43-40.1-03. State participation in the compact

43-40.1-03. State participation in the compact

1. To participate in the compact, a member state shall:

a. License occupational therapists and occupational therapy assistants;

b. Participate fully in the commission's data system, including using the

commission's unique identifier as defined in rules of the commission;

c. Have a mechanism in place for receiving and investigating complaints about

licensees;

d. Notify the commission, in compliance with the terms of the compact and rules, of

any adverse action or the availability of investigative information regarding a

licensee;

e. Implement or use procedures for considering the criminal history records of

applicants for an initial compact privilege. The procedures shall include the

submission of fingerprints or other biometric-based information by applicants for

the purpose of obtaining an applicant's criminal history record information from

the federal bureau of investigation and the agency responsible for retaining that

state's criminal records.

(1) A member state shall, within a time frame established by the commission,

require a criminal background check for a licensee applying for a compact

privilege whose primary state of residence is that member state, by

receiving the results of the federal bureau of investigation criminal record

search, and shall use the results in making licensure decisions.

(2) Communication between a member state, the commission, and among

member states regarding the verification of eligibility for licensure through

the compact may not include any information received from the federal

bureau of investigation relating to a federal criminal records check

performed by a member state under Public Law 92-544;

f. Comply with the rules of the commission;

g. Use only a recognized national examination as a requirement for licensure

pursuant to the rules of the commission; and

h. Have continuing education requirements as a condition for license renewal.

2. A member state shall grant the compact privilege to a licensee holding a valid

unencumbered license in another member state in accordance with the terms of the

compact and rules.

3. Member states may charge a fee for granting a compact privilege.

4. A member state shall provide for the state's delegate to attend all occupational therapy

compact commission meetings.

5. An individual not residing in a member state shall continue to be able to apply for a

member state's single-state license as provided under the laws of each member state.

The single-state license granted to the individual may not be recognized as granting

the compact privilege in any other member state.

6. This compact does not affect the requirements established by a member state for the

issuance of a single-state license.