§ 30-28A-14 — Binding effect of compact and other laws

West Virginia § 30-28A-14

• Jurisdiction: West Virginia
• Ch. 30: PROFESSIONS AND OCCUPATIONS
• Art. 28A: WEST VIRGINIA OCCUPATIONAL THERAPY COMPACT

Text

(a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.

(c) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict: Provided, That any rule or bylaw promulgated by the Occupational Therapy Compact Commission shall not alter, amend, abolish, or contravene, the scope of practice or standard of care in the State of West Virginia for occupational therapists and occupational therapy assistants.

(d) Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon member states.

(e) All agreements between the commission and the member states are binding in accordance with their terms.

(f) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

Legislative History

2022 Reg. Sess., SB221