§ 43-40.1-04 — Compact privilege

North Dakota § 43-40.1-04

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-40.1: Occupational Therapy Licensure Compact

Text

1. To exercise the compact privilege under the terms and provisions of the compact, the
licensee shall:
a. Hold a license in the home state;
b. Have a valid United States social security number or national practitioner
identification number;
c. Have no encumbrance on any state license;
d. Be eligible for a compact privilege in any member state in accordance with
subsections 4, 6, 7, and 8;
e. Have paid all fines and completed all requirements resulting from any adverse
action against any license or compact privilege, and two years have elapsed from
the date of completing the requirements;
f. Notify the commission that the licensee is seeking the compact privilege within a
remote state;
g. Pay any applicable fee, including any state fee, for the compact privilege;
h. Complete a criminal background check in accordance with subdivision e of
subsection 1 of section 43-40.1-03. The licensee shall be responsible for the
payment of any fee associated with the completion of a criminal background
check;
i. Meet any jurisprudence requirement established by the remote state in which the
licensee is seeking a compact privilege; and
j Report adverse action taken by any nonmember state to the commission within
thirty days from the date the adverse action is taken.
2. The compact privilege is valid until the expiration date of the home state license. The
licensee must comply with the requirements of subsection 1 to maintain the compact
privilege in the remote state.

3. A licensee providing occupational therapy in a remote state under the compact
privilege shall function within the laws and regulations of the remote state.
4. Occupational therapy assistants practicing in a remote state must be supervised by an
occupational therapist licensed or holding a compact privilege in that remote state.
5. A licensee providing occupational therapy in a remote state is subject to that state's
regulatory authority. A remote state may, in accordance with due process and that
state's laws, remove a licensee's compact privilege in the remote state for a specific
period of time, impose fines, and take any other necessary actions to protect the
health and safety of the remote state's citizens. The licensee may be ineligible for a
compact privilege in any state until the specific time for removal has passed and all
fines are paid.
6. If a home state license is encumbered, the licensee loses the compact privilege in any
remote state until:
a. The home state license is no longer encumbered; and
b. Two years have elapsed from the date on which the home state license is no
longer encumbered in accordance with subdivision a.
7. If an encumbered license in the home state is restored to good standing, the licensee
must meet the requirements of subsection 1 to obtain a compact privilege in any
remote state.
8. If a licensee's compact privilege in any remote state is removed, the licensee may lose
the compact privilege in any other remote state until:
a. The specific period of time for which the compact privilege was removed has
ended;
b. All fines have been paid and all conditions have been met;
c. Two years have elapsed from the date of completing the requirements under
subdivisions a and b; and
d. The compact privileges are reinstated by the commission, and the compact data
system is updated to reflect reinstatement.
9. If a licensee's compact privilege in any remote state is removed due to an erroneous
charge, privileges must be restored through the compact data system.
10. If the requirements of subsection 8 have been met, the licensee must meet the
requirements in subsection 1 to obtain a compact privilege in a remote state.