2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 32: OCCUPATIONAL THERAPY PRACTICE › Subchapter 2: OCCUPATIONAL THERAPY LICENSURE COMPACT › 32 §2289. State participation in compact (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See T. 32, §2298, sub-§1)

§2289. State participation in compact
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See T. 32, §2298, sub-§1)
1.  Participation in compact.
To participate in the compact, a member state shall:
A. License occupational therapists and occupational therapy assistants;   [PL 2021, c. 324, §2 (NEW).]
B. 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;   [PL 2021, c. 324, §2 (NEW).]
C. Have a mechanism in place for receiving and investigating complaints about licensees;   [PL 2021, c. 324, §2 (NEW).]
D. 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;   [PL 2021, c. 324, §2 (NEW).]
E. Implement or use procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures must 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.
(1) A member state shall within a time frame established by the commission require a criminal background check for a licensee 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.
(2) Communication with the commission and among member states regarding the verification of eligibility for licensure through the compact may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriations Act, 1973, Title II, Public Law 92-544 (1972);   [PL 2021, c. 324, §2 (NEW).]
F. Comply with the rules of the commission;   [PL 2021, c. 324, §2 (NEW).]
G. Use only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and   [PL 2021, c. 324, §2 (NEW).]
H. Have continuing education requirements as a condition for license renewal.   [PL 2021, c. 324, §2 (NEW).]
[PL 2021, c. 324, §2 (NEW).]
2.  Compact privilege.
A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
[PL 2021, c. 324, §2 (NEW).]
3.  Fee.
A member state may charge a fee for granting a compact privilege.
[PL 2021, c. 324, §2 (NEW).]
4.  Delegate to commission.
A member state shall provide for the state's delegate to attend all occupational therapy compact commission meetings.
[PL 2021, c. 324, §2 (NEW).]
5.  Nonresidents.
An individual not residing in a member state is able to apply for a member state's single-state license as provided under the laws of that member state. However, the single-state license granted to these individuals may not be recognized as granting the compact privilege in any other member state.
[PL 2021, c. 324, §2 (NEW).]
6.  No effect on single-state license authority.
Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license.
[PL 2021, c. 324, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 324, §2 (NEW).