§ 33-40-209 — [SECTION 7] Adverse actions

(a) A home state shall have exclusive power to impose
adverse action against an occupational therapist's or
occupational therapy assistant's license issued by the home
state.
(b) In addition to the other powers conferred by state
law, a remote state shall have the authority, in accordance with
existing state due process law, to:
(i) Take adverse action against an occupational
therapist's or occupational therapy assistant's compact
privilege within that member state;
(ii) Issue subpoenas for both hearings and
investigations that require the attendance and testimony of
witnesses as well as the production of evidence. Subpoenas
issued by a licensing board in a member state for the attendance
and testimony of witnesses or the production of evidence from
another member state shall be enforced in the latter state by
any court of competent jurisdiction, according to the practice
and procedure of that court applicable to subpoenas issued in
proceedings pending before it. The issuing authority shall pay
any witness fees, travel expenses, mileage and other fees
required by the service statutes of the state in which the
witnesses or evidence are located.
(c) For purposes of taking adverse action, the home state
shall give the same priority and effect to reported conduct
received from a member state as it would if the conduct had
occurred within the home state. In so doing, the home state
shall apply its own state laws to determine appropriate action.
(d) The home state shall complete any pending
investigations of an occupational therapist or occupational
therapy assistant who changes primary state of residence during
the course of the investigations. The home state, where the
investigations were initiated, shall also have the authority to
take appropriate action and shall promptly report the
conclusions of the investigations to the OT compact commission
data system. The occupational therapy compact commission data
system administrator shall promptly notify the new home state of
any adverse actions.
(e) A member state, if otherwise permitted by state law,
may recover from the affected occupational therapist or
occupational therapy assistant the costs of investigations and
disposition of cases resulting from any adverse action taken
against that occupational therapist or occupational therapy
assistant.
(f) A member state may take adverse action based on the
factual findings of the remote state, provided that the member
state follows its own procedures for taking the adverse action.
(g) Joint investigations:
(i) In addition to the authority granted to a member
state by its respective state occupational therapy laws and
regulations or other applicable state law, any member state may
participate with other member states in joint investigations of
licensees;
(ii) Member states shall share any investigative,
litigation or compliance materials in furtherance of any joint
or individual investigation initiated under the compact.
(h) If an adverse action is taken by the home state
against an occupational therapist's or occupational therapy
assistant's license, the occupational therapist's or
occupational therapy assistant's compact privilege in all other
member states shall be deactivated until all encumbrances have
been removed from the state license. All home state disciplinary
orders that impose adverse action against an occupational
therapist's or occupational therapy assistant's license shall
include a statement that the occupational therapist's or
occupational therapy assistant's compact privilege is
deactivated in all member states during the pendency of the
order.
(j) If a Member State takes Adverse Action, it shall
promptly notify the administrator of the data system. The
administrator of the data system shall promptly notify the home
state of any adverse actions by remote states.
(k) Nothing in this compact shall override a member
state's decision that participation in an alternative program
may be used in lieu of adverse action.