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WV Code § 30-14-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 14. Osteopathic Physicians and Surgeons|§30-14-9. Duties and Rights of Osteopathic Physicians and Surgeons

Osteopathic physicians and surgeons licensed hereunder shall have the same rights and privileges as physicians and surgeons of other schools of medicine.Osteopathic physicians and surgeons shall observe and be subject to all state and municipal regulations relative to reporting births and deaths and all matters pertaining to the public health with equal rights and obligations as physicians of other schools of medicine, and such reports shall be accepted by the officers of the department to which the same are made.Osteopathic physicians and surgeons licensed hereunder shall have the same rights and privileges as physicians and surgeons of other schools of medicine with respect to the treatment of cases or the holding of health offices or offices in public institutions.
WV Code § 30-14-9a (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 14. Osteopathic Physicians and Surgeons|§30-14-9a. Osteopathic Medical Corporations — Application for Registration; Fee; Notice to Secretary of State of Issuance of Certificate; Action by Secretary of State

(a) One or more osteopathic physicians, allopathic physicians, or physician assistants may form an osteopathic medical corporation. An osteopathic physician or osteopathic physician assistant shall file a written application with the board on a form prescribed by the board, and shall furnish proof satisfactory to the board that the signer or all of the signers of such application is or are duly licensed. A reasonable fee, to be set by the board rules, shall accompany the application, no part of which shall be returnable.(b) If the board finds that the signer or all of the signers of the application are licensed, the board shall notify the Secretary of State that a certificate of authorization has been issued. (c) When the Secretary of State receives notification from the board that a certain individual or individuals has or have been issued a certificate of authorization, he or she shall attach the authorization to the corporation application and upon compliance by the corporation with §31-1-1 et seq. of this code, the Secretary of State shall notify the incorporators that the corporation may engage in the appropriate practice.
WV Code § 30-14-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 14. Osteopathic Physicians and Surgeons|§30-14-10. Renewal of License; Fee; Refresher Training a Prerequisite; Effect of Failure to Renew; Reinstatement; Educational Permit

(a) All holders of licenses to practice as osteopathic physicians and surgeons in this state shall renew the licenses biennially on or before July 1, by the payment of a renewal fee, to the board. The board shall notify each licensee of the necessity of renewing his or her license at least thirty days prior to the expiration of the license.(b) As a prerequisite to renewal of a license issued by the board, each licensee shall furnish biennially to the board satisfactory evidence of having completed thirty-two hours of educational refresher course training, of which the total amount of hours must be approved by the American Osteopathic Association, and fifty percent of the required thirty-two hours shall be classified as category (1).(c) The failure to renew a license shall operate as an automatic suspension of the rights and privileges granted by its issuance. The board may propose rules for legislative approval, pursuant to the provisions of article three, chapter twenty-nine-a of this code, providing that an osteopathic physician may renew a license on an inactive basis.(d) A license suspended by a failure to make a biennial renewal thereof may be reinstated by the board upon compliance of the licensee with the following requirements:(1) Presentation to the board of satisfactory evidence of educational refresher training of quantity and standard approved by the board for the previous two years;(2) Payment of all fees for the previous two years that would have been paid had the suspended licensee maintained his or her license in good standing; and(3) Payment to the board of a reinstatement fee specified by legislative rule of the board.(e) An educational permit authorizes the holder to practice osteopathic medicine and surgery only for work performed within an approved program of post-graduate clinical training under the supervision of a duly licensed osteopathic or allopathic physician. The first educational permit issued to a graduate of an accredited osteopathic college may be valid for a period of fifteen months and subsequent educational permits issued to the same person may be valid for not more than twelve months. An educational permit shall expire upon the termination of the permit holder from an approved program of post-graduate clinical training and may also be suspended or revoked by the board at any time upon grounds defined by the board by legislative rule.
WV Code § 30-14-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 14. Osteopathic Physicians and Surgeons|§30-14-11. Refusal, Suspension or Revocation of License; Suspension or Revocation of Certificate of Authorization

