# N.D. Cent. Code § 43-40.1-07: 43-40.1-07. Adverse actions > North Dakota · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ND_T43_C43-40.1_S43-40.1-07 ## Section - **Citation:** N.D. Cent. Code § 43-40.1-07 - **Heading:** 43-40.1-07. Adverse actions - **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 43-40.1-07 ## Text 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. ## 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_S43-40.1-07. Check the current official text before relying on it. Not legal advice.