2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 32: OCCUPATIONAL THERAPY PRACTICE › Subchapter 2: OCCUPATIONAL THERAPY LICENSURE COMPACT › 32 §2290. Compact privilege (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See T. 32, §2298, sub-§1)

§2290. Compact privilege
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See T. 32, §2298, sub-§1)
1.  Exercise of compact privilege.
To exercise the compact privilege under the terms and provisions of the compact, a licensee:
A. Must hold a license in the home state;   [PL 2021, c. 324, §2 (NEW).]
B. Must have a valid United States social security number or National Practitioner Data Bank identification number;   [PL 2021, c. 324, §2 (NEW).]
C. May not have an encumbrance on any state license;   [PL 2021, c. 324, §2 (NEW).]
D. Must be eligible for a compact privilege in any member state in accordance with subsections 4, 6, 7 and 8;   [PL 2021, c. 324, §2 (NEW).]
E. Must have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege and 2 years must have elapsed from the date of completion;   [PL 2021, c. 324, §2 (NEW).]
F. Must notify the commission that the licensee is seeking the compact privilege within a remote state;   [PL 2021, c. 324, §2 (NEW).]
G. Must pay any applicable fees, including any state fee for the compact privilege;   [PL 2021, c. 324, §2 (NEW).]
H. Must complete a criminal background check in accordance with section 2289, subsection 1, paragraph E. The licensee is responsible for the payment of any fee associated with the completion of a criminal background check;   [PL 2021, c. 324, §2 (NEW).]
I. Must meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and   [PL 2021, c. 324, §2 (NEW).]
J. Must report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.   [PL 2021, c. 324, §2 (NEW).]
[PL 2021, c. 324, §2 (NEW).]
2.  Validity of compact privilege.
The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection 1 to maintain the compact privilege in the remote state.
[PL 2021, c. 324, §2 (NEW).]
3.  Exercising compact privilege in remote state.
A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
[PL 2021, c. 324, §2 (NEW).]
4.  Supervision of occupational therapy assistant.
An occupational therapy assistant practicing in a remote state must be supervised by an occupational therapist licensed or holding a compact privilege in that remote state.
[PL 2021, c. 324, §2 (NEW).]
5.  Regulatory authority of remote state.
A licensee providing occupational therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
[PL 2021, c. 324, §2 (NEW).]
6.  Loss of compact privilege.
If a home state license is encumbered, the licensee loses the compact privilege in any remote state until the following occur:
A. The home state license is no longer encumbered; and   [PL 2021, c. 324, §2 (NEW).]
B. Two years have elapsed from the date on which the home state license is no longer encumbered in accordance with paragraph A.   [PL 2021, c. 324, §2 (NEW).]
[PL 2021, c. 324, §2 (NEW).]
7.  Restoration of compact privilege.
Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection 1 to obtain a compact privilege in any remote state.
[PL 2021, c. 324, §2 (NEW).]
8.  Removal of compact privilege in remote state.
If a licensee's compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until the following occur:
A. The specific period of time for which the compact privilege was removed has ended;   [PL 2021, c. 324, §2 (NEW).]
B. All fines have been paid and all conditions have been met;   [PL 2021, c. 324, §2 (NEW).]
C. Two years have elapsed from the date of completing requirements for paragraphs A and B; and   [PL 2021, c. 324, §2 (NEW).]
D. The compact privileges are reinstated by the commission and the compact data system is updated to reflect reinstatement.   [PL 2021, c. 324, §2 (NEW).]
[PL 2021, c. 324, §2 (NEW).]
9.  Error.
If a licensee's compact privilege in any remote state is removed due to an erroneous charge, privileges must be restored through the compact data system.
[PL 2021, c. 324, §2 (NEW).]
10.  Restoration of compact privilege.
Once the requirements of subsection 8 have been met, the licensee must meet the requirements in subsection 1 to obtain a compact privilege in a remote state.
[PL 2021, c. 324, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 324, §2 (NEW).