AB 90

This bill requires the Department of Safety and Professional Services to

contract with a third-party entity to receive applications for licensure as an

occupational therapist or occupational therapy assistant, to collect and retain

application fees, to determine whether an applicant has an arrest or conviction

record, and to determine whether the applicant has met all other requirements for

licensure. If the third-party entity determines that an applicant meets all of the

requirements for licensure, the bill requires the third-party entity to inform the

Occupational Therapy Affiliated Credentialing Board of its determination within 10

days from the day that the determination is made. The bill then requires the

Occupational Therapy Affiliated Credentialing Board to promptly issue a license as

an occupational therapist or an occupational therapy assistant to any applicant that

the third-party entity determined was eligible under the bill. The bill provides a

similar third-party process for applicants for licensure for a limited period to

practice occupational therapy in association with an occupational therapist or for

licensure for a limited period to assist in the practice of occupational therapy under

the supervision of an occupational therapist.

This bill allows any third-party entity contracted under the bill to set and

periodically update the required fee for applications for licensure described under

the bill. At least 60 days before any fee change goes into effect, the bill requires the

third-party entity to submit a request to change the fee to the Joint Committee on

Finance along with the third-party entity's current operating budget and an

estimation of the change in total fees to be received by the third-party entity if the

fee change were to go into effect. The bill allows the Joint Committee on Finance to

hold a hearing on any requested fee change. If the Joint Committee on Finance holds

a hearing on a requested fee change, the bill requires the third-party entity to adopt

any fee determined by the joint committee. Further, if the Joint Committee on

Finance determines at any time that the third-party entity has a budget surplus that

is greater than 10 percent of the amount of fees that the third-party entity receives

in a year, the joint committee may order the third-party entity to lower the fee to a

fee determined by the joint committee.

Before entering into a contract with a third-party entity, the bill requires that

any proposed contract be submitted to the Joint Committee on Finance for approval.

Once a contract is approved, the bill requires the third-party entity to annually

submit a report to the legislature detailing the performance of the third-party entity.

The bill permits DSPS or any person delegated by the legislature to inspect and

examine all records relating to the operations of the third-party entity.