43-40.1-02. Definitions

43-40.1-02. Definitions

As used in this compact:

1. "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 under 10 U.S.C. chapter 1209 and 10 U.S.C. chapter 1211.

2. "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, including censure, revocation, suspension,

probation, monitoring of the licensee, or restriction on the licensee's practice.

3. "Alternative program" means a nondisciplinary monitoring process approved by an

occupational therapy licensing board.

4. "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 is located at the time of the patient encounter.

5. "Continuing education" means a requirement, as a condition of license renewal, to

provide evidence of participation in, or completion of, educational and professional

activities relevant to practice or area of work.

6. "Current significant investigative information" means investigative information 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.

7. "Data system" means a repository of information about licensees, including license

status, investigative information, compact privileges, and adverse actions.

8. "Encumbered license" means a license in which an adverse action restricts the

practice of occupational therapy by the licensee or the adverse action has been

reported to the national practitioner data bank.

9. "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.

10. "Home state" means the member state that is the licensee's primary state of

residence.

11. "Impaired practitioner" means an individual whose professional practice is adversely

affected by substance abuse, addiction, or other health-related condition.

12. "Investigative information" means information, records, or documents received or

generated by an occupational therapy licensing board pursuant to an investigation.

13. "Jurisprudence requirement" means the assessment of an individual's knowledge of

the laws and rules governing the practice of occupational therapy in a state.

14. "Licensee" means an individual who currently holds an authorization from the state to

practice as an occupational therapist or as an occupational therapy assistant.

15. "Member state" means a state that has enacted this compact.

16. "Occupational therapist" means an individual who is licensed by a state to practice

occupational therapy.

17. "Occupational therapy", "occupational therapy practice", and the "practice of

occupational therapy" mean the care and services provided by an occupational

therapist or an occupational therapy assistant as provided under the member state's

statutes and regulations.

18. "Occupational therapy assistant" means an individual who is licensed by a state to

assist in the practice of occupational therapy.

19. "Occupational therapy compact commission" or "commission" means the national

administrative body whose membership consists of all states that have enacted this

compact.

ional therapy assistant as provided under the member state's

statutes and regulations.

18. "Occupational therapy assistant" means an individual who is licensed by a state to

assist in the practice of occupational therapy.

19. "Occupational therapy compact commission" or "commission" means the national

administrative body whose membership consists of all states that have enacted this

compact.

20. "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.

21. "Primary state of residence" 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

provided under commission rules.

22. "Remote state" means a member state other than the home state, where a licensee is

exercising or seeking to exercise the compact privilege.

23. "Rule" means a regulation adopted by the commission which has the force of law.

24. "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.

25. "State" means any state, commonwealth, district, or territory of the United States of

America that regulates the practice of occupational therapy.

26. "Telehealth" means the application of telecommunication technology to deliver

occupational therapy services for assessment, intervention, or consultation.