# N.D. Cent. Code § 43-40.1-05: 43-40.1-05. Obtaining a new home state license by virtue of compact privilege > North Dakota · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-05 ## Section - **Citation:** N.D. Cent. Code § 43-40.1-05 - **Heading:** 43-40.1-05. Obtaining a new home state license by virtue of compact privilege - **Jurisdiction:** North Dakota - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-05 ## Text 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. ## Nearby sections - [N.D. Cent. Code § 43-40.1-01 43-40.1-01. Purpose](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-01.md) - [N.D. Cent. Code § 43-40.1-02 43-40.1-02. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-02.md) - [N.D. Cent. Code § 43-40.1-03 43-40.1-03. State participation in the compact](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-03.md) - [N.D. Cent. Code § 43-40.1-04 43-40.1-04. Compact privilege](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-04.md) - [N.D. Cent. Code § 43-40.1-05 43-40.1-05. Obtaining a new home state license by virtue of compact privilege](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-05.md) - [N.D. Cent. Code § 43-40.1-06 43-40.1-06. Active duty military personnel or their spouses](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-06.md) - [N.D. Cent. Code § 43-40.1-07 43-40.1-07. Adverse actions](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-07.md) - [N.D. Cent. Code § 43-40.1-08 43-40.1-08. Establishment of the occupational therapy compact commission](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-08.md) - [N.D. Cent. Code § 43-40.1-09 43-40.1-09. Data system](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-09.md) - [N.D. Cent. Code § 43-40.1-10 43-40.1-10. Rulemaking](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-10.md) - [N.D. Cent. Code § 43-40.1-11 43-40.1-11. Oversight, dispute resolution, and enforcement](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-11.md) - [N.D. Cent. Code § 43-40.1-12 43-40.1-12. Date of implementation of the interstate compact for occupational therapy practice and associated rules, withdrawal, and amendment](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-12.md) - [N.D. Cent. Code § 43-40.1-13 43-40.1-13. Construction and severability](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-13.md) - [N.D. Cent. Code § 43-40.1-14 43-40.1-14. Binding effect of compact and other laws](https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-14.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-05. Check the current official text before relying on it. Not legal advice.