(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 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 states 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 pertinent criteria outlined in Section 40-36-540 by means of the data system, without need for primary source verification except for:
(a) an FBI 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;
(b) other criminal background check as required by the new home state; and
(c) submission of requisite 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 applicable 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 Section 40-36-540, the new home state shall apply its requirements for issuing a new single-state license; and
(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 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.
(D) Nothing in this compact may be construed to interfere with the ability of a licensee to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have one home state license.
(E) Nothing in this compact may be construed to affect the requirements established by a member state for the issuance of a single-state license.
HISTORY: 2022 Act No. 158 (H.3599), Section 1, eff May 13, 2022.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 36 - Occupational Therapists
Section 40-36-5. Application of chapter; conflict of laws.
Section 40-36-10. Board of Occupational Therapy; creation and purpose; membership.
Section 40-36-20. Definitions.
Section 40-36-30. Required licenses; practice while license suspended or revoked; penalty.
Section 40-36-60. Adoption of rules and regulations; seal.
Section 40-36-70. Board regulation of licensing and discipline; additional powers and duties.
Section 40-36-80. Investigation of complaints and violations.
Section 40-36-90. Investigation results; presentation to board; procedures for hearing.
Section 40-36-100. Restraining orders and other equitable relief.
Section 40-36-115. Jurisdiction of the board.
Section 40-36-130. Grounds for denial of license may be same as for disciplinary action.
Section 40-36-140. Denial of license based on prior criminal record.
Section 40-36-150. Voluntary surrender of license by licensee being investigated.
Section 40-36-170. Costs of investigation and prosecution; authority to require payment by violator.
Section 40-36-180. Collection and enforcement provisions for costs and fines.
Section 40-36-190. Confidentiality of proceedings and communications.
Section 40-36-200. Violations of chapter; submission of false information to board; penalty.
Section 40-36-210. Petition by department for injunctive relief.
Section 40-36-250. Licensure without examination.
Section 40-36-280. Persons excepted from application of chapter.
Section 40-36-290. Responsibilities and duties of occupational therapists; records; discharge notes.
Section 40-36-310. Severability.
Section 40-36-520. Definitions.
Section 40-36-530. State participation in the compact.
Section 40-36-540. Compact privilege.
Section 40-36-550. Obtaining a new home state license by virtue of compact privilege.
Section 40-36-560. Active duty military personnel or their spouses.
Section 40-36-570. Adverse actions.
Section 40-36-580. Establishment of the Occupational Therapy Compact Commission.
Section 40-36-590. Data system.
Section 40-36-600. Rulemaking.
Section 40-36-610. Oversight, dispute resolution, and enforcement.
Section 40-36-620. Date of implementation; withdrawal; amendment.
Section 40-36-630. Construction and severability.
Section 40-36-640. Binding effect of compact and other laws.