South Dakota § 36-31A-6 - New home state license--Compact privilege.

§ 36-31A-6. New home state license--Compact privilege.

A.    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.

B.    If an occupational therapist or occupational therapy assistant changes the primary state of residence by moving between two member states:

1.    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.

2.    Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the criteria outlined in § 36-31A-5 via the data system, without need for primary source verification, except for:

a.    A Federal Bureau of Investigation fingerprint-based criminal background check, if not previously performed or updated pursuant to rules adopted by the commission, in accordance with Public Law 92-544;

b.    Any other criminal background check, as required by the new home state; and

c.    Submission of any jurisprudence requirements of the new home state.

3.    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 rules adopted by the commission.

4.    Notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in § 36-31A-5, the new home state shall apply its requirements for issuing a new single-state license.

5.    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.

C.    If an occupational therapist or occupational therapy assistant changes the primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria applies for issuance of a single-state license in the new state.

D.    Nothing in this compact interferes with a licensee’s ability to hold a single-state license in multiple states, provided, for purposes of this compact, a licensee may have only one home state license.

E.    Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license.

Source: SL 2023, ch 139, § 6.