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Board seeks attorney general opinion after rules vote fails on compact background checks
Summary
Committee members reported that a rules-committee effort to modify compact-related criminal-background-check language failed by a narrow margin and said they will request an opinion from the state attorney general to avoid violating Louisiana law if compact provisions allow licensure without background checks.
Dr. Van reported to the Occupational Therapy Advisory Committee that ongoing work on the interstate licensure compact has raised concerns about criminal-background-check requirements and whether complying with the compact could conflict with Louisiana law.
Dr. Van said the rules committee considered an amendment intended to allow the board to request criminal-background information when feasible and then accept or reject an application based on the check, but the proposal was recalled as failing by one vote: "it was 14 to 15 as our recollection and uh it failed." She described the problem as a potential "legally impossible" situation if the compact required the board to license practitioners from states that do not perform criminal-background checks.
The committee said it will seek an advisory opinion from the Louisiana attorney general to clarify how the compact and state law intersect and to ensure rules do not put the board in violation of state statutes. Members said they will await that legal guidance before changing their rules on background checks.
