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(r) “Occupational therapy,” “occupational therapy practice,” and the “practice
16of occupational therapy” mean the care and services provided by an occupational
17therapist or an occupational therapy assistant as set forth in the member state's
18statutes and regulations.
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(s) “Occupational therapy compact commission” or “commission” means the
20national administrative body whose membership consists of all states that have
21enacted the compact.
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(t) “Occupational therapy licensing board” or “licensing board” means the
23agency of a state that is authorized to license and regulate occupational therapists
24and occupational therapy assistants.
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1(u) “Primary state of residence” means the state (also known as the home state)
2in which an occupational therapist or occupational therapy assistant who is not
3active duty military declares a primary residence for legal purposes as verified by:
4driver's license, federal income tax return, lease, deed, mortgage, or voter
5registration or other verifying documentation as further defined by commission
6rules.
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(v) “Remote state” means a member state other than the home state, where a
8licensee is exercising or seeking to exercise the compact privilege.
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(w) “Rule” means a regulation promulgated by the commission that has the
10force of law.
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(x) “State” means any state, commonwealth, district, or territory of the United
12States of America that regulates the practice of occupational therapy.
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(y) “Single-state license” means an occupational therapist or occupational
14therapy assistant license issued by a member state that authorizes practice only
15within the issuing state and does not include a compact privilege in any other
16member state.
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(z) “Telehealth” means the application of telecommunication technology to
18deliver occupational therapy services for assessment, intervention and/or
19consultation.
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20(3) State participation in the compact. (a) To participate in the compact, a
21member state shall:
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1. License occupational therapists and occupational therapy assistants;
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2. Participate fully in the commission's data system, including but not limited
24to using the commission's unique identifier as defined in rules of the commission;
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13. Have a mechanism in place for receiving and investigating complaints about
2licensees;
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4. Notify the commission, in compliance with the terms of the compact and
4rules, of any adverse action or the availability of investigative information regarding
5a licensee;
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5. Implement or utilize procedures for considering the criminal history records
7of applicants for an initial compact privilege. These procedures shall include the
8submission of fingerprints or other biometric-based information by applicants for
9the purpose of obtaining an applicant's criminal history record information from the
10federal bureau of investigation and the agency responsible for retaining that state's
11criminal records;
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a. A member state shall, within a time frame established by the commission,
13require a criminal background check for a licensee seeking/applying for a compact
14privilege whose primary state of residence is that member state, by receiving the
15results of the federal bureau of investigation criminal record search, and shall use
16the results in making licensure decisions.
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b. Communication between a member state, the commission or among member
18states regarding the verification of eligibility for licensure through the compact shall
19not include any information received from the federal bureau of investigation
20relating to a federal criminal records check performed by a member state under P.L.
2192-544.
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6. Comply with the rules of the commission;
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7. Utilize only a recognized national examination as a requirement for
24licensure pursuant to the rules of the commission; and
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18. Have continuing competence/education requirements as a condition for
2license renewal.
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(b) A member state shall grant the compact privilege to a licensee holding a
4valid unencumbered license in another member state in accordance with the terms
5of the compact and rules.
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(c) Member states may charge a fee for granting a compact privilege.
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(d) A member state shall provide for the state's delegate to attend all
8occupational therapy compact commission meetings.
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(e) Individuals not residing in a member state shall continue to be able to apply
10for a member state's single-state license as provided under the laws of each member
11state. However, the single-state license granted to these individuals shall not be
12recognized as granting the compact privilege in any other member state.
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(f) Nothing in this compact shall affect the requirements established by a
14member state for the issuance of a single-state license.
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15(4) Compact privilege. (a) To exercise the compact privilege under the terms
16and provisions of the compact, the licensee shall:
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1. Hold a license in the home state;
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2. Have a valid United States social security number or national practitioner
19identification number;
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3. Have no encumbrance on any state license;