(i) “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(j) “Home state” means the member state that is the licensee's primary state of residence.
(k) “Impaired practitioner” means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.
(L) “Investigative information” means information, records, and/or documents received or generated by an occupational therapy licensing board pursuant to an investigation.
(m) “Jurisprudence requirement” means the assessment of an individual's knowledge of the laws and rules governing the practice of occupational therapy in a state.
(n) “Licensee” means an individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant.
(o) “Member state” means a state that has enacted the compact.
(p) “Occupational therapist” means an individual who is licensed by a state to practice occupational therapy.
(q) “Occupational therapy assistant” means an individual who is licensed by a state to assist in the practice of occupational therapy.
(r) “Occupational therapy,” “occupational therapy practice,” and the “practice of occupational therapy” mean the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state's statutes and regulations.
(s) “Occupational therapy compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.
(t) “Occupational therapy licensing board” or “licensing board” means the agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants.
(u) “Primary state of residence” means the state (also known as the home state) in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by: driver's license, federal income tax return, lease, deed, mortgage, or voter registration or other verifying documentation as further defined by commission rules.
(v) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
(w) “Rule” means a regulation promulgated by the commission that has the force of law.
(x) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of occupational therapy.
(y) “Single-state license” means an occupational therapist or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state.
(z) “Telehealth” means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention and/or consultation.
(3) State participation in the compact. (a) To participate in the compact, a member state shall:
1. License occupational therapists and occupational therapy assistants;
2. Participate fully in the commission's data system, including but not limited to using the commission's unique identifier as defined in rules of the commission;
3. Have a mechanism in place for receiving and investigating complaints about licensees;
4. Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
5. Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records;
a. A member state shall, within a time frame established by the commission, require a criminal background check for a licensee seeking/applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the federal bureau of investigation criminal record search, and shall use the results in making licensure decisions.
b. Communication between a member state, the commission or among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under P.L. 92-544.
6. Comply with the rules of the commission;
7. Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and
8. Have continuing competence/education requirements as a condition for license renewal.