2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-8 - Adverse actions.

36-31A-8. Adverse actions.
A.A home state has exclusive power to take adverse action against an occupational therapist’s or an occupational therapy assistant’s license issued by the home state.
B.A remote state has the authority, in accordance with existing state due process law, to:
1.Take adverse action against an occupational therapist’s or occupational therapy assistant’s compact privilege within that member state.
2.Issue subpoenas for hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by a court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the state in which the witnesses or evidence are located.
C.For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
D.The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes the primary state of residence during the course of the investigations. The home state, in which the investigations were initiated, may take appropriate action and shall promptly report the conclusions of the investigations to the data system. The data system administrator shall promptly notify the new home state of any adverse action.
E.A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the cost of the investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.
F.A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.
G.In addition to any authority granted to a member state by its respective state laws and rules, a member state may participate with other member states in joint investigations of licensees. A member state shall share any investigative, litigation, or compliance material in furtherance of any joint or individual investigation initiated under the compact.
H.If an adverse action is taken by the home state against an occupational therapist’s or occupational therapy assistant’s license, the occupational therapist’s or occupational therapy assistant’s compact privilege, in all other member states, must be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist’s or occupational therapy assistant’s license must include a statement that the occupational therapist’s or occupational therapy assistant’s compact privilege is deactivated in all member states during the pendency of the order.
I.If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse action by a remote state.
J. Nothing in this compact overrides a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
Source: SL 2023, ch 139, §8.