LSBME staff warn interstate OT compact could allow out-of-state licensees without background checks

LSBME staff updated the Occupational Therapy Advisory Committee on implementing an interstate licensure compact for occupational therapists and assistants and raised legal and public-safety concerns about parts of the compact as currently written.

Staff said the Board is integrating initial compact users through an API but identified two main problems: (1) the compact’s data requests included Social Security numbers and other demographic information in bulk, which LSBME staff said would violate Louisiana law unless transmitted individually and securely; and (2) some compact member states cannot conduct criminal-background checks, which could allow out-of-state practitioners to practice in Louisiana without the checks Louisiana law requires. Staff said they proposed an alternative—allowing Louisiana to perform its own criminal-background checks for incoming compact licensees—but that the compact commission rejected that alternative in a close, 14–13 vote.

LSBME staff said the issue remains unresolved and that implementation will continue while staff request reconsideration; they added that ultimate resolution may require action by the governor or the legislature. The advisory committee did not take an enforcement action but was informed of the legal and technical constraints the agency faces while joining the compact.

The update is an operational briefing rather than a policy decision by the advisory committee; staff characterized the compact discussion as ongoing and dependent on broader compact governance or state-level action.