Maine § 2290. - Compact privilege

§ 2290.. Compact privilege

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).]

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.

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.

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.

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.

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).]

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.

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).]

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.

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.