§ 43-40.1-08 — Establishment of the occupational therapy compact commission

North Dakota § 43-40.1-08

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

Text

1. The compact member states hereby create and establish a joint public agency known
as the occupational therapy compact commission.
a. The commission is an instrumentality of the compact states.
b. Venue is proper and judicial proceedings by or against the commission must be
brought exclusively in a court of competent jurisdiction where the principal office
of the commission is located. The commission may waive venue and jurisdictional
defenses to the extent the commission adopts or consents to participate in
alternative dispute resolution proceedings.
c. This compact may not be construed to be a waiver of sovereign immunity.
2. Membership, voting, and meetings.
a. Each member state has and is limited to one delegate selected by that member
state's licensing board.
b. The delegate must be:
(1) A current member of the licensing board, who is an occupational therapist,
occupational therapy assistant, or public member; or
(2) An administrator of the licensing board.
c. A delegate may be removed or suspended from office as provided by the law of
the state from which the delegate is appointed.
d. The member state board shall fill any vacancy occurring in the commission within
ninety days.
e. Each delegate is entitled to one vote with regard to the adoption of rules and
creation of bylaws and must have an opportunity to participate in the business
and affairs of the commission. A delegate shall vote in person or by any other
means provided in the bylaws. The bylaws may provide for delegates'
participation in meetings by telephone or other means of communication.
f. The commission shall meet at least once during each calendar year. Additional
meetings must be held as provided in the bylaws.
g. The commission shall establish by rule a term of office for delegates.
3. The commission has the power and duty to:

a. Establish a code of ethics for the commission.
b. Establish the fiscal year of the commission.
c. Establish bylaws.
d. Maintain financial records in accordance with the bylaws.
e. Meet and take actions consistent with the provisions of this compact and the
bylaws.
f. Adopt uniform rules to facilitate and coordinate implementation and administration
of this compact. The rules have the force and effect of law and are binding in all
member states.
g. Bring and prosecute legal proceedings or actions in the name of the commission,
provided the standing of any state occupational therapy licensing board to sue or
be sued under applicable law is not affected.
h. Purchase and maintain insurance and bonds.
i. Borrow, accept, or contract for services of personnel, including employees of a
member state.
j. Hire employees, elect or appoint officers, fix compensation, define duties, grant
the individuals appropriate authority to carry out the purposes of the compact,
and establish the commission's personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other related personnel
matters.
k. Accept any and all appropriate donations and grants of money, equipment,
supplies, materials and services, and receive, use and dispose of the same;
provided that at all times the commission avoids any appearance of impropriety
and conflict of interest.
l. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
improve, or use any property; real, personal, or mixed; provided the commission
avoids any appearance of impropriety.
m. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property; real, personal, or mixed.
n. Establish a budget and make expenditures.
o. Borrow money.
p. Appoint committees, including standing committees composed of members, state
regulators, state legislators or their representatives, and consumer
representatives, and other interested persons as designated in this compact and
the bylaws.
q. Provide and receive information from, and cooperate with, law enforcement
agencies.
r. Establish and elect an executive committee.
s. Perform other functions as necessary or appropriate to achieve the purposes of
this compact consistent with the state regulation of occupational therapy licensure
and practice.
4. The executive committee.
a. The executive committee has the power to act on behalf of the commission
according to the terms of this compact.
b. The executive committee is composed of nine members:
(1) Seven voting members who are elected by the commission from the current
membership of the commission;
(2) One ex-officio, nonvoting member from a recognized national occupational
therapy professional association; and
(3) One ex-officio, nonvoting member from a recognized national occupational
therapy certification organization.
c. The ex-officio members will be selected by their respective organizations.
d. The commission may remove any member of the executive committee as
provided in bylaws.
e. The executive committee shall:
(1) Meet at least annually;

(2) Recommend to the entire commission changes to the rules or bylaws,
changes to this compact legislation, fees paid by compact member states
including, annual dues, and any commission compact fee charged to
licensees for the compact privilege;
(3) Ensure compact administration services are appropriately provided,
contractual or otherwise;
(4) Prepare and recommend the budget;
(5) Maintain financial records on behalf of the commission;
(6) Monitor compact compliance of member states and provide compliance
reports to the commission;
(7) Establish additional committees as necessary; and
(8) Perform other duties as provided in rules or bylaws.
5. Meetings of the commission.
a. All meetings must be open to the public, and public notice of meetings must be
given in the same manner as required under the rulemaking provisions in section