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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - North Dakota Century Code Title 43. Occupations and Professions § 43-40.1-04. Compact privilege - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-43-occupations-and-professions/nd-cent-code-sect-43-40-1-04/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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