S.D. Codified Laws § 36-31A-9

Current through the 2024 Legislative Session

Section 36-31A-9 - Occupational therapy compact commission-Establishment-Authorities-Duties-Procedure-Limited liability

A. The compact member states hereby create and establish a joint public agency known as the occupational therapy compact commission.

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

2. Venue is proper and judicial proceedings by or against the commission may only be brought 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 it adopts or consents to participate in alternative dispute resolution proceedings.

3. Nothing in this compact constitutes a waiver of sovereign immunity.

B. The following terms and conditions are also applicable:

1. Each member state has and is limited to one delegate selected by that member state's licensing board;

2. The delegate must be:

a. A current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; or

b. An administrator of the licensing board;

3. A delegate may be removed or suspended from office, as provided by the law of the state from which the delegate is appointed;

4. The member state board shall fill any vacancy occurring in the commission within ninety days;

5. Each delegate is entitled to one vote with regard to the promulgation of rules and the creation of bylaws and:

a. May participate in the business and affairs of the commission;

b. May vote in person or by such other means as provided in the bylaws; and

c. May participate in meetings, by telephone or other means of communication, if permitted in the bylaws;

6. The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws; and

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

C. The commission has the following powers and duties:

1. To establish a code of ethics for the commission;

2. To establish the fiscal year of the commission;

3. To establish bylaws;

4. To maintain its financial records in accordance with the bylaws;

5. To meet and take such actions as are consistent with the provisions of this compact and the bylaws;

6. To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact, provided the rules shall have the force and effect of law and are binding on all member states;

7. To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law is not affected;

8. To purchase and maintain insurance and bonds;

9. To borrow, accept, or contract for services of personnel, including employees of a member state;

10. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals 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;

11. To accept donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of the same, provided that the commission shall avoid any appearance of impropriety and conflict of interest;

12. Lease, purchase, accept gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed, provided that the commission shall avoid any appearance of impropriety;

13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

14. Establish a budget and make expenditures;

15. Borrow money;

16. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested individuals as may be designated in this compact and the bylaws;

17. Provide and receive information from, and cooperate with, law enforcement agencies;

18. Establish and elect an executive committee; and

19. Perform such other functions as necessary or appropriate to achieve the purposes of this compact, consistent with the state regulation of occupational therapy licensure and practice.

D. The executive committee may act on behalf of the commission according to the terms of this compact.

1. The executive committee is composed of:

a. Seven voting members who are elected by the commission from the membership of the commission;

b. One ex-officio nonvoting member from a recognized national occupational therapy professional association; and

c. One ex-officio nonvoting member from a recognized national occupational therapy certification organization.

2. The ex-officio members must be selected by their respective organizations.

3. The commission may remove any member of the executive committee as provided in the bylaws.

4. The executive committee shall meet at least annually.

5. The executive committee has the following duties and responsibilities:

a. To recommend to the entire commission changes to the rules or bylaws, changes to this chapter, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege;

b. To ensure compact administration services are appropriately provided, by contract or otherwise;

c. To prepare and recommend the budget;

d. To maintain financial records on behalf of the commission;

e. To monitor compact compliance by member states and provide compliance reports to the commission;

f. To establish additional committees as necessary; and

g. To perform other duties as provided in the rules or bylaws.

E. The following terms and conditions are also applicable to meetings of the commission:

1. Each meeting is open to the public, and public notice of the meetings must be given in the same manner as required under the rulemaking provisions in § 36-31A-11;

2. The commission, the executive committee, or another committee of the commission may convene in a closed, non-public meeting, if there is the need to discuss:

a. The non-compliance of a member state with its obligations under the compact;

b. 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;

c. Current, threatened, or reasonably anticipated litigation;

d. The negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

e. Accusing any person of a crime or formally censuring any person;

f. The disclosure of trade secrets or commercial or financial information that is privileged or confidential;

g. The disclosure of personal information, if disclosure would constitute an unwarranted invasion of personal privacy;

h. The disclosure of investigative records compiled for law enforcement purposes;

i. The disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee responsible for investigating or determining compliance issues pursuant to the compact; or

j. Any matter exempt from disclosure by federal or member state statute;

3. If a meeting, or portion of a meeting, is closed pursuant to this section, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision; and

4. 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 therefore, including a description of the views expressed, provided:

a. All documents considered in connection with an action must be identified in the minutes; and

b. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or an order of a court.

F. The following terms and conditions are also applicable:

1. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities;

2. The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services;

3. 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 an 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 upon a formula to be determined by the commission. The commission shall promulgate a rule that is binding upon all member states;

4. The commission may not incur obligations of any kind prior to securing the funds adequate to meet the same, nor may the commission pledge the credit of any member state, except by and with the authority of the member state; and

5. The commission shall keep accurate accounts of all receipts and disbursements, provided:

(a) The receipts and disbursements of the commission are subject to the audit and accounting procedures established under the bylaws:

(b) All receipts and disbursements of funds handled by the commission must be audited yearly, by a certified or licensed public accountant: and

(c) The report of the audit must be included in and become part of the annual report of the commission.

G. The following terms and conditions are also applicable:

1. 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 person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person;

2. 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 person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct; and

3. 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 person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SDCL 36-31A-9

SL 2023, ch 139, §9.

Added by S.L. 2023, ch. 139,s. 9, eff. 7/1/2023.