapy assistant. (f) A member state may take adverse action based on the factual findings of the remote
  state, provided that the member state follows its own procedures for taking the adverse
  action. (g) Joint investigations. (1) 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
  with other member states in joint investigations of licensees. (2) Member states shall share any investigative, litigation, or compliance materials in
  furtherance of any joint or individual investigation initiated under the Compact. (h) If an adverse action is taken by the home state against an occupational therapist’s
  or occupational therapy assistant’s license, the occupational therapist’s or occupational
  therapy assistant’s compact privilege in all other member states shall be deactivated
  until all encumbrances have been removed from the state license. All home state disciplinary
  orders that impose adverse action against an occupational therapist’s or occupational
  therapy assistant’s license shall include a statement that the occupational therapist’s
  or occupational therapy assistant’s compact privilege is deactivated in all member
  states during the pendency of the order. (i) If a member state takes adverse action, it shall promptly notify the administrator
  of the data system. The administrator of the data system shall promptly notify the
  home state of any adverse actions by remote states. (j) Nothing in this Compact shall override a member state’s decision that participation
  in an alternative program may be used in lieu of adverse action. (Added 2023, No. 112 (Adj. Sess.), § 2, eff. July 1, 2025.)