2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-5 - Compact privilege.

36-31A-5. Compact privilege.
A.To exercise the compact privilege under the compact, the licensee must:
1.Hold a license in the home state;
2.Have a United States social security number or national practitioner identification number;
3.Have no encumbrance on any state license;
4.Be eligible for a compact privilege in any member state, in accordance with this section;
5.Have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and two years must have elapsed from the date of the completion;
6.Notify the commission that the licensee is seeking the compact privilege within a remote state;
7.Pay any applicable fees, including any state fee, for the compact privilege;
8. Complete a criminal background check in accordance with §36-31A-4, provided the licensee is responsible for the payment of any fee associated with the completion of a criminal background check;
9.Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and
10.Report to the commission any adverse action taken by a non-member state within thirty days from the date the adverse action is taken.
B.The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of this section to maintain the compact privilege in the remote state.
C.A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and rules of the remote state.
D.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.
E.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, and take any other necessary action to protect the health and safety of its residents. 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.
F.If a home state license is encumbered, the licensee loses the compact privilege in any remote state until the home state license is no longer encumbered and two years have elapsed from the date on which the home state license is no longer encumbered.
G.Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of this section to obtain a compact privilege in any remote state.
H.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:
1.The specific period of time for which the compact privilege was removed has ended;
2.All fines have been paid and all conditions have been met;
3.Two years have elapsed from the date of completing requirements set forth in this subdivision; and
4.The compact privileges are reinstated by the commission, and the compact data system is updated to reflect the reinstatement.
I.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.
J.Once the requirements of subdivision H have been met, the licensee must meet the requirements of subdivision A to obtain a compact privilege in a remote state.
Source: SL 2023, ch 139, §5.