(1) A person who has a license or endorsement from another state which allows that person to use sound and electrical physical agent modalities in the person's practice of occupational therapy may apply to the board for authority to use sound and electrical physical agent modalities in Montana.

(2) The person with the out-of-state license or endorsement shall provide the board with a signed and notarized certificate of verification from that out-of-state licensing authority that verifies the person is authorized by that other state to use sound and electrical physical agent modalities in that person's practice as an occupational therapist. In addition, the person must demonstrate:

(a) that with respect to performing sound and electrical physical agent modalities, the education and training requirements of the other state are substantially similar to or exceed Montana's requirements for authority to use those modalities;

(b) that the person is not under investigation or subject to pending charges or final disciplinary action for unprofessional conduct or impairment in any state where the person is authorized to practice occupational therapy; and

(c) that there are no reasons why the person should not be allowed to perform sound and electrical physical agent modalities, if the person is licensed in Montana as an occupational therapy practitioner.

(3) The determination as to whether the standards of the other state are substantially similar to or greater than those of this state rests in the sole discretion of the board. The board shall make such decisions on a case-by-case basis.