North DakotaSB 21462025 Regular SessionSenateWALLET

AN ACT to create and enact chapter 43-40.1 of the North Dakota Century Code, relating to the occupational therapy licensure compact.

Sponsored By: Kristin Roers (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Moving or military, easier license transfer

If you move to another member state, you can convert your status and get a new home‑state license. Apply, pay fees, and tell both states; the new state verifies eligibility through the compact system. If you do not meet compact criteria, you get a single‑state license. Active‑duty service members and spouses may keep their home‑state license during active duty. After active duty, you change home state by applying or using the compact transfer process.

Keep or lose your compact privilege

Your home state controls your license, but any remote state can act on your compact privilege there. If your home‑state license is encumbered, your compact privileges deactivate in all states until you clear the encumbrance and two years have passed after completing all terms. Remote states may remove privileges for a set time and fine you. Reinstatement needs the waiting period, payment of fines, and updates in the compact data system. Member states can issue subpoenas, run joint investigations, share files, and must treat out‑of‑state reports like in‑state ones and finish investigations even after you move.

Work across states with one OT license

This law creates an interstate compact for occupational therapy. If you hold a valid, unencumbered OT or OTA license in a member state, you can get a compact privilege to work in other member states. Care is considered delivered where the patient is, and you must follow that state’s laws and rules. To qualify, you need a home‑state license, a U.S. Social Security number or national practitioner ID, no encumbrances, a criminal background check, any required state jurisprudence, and payment of fees. If you had prior discipline, you must finish all terms and wait two years. A compact privilege lasts until your home‑state license expires. OTAs practicing remotely must be supervised by an OT who is licensed or holds a compact privilege in that state. The compact takes effect once ten states enact it.

States share OT license and discipline data

The compact commission runs a shared database on licenses, denials, alternative program participation (nonconfidential), adverse actions, and current investigations. Member states must license both OTs and OTAs, send a uniform data set, and keep complaint and investigation systems. States must complete FBI and state criminal background checks with fingerprints or biometrics on compact applicants, on the commission’s timeline. Investigative data is shared only among member states unless the source state allows public release, and expunged items must be removed.

Compact commission powers, rules, and funding

The law creates the Occupational Therapy Compact Commission to run the compact. The commission adopts binding rules with public notice and hearings, keeps a budget, hires staff, and may accept grants. It may assess member states or charge fees to cover costs and must keep audited records. Member states must enforce the compact; the commission can mediate disputes, intervene in cases, and sue a defaulting state. The compact takes effect when ten states enact it; later joiners follow existing rules, and a state can withdraw six months after repeal.

Sponsors & Cosponsors

Sponsor

  • Kristin Roers

    Republican • Senate

Cosponsors

  • Kathy Frelich

    Republican • House

  • Dawson Holle

    Republican • House

  • Emily O'Brien

    Republican • House

  • Matthew Ruby

    Republican • House

  • Jeff Barta

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 137 • No: 0

House vote 3/27/2025

Second reading, passed, yeas 90 nays 0

Yes: 90 • No: 0

Senate vote 1/17/2025

Second reading, passed, yeas 47 nays 0

Yes: 47 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 04/03

    4/4/2025House
  2. Signed by Governor 04/02

    4/3/2025Senate
  3. Sent to Governor

    4/1/2025Senate
  4. Signed by President

    4/1/2025Senate
  5. Signed by Speaker

    4/1/2025House
  6. Returned to Senate

    3/28/2025Senate
  7. Second reading, passed, yeas 90 nays 0

    3/27/2025House
  8. Reported back, do pass, place on calendar 12 0 2

    3/24/2025House
  9. Committee Hearing 09:00

    3/24/2025House
  10. Introduced, first reading, referred Industry, Business and Labor Committee

    2/13/2025House
  11. Received from Senate

    1/20/2025House
  12. Second reading, passed, yeas 47 nays 0

    1/17/2025Senate
  13. Reported back, do pass, place on calendar 5 0 0

    1/16/2025Senate
  14. Committee Hearing 10:00

    1/16/2025Senate
  15. Introduced, first reading, referred Workforce Development Committee

    1/7/2025Senate

Bill Text

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