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SB 2146

AN ACT to create and enact chapter 43-40.1 of the North Dakota Century Code, relating to the occupational therapy licensure compact.

69th Legislative Assembly (2025-26) Introduced by Jeff Barta and 5 co-sponsors

The bill creates the Occupational Therapy Licensure Compact allowing cross‑state practice with a compact privilege and shared data system, boosting access and mobility while preser

Filed with Secretary Of State 04/03
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Bill Summary · SB 2146

Summary — SB 2146 (Occupational Therapy Licensure Compact)

Status: Introduced March 10, 2025; filed with Secretary of State April 3, 2025. Companion: HB 5354.

Purpose

SB 2146 creates chapter 43-40.1 of the North Dakota Century Code to adopt the Occupational Therapy Licensure Compact. The compact’s stated goals are to increase public access to occupational therapy (OT) services (including via telehealth), support military spouses, improve regulatory cooperation between states, and enhance exchange of licensure, investigative, and disciplinary information — while preserving each state’s authority to protect public health and safety through licensure.

Key provisions

  • Establishes an OT licensure compact authorizing “compact privileges,” which allow a licensee from one member state to practice in another member state without obtaining a separate state license. Practice is defined as occurring in the state where the patient is located at the time of the encounter.
  • Provides detailed definitions for terms used in the compact (e.g., home state, remote state, compact privilege, adverse action, data system, telehealth).
  • Requires participating (member) states to:
    • License occupational therapists and occupational therapy assistants.
    • Participate fully in the compact commission’s data system (including use of the commission’s unique identifier).
    • Maintain a mechanism to receive and investigate complaints and to notify the commission of adverse actions or investigative information.
    • Implement procedures for criminal history review of applicants for an initial compact privilege, including submission of fingerprints or other biometric information as required.
  • Creates an interstate “occupational therapy compact commission” (the national administrative body made up of member states) to administer the compact, adopt rules, and operate the data system (terms and administrative details are referenced in the compact text).
  • Preserves state authority to impose discipline and to hold practitioners using a compact privilege accountable to remote-state practice standards.

Who is affected

  • Occupational therapists and occupational therapy assistants who move between states, provide telehealth across state lines, or accompany military families.
  • State OT licensing boards and regulators (must participate in the commission and data-sharing).
  • Patients, who may gain improved access to OT services.
  • The new compact commission and any state administrative bodies implementing participation.

Implementation and timeline

  • The bill authorizes North Dakota to join the multi‑state compact framework. A state must enact the compact to become a member; participation and the compact commission’s governance will determine operational timelines (e.g., data system connectivity, rule adoption).
  • Legislative status: introduced 3/10/2025 and filed with Secretary of State 4/03/2025 (see companion HB 5354 for parallel action).

Potential impacts and considerations

  • Benefits: increased access to care (telehealth and cross‑state practice), streamlined mobility for practitioners (including military families), improved inter‑state regulatory coordination.
  • Considerations: required investment in data‑sharing infrastructure and fingerprinting/criminal‑history processes, privacy and information‑sharing protections for investigative data, and ensuring uniform minimum standards so public protection is maintained across member states.

This summary highlights the compact’s structure and core effects. For adoption details (e.g., eligibility criteria for compact privileges, commission bylaws, or effective-date triggers), refer to the full chapter text (43‑40.1) and any implementing rules adopted by the compact commission.

Compiled from official sources — confirm details with the bill’s official record.

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