43-40.1-05. Obtaining a new home state license by virtue of compact privilege

43-40.1-05. Obtaining a new home state license by virtue of compact privilege

1. An occupational therapist or occupational therapy assistant may hold a home state

license, which allows for compact privileges in member states, in only one member

state at a time.

2. If an occupational therapist or occupational therapy assistant changes primary state of

residence by moving between two member states:

a. The occupational therapist or occupational therapy assistant shall file an

application for obtaining a new home state license by virtue of a compact

privilege, pay all applicable fees, and notify the current and new home state in

accordance with applicable rules adopted by the commission.

b. Upon receipt of an application for obtaining a new home state license by virtue of

compact privilege, the new home state shall verify the occupational therapist or

occupational therapy assistant meets the pertinent criteria outlined in section

43-40.1-04 through the data system, without need for primary source verification

except for:

(1) A federal bureau of investigation fingerprint-based criminal background

check if not previously performed or updated pursuant to applicable rules

adopted by the commission in accordance with Public Law 92-544;

(2) Any other criminal background check as required by the new home state;

and

(3) Submission of any requisite jurisprudence requirements of the new home

state.

c. The former home state shall convert the former home state license into a

compact privilege once the new home state has activated the new home state

license in accordance with applicable rules adopted by the commission.

d. Notwithstanding any other provision of this compact, if the occupational therapist

or occupational therapy assistant cannot meet the criteria in section 43-40.1-04,

the new home state shall apply its requirements for issuing a new single-state

license.

e. The occupational therapist or the occupational therapy assistant shall pay all

applicable fees to the new home state in order to be issued a new home state

license.

3. If an occupational therapist or occupational therapy assistant changes primary state of

residence by moving from a member state to a nonmember state, or from a

nonmember state to a member state, the state criteria applies for issuance of a single-

state license in the new state.

4. Nothing in this compact shall interfere with a licensee's ability to hold a single-state

license in multiple states. For the purposes of this compact, a licensee only may have

one home state license.

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

issuance of a single-state license.