 (a) The board may refuse to issue a license, suspend or revoke a license, fine a licensee, order restitution or rehabilitative action by a licensee, or order a combination thereof for any one or more of the following causes: (1) Conviction of a felony, as shown by a certified copy of the record of the trial court: Provided, That if the conviction is for an offense that involves the transfer, delivery or illicit possession of a prescription drug, then the board shall revoke or refuse to issue the license of the convicted physician or physician’s assistant for a period of time until the physician or physician’s assistant demonstrates a record of rehabilitation and that he or she has the integrity, moral character and professional competence to practice in this state;(2) Conviction of a misdemeanor involving moral turpitude;(3) Violation of any provision of this article regulating the practice of osteopathic physicians and surgeons;(4) Fraud, misrepresentation or deceit in procuring or attempting to procure admission to practice;(5) Gross malpractice;(6) Advertising by means of knowingly false or deceptive statements;(7) Advertising, practicing or attempting to practice under a name other than one’s own;(8) Habitual drunkenness, or habitual addiction to the use of morphine, cocaine or other habit-forming drugs; or(9) Knowingly failing to report to the board any act of gross misconduct committed by another licensee of the board.(b) The board shall also have the power to suspend or revoke for cause any certificate of authorization issued by it. It shall have the power to reinstate any certificate of authorization suspended or revoked by it.(c) An osteopathic physician licensed under this article may not be disciplined for providing expedited partner therapy in accordance with article four-f, chapter sixteen of this code.
WV Code § 30-14-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 14. Osteopathic Physicians and Surgeons|§30-14-12. Offenses; Penalties

(a) Each of the following acts constitutes a misdemeanor, punishable upon conviction by a fine of not less than $1,000 nor more than $10,000: (1) The obtaining of or an attempt to obtain a license or permit to practice in the profession for money or any other thing of value, by fraudulent misrepresentation; (2) The making of any willfully false oath or affirmation whenever an oath or affirmation is required by this article; and (3) Advertising, practicing or attempting to practice under a name other than one’s own.(b) Any person who practices or attempts to practice osteopathic medicine without a license or permit is guilty of a felony and, upon conviction, shall be fined not more than $10,000, or imprisoned in a correctional facility for not less than one year nor more than five years, or both fined and imprisoned.
WV Code § 30-14-12c (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 14. Osteopathic Physicians and Surgeons|§30-14-12c. License to Practice as an Osteopathic Physician and Surgeon at Certain State Veterans Nursing Home Facilities

(a) The board is authorized and encouraged to the best of its ability to issue a license to practice as an osteopathic physician and surgeon in this state without examination to a physician that currently holds a license to practice as an osteopathic physician and surgeon at a Federal Veterans Administration Hospital upon completion of an application form prescribed by the board and who presents satisfactory proof to the board that he or she is currently employed and practicing in a Federal Veterans Administration Hospital that is located in a county in which a nursing home operated by the West Virginia Department of Veteran's Assistance is located: Provided, That the osteopathic physician shall maintain an valid, unrestricted license to practice osteopathic medicine in another state.(b) The practice for which an osteopathic physician and surgeon is licensed under this section is limited to practice in a nursing home operated by the West Virginia Department of Veteran's Assistance that is located in the same county in which the Federal Veterans Administration Hospital where the individual is employed.(c) No fee may be assessed to an individual licensed or seeking licensure pursuant to this section.(d) The board shall propose emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to implement the provisions of this section.(e) The board shall report to the Legislative Oversight Commission on Health and Human Resources Accountability and the Legislative Oversight Commission on Education Accountability by July 1, 2016 on the implementation of this section including the number of licenses issued, number of complaints, and any other pertinent legislation.
WV Code § 30-14-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 14. Osteopathic Physicians and Surgeons|§30-14-13. Limitation of Article

The practice of medicine and surgery by persons possessing the degree of doctor of medicine and authorized by the laws of this state to practice medicine and surgery shall in no way be affected by the provisions of this article.
WV Code § 30-14-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 14. Osteopathic Physicians and Surgeons|§30-14-14. Rulemaking

 (a) The board shall propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:(1) Standards and requirements for licenses and permits;(2) Procedures for examinations and reexaminations;(3) Requirements for third parties to prepare or administer, or both, examinations and reexaminations;(4) Educational and experience requirements;(5) Standards for approval of courses and curriculum;(6) Procedures for the issuance and renewal of licenses and permits;(7) A fee schedule;(8) Regulation of osteopathic medical corporations;(9) Regulation of profession limited liability companies;(10) Regulation of osteopathic physician assistants;(11) Continuing education requirements for licensees;(12) The standards for and limitations upon the utilization of telemedicine technologies;(13) The procedures for denying, suspending, restricting, revoking, reinstating or limiting the practice of licensees and permittees;(14) Adopting a standard for ethics;(15) Requirements for revoked licenses or permits; and(16) Any other rules necessary to effectuate the provisions of this article.(b) All of the board's rules in effect and not in conflict with these provisions shall remain in effect until they are amended or rescinded.
WV Code § 30-14-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 14. Osteopathic Physicians and Surgeons|§30-14-16. Combining Staff Functions With West Virginia Board of Medicine

