Establishment of the occupational therapy compact commission
N.D. Cent. Code § 43-40.1-08
in effect43-40.1-08. Establishment of the occupational therapy compact commission
1. The compact member states hereby create and establish a joint public agency known
as the occupational therapy compact commission.
a. The commission is an instrumentality of the compact states.
b. Venue is proper and judicial proceedings by or against the commission must be
brought exclusively in a court of competent jurisdiction where the principal office
of the commission is located. The commission may waive venue and jurisdictional
defenses to the extent the commission adopts or consents to participate in
alternative dispute resolution proceedings.
c. This compact may not be construed to be a waiver of sovereign immunity.
2. Membership, voting, and meetings.
a. Each member state has and is limited to one delegate selected by that member
state's licensing board.
b. The delegate must be:
(1) A current member of the licensing board, who is an occupational therapist,
occupational therapy assistant, or public member; or
(2) An administrator of the licensing board.
c. A delegate may be removed or suspended from office as provided by the law of
the state from which the delegate is appointed.
d. The member state board shall fill any vacancy occurring in the commission within
ninety days.
e. Each delegate is entitled to one vote with regard to the adoption of rules and
creation of bylaws and must have an opportunity to participate in the business
and affairs of the commission. A delegate shall vote in person or by any other
means provided in the bylaws. The bylaws may provide for delegates'
participation in meetings by telephone or other means of communication.
f. The commission shall meet at least once during each calendar year. Additional
meetings must be held as provided in the bylaws.
g. The commission shall establish by rule a term of office for delegates.
3. The commission has the power and duty to:
a. Establish a code of ethics for the commission.
b. Establish the fiscal year of the commission.
c. Establish bylaws.
d. Maintain financial records in accordance with the bylaws.
e. Meet and take actions consistent with the provisions of this compact and the
bylaws.
f. Adopt uniform rules to facilitate and coordinate implementation and administration
of this compact. The rules have the force and effect of law and are binding in all
member states.
g. Bring and prosecute legal proceedings or actions in the name of the commission,
provided the standing of any state occupational therapy licensing board to sue or
be sued under applicable law is not affected.
h. Purchase and maintain insurance and bonds.
i. Borrow, accept, or contract for services of personnel, including employees of a
member state.
j. Hire employees, elect or appoint officers, fix compensation, define duties, grant
the individuals appropriate authority to carry out the purposes of the compact,
and establish the commission's personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other related personnel
matters.
k. Accept any and all appropriate donations and grants of money, equipment,
supplies, materials and services, and receive, use and dispose of the same;
provided that at all times the commission avoids any appearance of impropriety
and conflict of interest.
l. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
improve, or use any property; real, personal, or mixed; provided the commission
avoids any appearance of impropriety.
m. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property; real, personal, or mixed.
n. Establish a budget and make expenditures.
o. Borrow money.
p. Appoint committees, including standing committees composed of members, state
regulators, state legislators or their representatives, and consumer
representatives, and other interested persons as designated in this compact and
the bylaws.
q. Provide and receive information from, and cooperate with, law enforcement
agencies.
r. Establish and elect an executive committee.
s. Perform other functions as necessary or appropriate to achieve the purposes of
this compact consistent with the state regulation of occupational therapy licensure
and practice.
4. The executive committee.
a. The executive committee has the power to act on behalf of the commission
according to the terms of this compact.
b. The executive committee is composed of nine members:
(1) Seven voting members who are elected by the commission from the current
membership of the commission;
(2) One ex-officio, nonvoting member from a recognized national occupational
therapy professional association; and
(3) One ex-officio, nonvoting member from a recognized national occupational
therapy certification organization.
c. The ex-officio members will be selected by their respective organizations.
d. The commission may remove any member of the executive committee as
provided in bylaws.
e. The executive committee shall:
(1) Meet at least annually;
(2) Recommend to the entire commission changes to the rules or bylaws,
changes to this compact legislation, fees paid by compact member states
including, annual dues, and any commission compact fee charged to
licensees for the compact privilege;
(3) Ensure compact administration services are appropriately provided,
contractual or otherwise;
(4) Prepare and recommend the budget;
(5) Maintain financial records on behalf of the commission;
(6) Monitor compact compliance of member states and provide compliance
reports to the commission;
(7) Establish additional committees as necessary; and
(8) Perform other duties as provided in rules or bylaws.
5. Meetings of the commission.
a. All meetings must be open to the public, and public notice of meetings must be
given in the same manner as required under the rulemaking provisions in section
43-40.1-10.
b. The commission or the executive committee or other committees of the
commission may convene in a closed, nonpublic meeting if the commission or
executive committee or other committees of the commission must discuss:
(1) Noncompliance of a member state with its obligations under the compact;
(2) The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the
commission's internal personnel practices and procedures;
(3) Current, threatened, or reasonably anticipated litigation;
(4) Negotiation of contracts for the purchase, lease, or sale of goods, services,
or real estate;
(5) Accusing any individual of a crime or formally censuring any individual;
(6) Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
(7) Disclosure of information of a personal nature if disclosure would constitute
a clearly unwarranted invasion of personal privacy;
(8) Disclosure of investigative records compiled for law enforcement purposes;
(9) Disclosure of information related to any investigative reports prepared by or
on behalf of or for use of the commission or other committee charged with
responsibility of investigation or determination of compliance issues
pursuant to the compact; or
(10) Matters specifically exempted from disclosure by federal or member state
statute.
c. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.
d. The commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons for taking the actions, including a description of the views
expressed. All documents considered in connection with an action must be
identified in the minutes. All minutes and documents of a closed meeting must
remain under seal, subject to release by a majority vote of the commission or
order of a court of competent jurisdiction.
6. Financing of the commission.
a. The commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
b. The commission may accept any and all appropriate revenue sources, donations,
and grants of money, equipment, supplies, materials, and services.
c. The commission may levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the cost of the operations
and activities of the commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved by the commission each year for
which revenue is not provided by other sources. The aggregate annual
assessment amount must be allocated based on a formula determined by the
commission, which shall adopt a rule binding on all member states.
d. The commission may not incur obligations before securing adequate funds to
meet the obligations or pledge the credit of any of the member states, except by
and with the authority of the member state.
e. The commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the commission are subject to the audit and
accounting procedures established under its bylaws. All receipts and
disbursements of funds handled by the commission must be audited yearly by a
certified or licensed public accountant, and the report of the audit must be
included in and become part of the annual report of the commission.
7. Qualified immunity, defense, and indemnification.
a. The members, officers, executive director, employees, and representatives of the
commission are immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or alleged act, error, or
omission that occurred, or that the individual against whom the claim is made had
a reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities. This subdivision may not be construed to
protect any such individual from suit or liability for any damage, loss, injury, or
liability caused by the intentional, willful, or wanton misconduct of that individual.
b. The commission shall defend any member, officer, executive director, employee,
or representative of the commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission that occurred within the
scope of commission employment, duties, or responsibilities, or that the individual
against whom the claim is made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or responsibilities. This
subdivision may not be construed to prohibit that individual from retaining counsel
or that the actual or alleged act, error, or omission did not result from that
individual's intentional, willful, or wanton misconduct.
c. The commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the commission for the amount
of any settlement or judgment obtained against that individual arising out of any
actual or alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that the individual had a
reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities, provided the actual or alleged act, error,
or omission did not result from the intentional, willful, or wanton misconduct of
that individual.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t43c40-1.pdf#nameddest=43-40p1-08Fetched: 10/16/2026