Definitions
N.D. Cent. Code § 43-40.1-02
in effect43-40.1-02. Definitions
As used in this compact:
1. "Active duty military" means full-time duty status in the active uniformed service of the
United States, including members of the national guard and reserve on active duty
orders under 10 U.S.C. chapter 1209 and 10 U.S.C. chapter 1211.
2. "Adverse action" means any administrative, civil, equitable, or criminal action permitted
by a state's laws which is imposed by a licensing board or other authority against an
occupational therapist or occupational therapy assistant, including actions against an
individual's license or compact privilege, including censure, revocation, suspension,
probation, monitoring of the licensee, or restriction on the licensee's practice.
3. "Alternative program" means a nondisciplinary monitoring process approved by an
occupational therapy licensing board.
4. "Compact privilege" means the authorization, which is equivalent to a license, granted
by a remote state to allow a licensee from another member state to practice as an
occupational therapist or practice as an occupational therapy assistant in the remote
state under its laws and rules. The practice of occupational therapy occurs in the
member state where the patient is located at the time of the patient encounter.
5. "Continuing education" means a requirement, as a condition of license renewal, to
provide evidence of participation in, or completion of, educational and professional
activities relevant to practice or area of work.
6. "Current significant investigative information" means investigative information a
licensing board, after an inquiry or investigation that includes notification and an
opportunity for the occupational therapist or occupational therapy assistant to respond,
if required by state law, has reason to believe is not groundless and, if proved true,
would indicate more than a minor infraction.
7. "Data system" means a repository of information about licensees, including license
status, investigative information, compact privileges, and adverse actions.
8. "Encumbered license" means a license in which an adverse action restricts the
practice of occupational therapy by the licensee or the adverse action has been
reported to the national practitioner data bank.
9. "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.
10. "Home state" means the member state that is the licensee's primary state of
residence.
11. "Impaired practitioner" means an individual whose professional practice is adversely
affected by substance abuse, addiction, or other health-related condition.
12. "Investigative information" means information, records, or documents received or
generated by an occupational therapy licensing board pursuant to an investigation.
13. "Jurisprudence requirement" means the assessment of an individual's knowledge of
the laws and rules governing the practice of occupational therapy in a state.
14. "Licensee" means an individual who currently holds an authorization from the state to
practice as an occupational therapist or as an occupational therapy assistant.
15. "Member state" means a state that has enacted this compact.
16. "Occupational therapist" means an individual who is licensed by a state to practice
occupational therapy.
17. "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 provided under the member state's
statutes and regulations.
18. "Occupational therapy assistant" means an individual who is licensed by a state to
assist in the practice of occupational therapy.
19. "Occupational therapy compact commission" or "commission" means the national
administrative body whose membership consists of all states that have enacted this
compact.
20. "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.
21. "Primary state of residence" means the 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 a driver's license, federal income tax return,
lease, deed, mortgage, or voter registration, or other verifying documentation as
provided under commission rules.
22. "Remote state" means a member state other than the home state, where a licensee is
exercising or seeking to exercise the compact privilege.
23. "Rule" means a regulation adopted by the commission which has the force of law.
24. "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.
25. "State" means any state, commonwealth, district, or territory of the United States of
America that regulates the practice of occupational therapy.
26. "Telehealth" means the application of telecommunication technology to deliver
occupational therapy services for assessment, intervention, or consultation.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t43c40-1.pdf#nameddest=43-40p1-02Fetched: 10/16/2026