The West Virginia Board of Osteopathic Medicine may employ investigators, attorneys, clerks and administrative staff in collaboration with the West Virginia Board of Medicine to share duties and functions between the two boards when it may be efficient and practical for the functioning of the boards. Any sharing of staff or staff resources shall be documented and performed pursuant to the provisions of section nineteen, article one of this chapter.
WV Code § 30-16-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 16. Chiropractors|§30-16-1. Purpose and Legislative Intent

It is declared to be a policy of this state that the practice of chiropractic is a privilege granted to qualified persons and that, in order to safeguard the public health, safety and welfare, protect the public from the unprofessional, improper, incompetent and unlawful practice of chiropractic, it is necessary to provide regulatory authority over persons practicing chiropractic. The primary responsibility and obligation of the West Virginia board of chiropractic is to protect the public.
WV Code § 30-16-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 16. Chiropractors|§30-16-2. License Required; Exceptions

(a) No person may practice or offer to practice, in this state, chiropractic without a license issued by the West Virginia board of chiropractic. A certificate or license issued under the laws of this state, authorizing its holder to practice chiropractic, before the effective date of this article is not affected by the enactment of this article, except that the holder of a certificate of license issued prior to the effective date of this article is subject to all the provisions of this article respecting the requirements and obligations prescribed for the continuance in force of the certificate of license.(b) This article does not prohibit:(1) Students from engaging in training in a chiropractic school accredited by the counsel on chiropractic education or its successor;(2) Licensed chiropractors from providing service in cases of emergency where no fee or other consideration is contemplated, charged or received;(3) Commissioned chiropractic officers of the Armed Forces of the United States and chiropractic officers of the United States Public Health Service or the Veterans' Administration of the United States from discharging their official duties, except:(A) Those officers who hold chiropractic licenses in the state are subject to the provisions of this article; and(B) Those officers shall be fully licensed to practice chiropractic in one or more jurisdictions of the United States;(4) Individuals from practicing the tenets of a religion or administering to the sick or suffering by mental or spiritual means in accord with the tenets. This provision does not exempt these individuals from the public health laws of the state or federal government; or(5) A person from administering a lawful domestic or family remedy to a member of his or her own family.
WV Code § 30-16-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 16. Chiropractors|§30-16-3. Definitions

The following words, unless the context clearly indicates otherwise, have the meaning ascribed to them in this section:(1) "Board" means the West Virginia board of chiropractic;(2) "Chiropractor" means a practitioner of chiropractic;(3) "Chiropractic services" means those health care services provided within the scope of chiropractic practice as defined by this article and by chiropractors licensed by the board;(4) "Chiropractic" is the science and art which utilizes the inherent recuperative powers of the body and the relationship between the neuromusculoskeletal structures and functions of the body, particularly of the spinal column and the nervous system, in the restoration and maintenance of health. The use of the designation doctor of chiropractic, chiropractor, chiropractic physician or D.C., is the practice of chiropractic.The practice of chiropractic also includes the examination and assessment of members of the public that are not patients of the examining chiropractor. Further, the practice of chiropractic includes the review of information relating to the duration and necessity of chiropractic care that affects the course of care, the treatment plan or payment and reimbursement concerning chiropractic patients residing within the State of West Virginia.The practices and procedures which may be employed by doctors of chiropractic are based on the academic and clinical training received in and through chiropractic colleges accredited by the council of chiropractic education or its successors and as determined by the board. These include the use of diagnostic, analytical and therapeutic procedures specifically including the adjustment and manipulation of the articulations and adjacent tissues of the human body, particularly of the spinal column, including the treatment of intersegmental disorders. Patient care and management is conducted with due regard for environmental and nutritional factors, as well as first aid, hygiene, sanitation, rehabilitation and physiological therapeutic procedures designed to assist in the restoration and maintenance of neurological integrity and homeostatic balance;(5) "Spinal manipulation" and "spinal adjustment" are interchangeable terms that identify a method of skillful and beneficial treatment where a person uses direct thrust or leverage to move a joint of the patient's spine beyond its normal range of motion, but without exceeding the limits of anatomical integrity.
WV Code § 30-16-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 16. Chiropractors|§30-16-4. West Virginia Board of Chiropractic; Establishment and Composition

