99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-40.1-01 Purpose
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1. The purpose of this compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient is located at the time of the patient …
N.D.C.C. § 43-40.1-02 Definitions
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As used in this compact: 1. "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders under 10 U.S.C. chapter 1209 and 10 U.S.C. chapter 1211. 2. "Adverse acti…
N.D.C.C. § 43-40.1-03 State participation in the compact
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1. To participate in the compact, a member state shall: a. License occupational therapists and occupational therapy assistants; b. Participate fully in the commission's data system, including using the commission's unique identifier as defined in rules of the commission; c. Have …
N.D.C.C. § 43-40.1-04 Compact privilege
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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 li…
N.D.C.C. § 43-40.1-05 Obtaining a new home state license by virtue of compact privilege
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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 resid…
N.D.C.C. § 43-40.1-06 Active duty military personnel or their spouses
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Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a hom…
N.D.C.C. § 43-40.1-07 Adverse actions
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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 …
N.D.C.C. § 43-40.1-08 Establishment of the occupational therapy compact commission
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1. The compact member states hereby create and establish a joint public agency known as the occupational therapy compact commission. a. The commission is an instrumentality of the compact states. b. Venue is proper and judicial proceedings by or against the commission must be bro…
N.D.C.C. § 43-40.1-09 Data system
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1. The commission shall provide for the development, maintenance, and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. 2. A member state shall submit a uniform data…
N.D.C.C. § 43-40.1-10 Rulemaking
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1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments become binding as of the date specified in each rule or amendment. 2. The commission shall adopt rules in order to effe…
N.D.C.C. § 43-40.1-11 Oversight, dispute resolution, and enforcement
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1. Oversight. a. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules adop…
N.D.C.C. § 43-40.1-13 Construction and severability
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This compact must be liberally construed to effectuate the purposes of the compact. The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United S…
N.D.C.C. § 43-40.1-14 Binding effect of compact and other laws
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1. A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. 2. This compact does not prevent the enforcement of any other law of a member state which is not inconsistent with the co…