North Dakota § 43-17.5-12 Construction and severability

North Dakota Statutes

§ 43-17.5-12 — Construction and severability

North Dakota § 43-17.5-12

Title 43Occupations and Professions

Ch. 43-17.5Physician Assistant Licensure Compact

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Bluebook

N.D. Cent. Code § 43-17.5-12 (2026).

Text

1.This compact and the commission's rulemaking authority must be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules may not be construed to limit the commission's rulemaking authority solely for those purposes.

2.The provisions of this compact are severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction,

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1. This compact and the commission's rulemaking authority must be liberally construed
so as to effectuate the purposes, and the implementation and administration of the
compact. Provisions of the compact expressly authorizing or requiring the
promulgation of rules may not be construed to limit the commission's rulemaking
authority solely for those purposes.
2. The provisions of this compact are severable and if any phrase, clause, sentence or
provision of this compact is held by a court of competent jurisdiction to be contrary to
the constitution of any participating state, a state seeking participation in the compact,
or of the United States, or the applicability thereof to any government, agency, person
or circumstance is held to be unconstitutional by a court of competent jurisdiction, the
validity of the remainder of this compact and the applicability thereof to any other
government, agency, person or circumstance are not affected thereby.
3. Notwithstanding this section, the commission may deny a state's participation in the
compact or, in accordance with the requirements of section 43-17.5-10, terminate a
participating state's participation in the compact, if it determines that a constitutional
requirement of a participating state is, or would be with respect to a state seeking to
participate in the compact, a material departure from the compact. Otherwise, if this
compact is held to be contrary to the constitution of any participating state, the
compact must remain in full force and effect as to the remaining participating states
and in full force and effect as to the participating state affected as to all severable
matters.