43-40.1-04. Compact privilege

43-40.1-04. Compact privilege

1. To exercise the compact privilege under the terms and provisions of the compact, the

licensee shall:

a. Hold a license in the home state;

b. Have a valid United States social security number or national practitioner

identification number;

c. Have no encumbrance on any state license;

d. Be eligible for a compact privilege in any member state in accordance with

subsections 4, 6, 7, and 8;

e. Have paid all fines and completed all requirements resulting from any adverse

action against any license or compact privilege, and two years have elapsed from

the date of completing the requirements;

f. Notify the commission that the licensee is seeking the compact privilege within a

remote state;

g. Pay any applicable fee, including any state fee, for the compact privilege;

h. Complete a criminal background check in accordance with subdivision e of

subsection 1 of section 43-40.1-03. The licensee shall be responsible for the

payment of any fee associated with the completion of a criminal background

check;

i. Meet any jurisprudence requirement established by the remote state in which the

licensee is seeking a compact privilege; and

j Report adverse action taken by any nonmember state to the commission within

thirty days from the date the adverse action is taken.

2. The compact privilege is valid until the expiration date of the home state license. The

licensee must comply with the requirements of subsection 1 to maintain the compact

privilege in the remote state.

3. A licensee providing occupational therapy in a remote state under the compact

privilege shall function within the laws and regulations of the remote state.

4. Occupational therapy assistants practicing in a remote state must be supervised by an

occupational therapist licensed or holding a compact privilege in that remote state.

5. A licensee providing occupational therapy in a remote state is subject to that state's

regulatory authority. A remote state may, in accordance with due process and that

state's laws, remove a licensee's compact privilege in the remote state for a specific

period of time, impose fines, and take any other necessary actions to protect the

health and safety of the remote state's citizens. The licensee may be ineligible for a

compact privilege in any state until the specific time for removal has passed and all

fines are paid.

6. If a home state license is encumbered, the licensee loses the compact privilege in any

remote state until:

a. The home state license is no longer encumbered; and

b. Two years have elapsed from the date on which the home state license is no

longer encumbered in accordance with subdivision a.

7. If an encumbered license in the home state is restored to good standing, the licensee

must meet the requirements of subsection 1 to obtain a compact privilege in any

remote state.

8. If a licensee's compact privilege in any remote state is removed, the licensee may lose

the compact privilege in any other remote state until:

a. The specific period of time for which the compact privilege was removed has

ended;

b. All fines have been paid and all conditions have been met;

c. Two years have elapsed from the date of completing the requirements under

subdivisions a and b; and

d. The compact privileges are reinstated by the commission, and the compact data

system is updated to reflect reinstatement.

9. If a licensee's compact privilege in any remote state is removed due to an erroneous

charge, privileges must be restored through the compact data system.

10. If the requirements of subsection 8 have been met, the licensee must meet the

requirements in subsection 1 to obtain a compact privilege in a remote state.