West Virginia Code § 30-28A-4

Compact privilege
Open in Lexace · Ask the AI about this section
(a) To exercise the compact privilege under the terms and provisions of the compact, the
licensee shall:
(1) Hold a license in the home state;
(2) Have a valid United States Social Security number or national practitioner identification
number;
(3) Have no encumbrance on any state license;
(4) Be eligible for a compact privilege in any member state in accordance with §30-28A-4(d),
§30-28A-4(f), §30-28A-4(g), and §30-28A-4(h) of this code;
(5) Have paid all fines and completed all requirements resulting from any adverse action
against any license or compact privilege, and two years have elapsed from the date of such
completion;
(6) Notify the commission that the licensee is seeking the compact privilege within a remote
state or states;
(7) Pay any applicable fees, including any state fee for the compact privilege;
(8) Complete a criminal background check in accordance with §30-28A-3(a)(5) of this code;
(A) The licensee shall be responsible for the payment of any fee associated with the
completion of a criminal background check;
(9) Meet any jurisprudence requirements established by the remote state or states in which
the licensee is seeking a compact privilege; and
(10) Report to the commission adverse action taken by any non-member state within 30 days
from the date the adverse action is taken.
(b) The compact privilege is valid until the expiration date of the home state license. The
licensee must comply with the requirements of §30-28A-4(a) of this code to maintain the
compact privileges in the remote state.
(c) A licensee providing occupational therapy in a remote state under the compact privilege
shall function within the laws and regulations of the remote state.
(d) Occupational therapy assistants practicing in a remote state shall be supervised by an
occupational therapist licensed or holding a compact privilege in that remote state.
(e) A licensee providing occupational therapy in a remote state is subject to that state's
regulatory authority. A remote state may, in accordance with due process and that state's
laws, remove a licensee's compact privilege in the remote state for a specific period of time,
impose fines, or take any other necessary actions to protect the health and safety of its
citizens. The licensee may be ineligible for a compact privilege in any state until the specific
time for removal has passed and all fines are paid.
(f) If a home state license is encumbered, the licensee shall lose the compact privilege in any
remote state until the following occur: e
(1) The home state license is no longer encumbered; and
(2) Two years have elapsed from the date on which the home staute license is no longer
encumbered in accordance with §30-28A-4(f)(1) of this code.
(g) Once an encumbered license in the home state is restored to good standing, the licensee
must meet the requirements of §30-28A-4(a) of this codae to obtain a compact privilege in any
remote state.
(h) If a licensee's compact privilege in any remote state is removed, the individual may lose
the compact privilege in any other remote state until the following occur:
(1) The specific period of time for which the compact privilege was removed has ended;
(2) All fines have been paid and all conditions have been met;
(3) Two years have elapsed from the date of completing requirements for §30-28A-4(h)(1)
and §30-28A-4(h)(2) of tLhis code; and
(4) The compact privileges are reinstated by the commission, and the compact data system is
updated to reflect reinstatement.
(i) If a licensee's compact privilege in any remote state is removed due to an erroneous
chaWrge, privileges shall be restored through the data system.
(j) Once the requirements of §30-28A-4(h) of this code have been met, the licensee must
meet the requirements in §30-28A-4(a) of this code to obtain a compact privilege in a remote
state.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.