(a) The "West Virginia Board of Chiropractic" is continued. Effective July 1, 2012, the board is composed of four licensed chiropractors and one person to represent the interest of the public. All are appointed by the Governor, with the advice and consent of the Senate, from a list of three names recommended by the West Virginia Chiropractic Society, Incorporated. Each chiropractic member of the board shall have been a resident of and engaged in the active practice of chiropractic in the state for a period of at least five years preceding his or her appointment.(b) As existing board members' terms expire, newly appointed board members are appointed by the Governor for a term of office of three years. No member may serve more than two full consecutive three-year terms. When a vacancy in the membership of the board occurs for a cause other than the expiration of a term, the Governor shall appoint a new member from a list of three names recommended by West Virginia Chiropractic Society, Incorporated, to fill the unexpired portion of the term of office.(c) The Governor may remove any member of the board in case of incompetency, neglect of duty, gross immorality or malfeasance in office.(d) The board shall conduct an annual training program to familiarize new board members with their duties.(e) Each member of the board is entitled to receive compensation in the amount paid to members of the Legislature for interim duties for each day or substantial portion that he or she is engaged in the work of the board or of its committees. Members are entitled to be reimbursed for actual and necessary expenses incurred in carrying out his or her duties.
WV Code § 30-16-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 16. Chiropractors|§30-16-5. Powers and Duties of the Board

(a) The board shall:(1) Administer, coordinate and enforce the provisions of this article, evaluate the qualifications of applicants, supervise the examination of applicants, issue or deny original or endorsement licenses;(2) Investigate allegations of violations of this article and impose penalties if violations of this article have occurred;(3) Propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, which shall after adoption govern and control the professional conduct of every person who holds a license to practice chiropractic in this state, and which shall include, but not be limited to, rules that:(A) Delineate qualifications for licensure, including qualifications for practice in specialties;(B) Specify requirements for the renewal of licensure;(C) Set forth procedures for licensure of chiropractors;(D) Establish a fee schedule for the amount and payment of all fees and charges;(E) Establish standards of professional conduct; (F) Establish procedures for disciplinary actions and complaint resolutions; and (G) Provide for duties of board members;(4) Evaluate the professional education and training of applicants for licensure and licensure renewal;(5) Evaluate the previous professional performance of applicants for licensure and licensure renewal;(6) Accept or deny applications for license renewal;(7) Establish appropriate fees and charges to support the active and effective pursuit of its legal responsibilities;(8) Employ personnel as determined by its needs and budget;(9) Request legal advice and assistance, as needed, from the Attorney General;(10) Enter into contracts necessary to carry out its responsibilities under this article, including contracts for professional services that may include investigation, financing or legal services;(11) Develop and adopt a budget; and(12) Communicate disciplinary actions to relevant state and federal authorities and to other state chiropractic licensing authorities.
WV Code § 30-16-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 16. Chiropractors|§30-16-7. Examination; Certificates of License

(a) No person may receive a license to practice chiropractic unless he or she successfully completes the national board of chiropractic examination Parts I, II, III and IV and an oral examination administered by the board covering jurisprudence. Examinations shall be conducted at least two times throughout the calendar year and the board shall issue certificates of license to all applicants who successfully pass the examinations. No license may be issued under this section until the person applying has paid to the board the prescribed fee.(b) All applicants are required to attain a minimum passing score in each national board Parts I, II, III and IV examinations. All applicants are required to secure an average grade of seventy percent on the oral examination. If an applicant does not successfully complete the oral examination, he or she may retake the oral examination. If a satisfactory score is not achieved on the second attempt, the applicant shall take and successfully complete a national special purposes examination for chiropractic examination before sitting for another oral examination.(c) Any individual found by the board to have engaged in conduct that subverts or attempts to subvert the chiropractic licensing examination process is, at the discretion of the board, subject to having the scores on the licensing examination withheld or declared invalid, being disqualified from the practice of chiropractic or subjected to other appropriate sanctions. The federation of chiropractic licensing boards shall be informed of all such actions. The board shall provide notification to all applicants of the prohibitions on conduct that subverts or attempts to subvert the licensing examination process and of the sanctions imposed for the conduct. A copy of the notification attesting that he or she has read and understood the notification shall be signed by the applicant and filed with his or her application.