Obtaining a new home state license by virtue of compact privilege
N.D. Cent. Code § 43-40.1-05
in effect43-40.1-05. Obtaining a new home state license by virtue of compact privilege
1. An occupational therapist or occupational therapy assistant may hold a home state
license, which allows for compact privileges in member states, in only one member
state at a time.
2. If an occupational therapist or occupational therapy assistant changes primary state of
residence by moving between two member states:
a. The occupational therapist or occupational therapy assistant shall file an
application for obtaining a new home state license by virtue of a compact
privilege, pay all applicable fees, and notify the current and new home state in
accordance with applicable rules adopted by the commission.
b. Upon receipt of an application for obtaining a new home state license by virtue of
compact privilege, the new home state shall verify the occupational therapist or
occupational therapy assistant meets the pertinent criteria outlined in section
43-40.1-04 through the data system, without need for primary source verification
except for:
(1) A federal bureau of investigation fingerprint-based criminal background
check if not previously performed or updated pursuant to applicable rules
adopted by the commission in accordance with Public Law 92-544;
(2) Any other criminal background check as required by the new home state;
and
(3) Submission of any requisite jurisprudence requirements of the new home
state.
c. The former home state shall convert the former home state license into a
compact privilege once the new home state has activated the new home state
license in accordance with applicable rules adopted by the commission.
d. Notwithstanding any other provision of this compact, if the occupational therapist
or occupational therapy assistant cannot meet the criteria in section 43-40.1-04,
the new home state shall apply its requirements for issuing a new single-state
license.
e. The occupational therapist or the occupational therapy assistant shall pay all
applicable fees to the new home state in order to be issued a new home state
license.
3. If an occupational therapist or occupational therapy assistant changes primary state of
residence by moving from a member state to a nonmember state, or from a
nonmember state to a member state, the state criteria applies for issuance of a single-
state license in the new state.
4. Nothing in this compact shall interfere with a licensee's ability to hold a single-state
license in multiple states. For the purposes of this compact, a licensee only may have
one home state license.
5. This compact does not affect the requirements established by a member state for the
issuance of a single-state license.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t43c40-1.pdf#nameddest=43-40p1-05Fetched: 10/16/2026