The Issue:
If a practitioner relocates to another state or would like to practice across state lines in-person (or via telehealth), they must complete the full licensure or certification process again for any additional state in which they wish to practice. Due to this standard, occupational therapy practitioners have faced administrative burdens and additional difficulties in obtaining multiple state licenses to practice.
This process is full of duplicative work including applications, proof of eligibility, and fees that create barriers to providing care and could take months to complete. During this time, qualified practitioners are unable to provide services in the state in which they have applied. These burdens hinder the ability of qualified practitioners in providing timely services and restrict consumer access in underserved and rural communities.
The Solution:
This process can be expedited through the creation of an interstate compact – a process many health professions, including occupational therapy, are pursuing at the state level. The purpose of the compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services while preserving the regulatory authority of states to protect public health and safety through the current system of state licensure.
Under current law, for states to participate in an interstate compact, they must collaborate with state law enforcement to set up a partnership with the FBI to conduct background checks for new licensing or certification applicants.
Where the SHARE Act Comes in:
The FBI has the authority to provide these background checks from legislation passed in 1972. This was long before we had the ability to provide care through virtual options and before portability of licensure or certification became a vital part of ensuring access to services. The SHARE Act would make a technical correction to existing law to allow a state licensing or certification entity to share the fact that a criminal background check was completed with the interstate compact commission.
Fixing this technicality can expedite the process of obtaining an additional license to practice in a new state, thereby increasing access to health care – particularly for patients in underserved or rural areas -while allowing states to protect their authority to determine who is eligible to practice in the state. Extending the reach of health care professionals, improving access to medical specialists, and leveraging the use of new medical technologies, such as telehealth, would benefit every participating state in the compact.
Please ask your Representative to cosponsor the SHARE Act (H.R. 1310).
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