West Virginia Code § 30-3G-6

Adverse actions
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(a) A participating state in which a licensee is licensed shall have exclusive power to impose
adverse action against the qualifying license issued by that participating state.
(b) In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to do all of the following:
(1) Take adverse action against a physician assistant's compact privilege within that state to
remove a licensee's compact privilege or take other action necessary under applicable law to
protect the health and safety of its citizens. u
(2) Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued by a
licensing board in a participating state for the attendaance and testimony of witnesses or the
production of evidence from another participating state shall be enforced in the latter state
by any court of competent jurisdiction, according tol the practice and procedure of that court
applicable to subpoenas issued in proceedingss pending before it. The issuing authority shall
pay any witness fees, travel expenses, mileage and other fees required by the service
statutes of the state in which the witnesseis or evidence are located.
(3) Notwithstanding subsection (b)(2) of this section, subpoenas may not be issued by a
participating state to gather evidence of conduct in another state that is lawful in that other
state for the purpose of taking adverse action against a licensee's compact privilege or
application for a compact privilege in that participating state.
(4) Nothing in this compact authorizes a participating state to impose discipline against a
physician assistant's compact privilege or to deny an application for a compact privilege in
that participaVting state for the individual's otherwise lawful practice in another state.
(c) For purposes of taking adverse action, the participating state which issued the qualifying
license shall give the same priority and effect to reported conduct received from any other
participating state as it would if the conduct had occurred within the participating state
which issued the qualifying license. In so doing, that participating state shall apply its own
state laws to determine appropriate action.
(d) A participating state, if otherwise permitted by state law, may recover from the affected
physician assistant the costs of investigations and disposition of cases resulting from any
adverse action taken against that physician assistant.
(e) A participating state may take adverse action based on the factual findings of a remote
state, provided that the participating state follows its own procedures for taking the adverse
action.
(f) Joint investigations:
(1) In addition to the authority granted to a participating state by its respective state
physician assistant laws and regulations or other applicable state law, any participating state
may participate with other participating states in joint investigations of licensees.
(2) Participating states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under this compact.
(g) If an adverse action is taken against a physician assistant's qualifying license, the
physician assistant's compact privilege in all remote states shall be deactivated until two
years have elapsed after all restrictions have been removed from the state license. All
disciplinary orders by the participating state which issued the quualifying license that impose
adverse action against a physician assistant's license shall include a statement that the
physician assistant's compact privilege is deactivated in all ptarticipating states during the
pendency of the order.
(h) If any participating state takes adverse action, it promptly shall notify the administrator
of the data system. l

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