43-40.1-07. Adverse actions

43-40.1-07. Adverse actions

1. A home state has exclusive power to impose adverse action against an occupational

therapist's or occupational therapy assistant's license issued by the home state.

2. In addition to the other powers conferred by state law, a remote state may:

a. Take adverse action against an occupational therapist's or occupational therapy

assistant's compact privilege within that member state.

b. Issue a subpoena for hearings and investigations that require the attendance and

testimony of witnesses as well as the production of evidence. A subpoena issued

by a licensing board in a member state for the attendance and testimony of

witnesses or the production of evidence from another member state must be

enforced in the latter state by any court of competent jurisdiction, according to the

practice and procedure of that court applicable to subpoenas issued in

proceedings pending before the court. The issuing authority shall pay any witness

fees, travel expenses, mileage, and other fees required by the service statutes of

the state in which the witnesses or evidence are located.

3. For purposes of taking adverse action, the home state shall give the same priority and

effect to reported conduct received from a member state as it would if the conduct had

occurred within the home state. In so doing, the home state shall apply its own state

laws to determine appropriate action.

4. The home state shall complete any pending investigation of an occupational therapist

or occupational therapy assistant who changes primary state of residence during the

course of the investigation. The home state, where the investigation was initiated may

take appropriate action and shall promptly report the conclusion of the investigation to

the occupational therapy compact commission data system. The occupational therapy

compact commission data system administrator shall promptly notify the new home

state of any adverse action.

5. A member state, if otherwise permitted by state law, may recover from the affected

occupational therapist or occupational therapy assistant the cost of an investigation

and disposition of a case resulting from any adverse action taken against that

occupational therapist or occupational therapy assistant.

6. A member state may take adverse action based on the factual findings of the remote

state, provided the member state follows its own procedures for taking the adverse

action.

7. Joint investigations:

a. In addition to the authority granted to a member state by its respective state

occupational therapy laws and regulations or other applicable state law, any

member state may participate with other member states in joint investigations of

licensees.

b. Member states shall share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under the compact.

8. If an adverse action is taken by the home state against an occupational therapist's or

occupational therapy assistant's license, the occupational therapist's or occupational

therapy assistant's compact privilege in all other member states must be deactivated

until all encumbrances have been removed from the state license. All home state

disciplinary orders that impose adverse action against an occupational therapist's or

occupational therapy assistant's license must include a statement that the

occupational therapist's or occupational therapy assistant's compact privilege is

deactivated in all member states during the pendency of the order.

9. If a member state takes adverse action, the member state shall promptly notify the

administrator of the data system. The administrator of the data system shall promptly

notify the home state of any adverse action by a remote state.

10. This compact does not override a member state's decision that participation in an

alternative program may be used in lieu of adverse action.