§ 33-40-204 — [SECTION 2] Definitions

(a) As used in this compact, and except as otherwise
provided, the following definitions shall apply:
(i) "Active duty military" means full-time duty
status in the active uniformed service of the United States,
including members of the national guard and reserve on active
duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C.
Chapter 1211;
(ii) "Adverse action" means any administrative,
civil, equitable or criminal action permitted by a state's laws
which is imposed by a licensing board or other authority against
an occupational therapist or occupational therapy assistant,
including actions against an individual's license or compact
privilege such as censure, revocation, suspension, probation,
monitoring of the licensee or restriction on the licensee's
practice;
(iii) "Alternative program" means a non-disciplinary
monitoring process approved by an occupational therapy licensing
board;
(iv) "Compact privilege" means the authorization,
which is equivalent to a license, granted by a remote state to
allow a licensee from another member state to practice as an
occupational therapist or practice as an occupational therapy
assistant in the remote state under its laws and rules. The
practice of occupational therapy occurs in the member state
where the patient or client is located at the time of the
patient or client encounter;
(v) "Continuing competence" or "continuing education"
means a requirement, as a condition of license renewal, to
provide evidence of completion of educational and professional
activities relevant to practice or area of work;
(vi) "Current significant investigative information"
means investigative information that a licensing board, after an
inquiry or investigation that includes notification and an
opportunity for the occupational therapist or occupational
therapy assistant to respond, if required by state law, has
reason to believe is not groundless and, if proved true, would
indicate more than a minor infraction;
(vii) "Data system" means a repository of information
about licensees, including but not limited to license status,
investigative information, compact privileges, and adverse
actions;
(viii) "Encumbered license" means a license in which
an adverse action restricts the practice of occupational therapy
by the licensee or said adverse action has been reported to the
National Practitioners Data Bank (NPDB);
(ix) "Executive committee" means a group of directors
elected or appointed to act on behalf of, and within the powers
granted to them by, the commission;
(x) "Home state" means the member state that is the
licensee's primary state of residence;
(xi) "Impaired practitioner" means individuals whose
professional practice is adversely affected by substance abuse,
addiction or other health-related conditions;
(xii) "Investigative information" means information,
records or documents received or generated by an occupational
therapy licensing board pursuant to an investigation;
(xiii) "Jurisprudence requirement" means the
assessment of an individual's knowledge of the laws and rules
governing the practice of occupational therapy in a state;
(xiv) "Licensee" means an individual who currently
holds an authorization from the state to practice as an
occupational therapist or as an occupational therapy assistant;
(xv) "Member state" means a state that has enacted
the compact;
(xvi) "Occupational therapist" means an individual
who is licensed by a state to practice occupational therapy;
(xvii) "Occupational therapy assistant" means an
individual who is licensed by a state to assist in the practice
of occupational therapy;
(xviii) "Occupational therapy," "occupational therapy
practice," and the "practice of occupational therapy" means the
care and services provided by an occupational therapist or an
occupational therapy assistant as set forth in the member
state's statutes and regulations;
(xix) "Occupational therapy compact commission" or
"commission" means the national administrative body whose
membership consists of all states that have enacted the compact;
(xx) "Occupational therapy licensing board" or
"licensing board" means the agency of a state that is authorized
to license and regulate occupational therapists and occupational
therapy assistants;
(xxi) "Primary state of residence" or "home state"
means the state in which an occupational therapist or
occupational therapy assistant who is not active duty military
declares a primary residence for legal purposes as verified by a
driver's license, federal income tax return, lease, deed,
mortgage or voter registration or other verifying documentation
as further defined by commission rules;
(xxii) "Remote state" means a member state other than
the home state, where a licensee is exercising or seeking to
exercise the compact privilege;
(xxiii) "Rule" means a regulation promulgated by the
commission that has the force of law;
(xxiv) "State" means any state, commonwealth,
district or territory of the United States of America that
regulates the practice of occupational therapy;
(xxv) "Single-state license" means an occupational
therapist or occupational therapy assistant license issued by a
member state that authorizes practice only within the issuing
state and does not include a compact privilege in any other
member state;
(xxvi) "Telehealth" means the application of
telecommunication technology to deliver occupational therapy
services for assessment, intervention or consultation.