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WV Code § 30-34-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-11. Examination Requirement; Termination of Temporary Licenses

(a) After the establishment of the board of respiratory care, a license shall be issued to applicants who, on the effective date of this article, have passed the National Board of Respiratory Care, Inc., entry-level or registry examinations, or their equivalent as approved by the board.(b) Applicants who have not passed either of these national examinations or their equivalent and who, through written evidence verified by oath, demonstrate that they have been functioning for two years in the capacity of a respiratory care provider as defined by this article shall be issued a temporary license to practice respiratory care. A temporary license shall be valid until December 31, 1997. Persons holding a temporary license shall be issued a license to practice only after achieving a passing score on a licensure exam administered or approved by the board. After December 31, 1997, persons who have not passed either of these national examinations or their equivalent shall not be licensed to practice respiratory care until they have achieved a passing score on a licensure exam administered or approved by the board.(c) Any person issued a license pursuant to this section shall be required to pay the license or renewal fees established in section seven of this article.
WV Code § 30-34-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-12. Professional Identification

(a) A person holding a license to practice respiratory care as a respiratory therapist in this state who has successfully completed the entry level examination of the national board of respiratory care or any successor organization may use the title "licensed respiratory therapist certified" and the abbreviation "LRTC."(b) A person holding a license to practice as a respiratory therapist in this state who has successfully completed the registry examination of the national board of respiratory care or any successor organization may use the title "licensed respiratory therapist registered" and the abbreviation "LRTR."(c) The board may change the professional identification for its profession should the accepted reference to the providers of respiratory care be changed by the national board of respiratory care or its successor organization.(d) A licensee shall either show his or her license or provide a copy thereof within twenty-four hours of a request from an employer or the board.
WV Code § 30-34-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-13. Disciplinary Criteria

The board may revoke, suspend or refuse to renew any license, or place on probation, or otherwise reprimand a licensee or permit holder, or deny a license to an applicant if it finds that the person:(a) Is guilty of fraud or deceit in procuring or attempting to procure a license or renewal of a license to practice respiratory care;(b) Is unfit or incompetent by reason of negligence, habits or other causes of incompetence;(c) Is habitually intemperate in the use of alcoholic beverages;(d) Is addicted to or has improperly obtained, possessed, used or distributed habit-forming drugs or narcotics;(e) Is convicted of a felony that materially affects the person's ability to safely practice respiratory care;(f) Is guilty of dishonest or unethical conduct as determined by the board of respiratory care;(g) Has practiced respiratory care after his or her license or permit has expired, been suspended or revoked;(h) Has practiced respiratory care under cover of any permit or license illegally or fraudulently obtained or issued; or(i) Has violated or aided or abetted others in violation of any provision of this article.
WV Code § 30-34-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-14. Due Process Procedure

(a) Upon filing with the board a written complaint charging a person with being guilty of any of the acts described in section thirteen of this article, the administrative secretary or other authorized employee of the board shall provide a copy of the complaint or list of allegations to the person about whom the complaint was filed. That person will have twenty days thereafter to file a written response to the complaint. The board shall thereafter, if the allegations warrant, make an investigation. If the board finds reasonable grounds for the complaint, a time and place for a hearing shall be set, notice of which shall be served on the licensee, permit holder or applicant at least fifteen calendar days in advance of the hearing date. The notice shall be by personal service or by certified or registered mail sent to the last known address of the person.(b) The board may petition the circuit court for the county within which the hearing is being held to issue subpoenas for the attendance of witnesses and the production of necessary evidence in any hearing before it. Upon request of the respondent or of his or her counsel, the board shall petition the court to issue subpoenas in behalf of the respondent. The circuit court upon petition may issue such subpoenas as it deems necessary.(c) Unless otherwise provided in this article, hearing procedures shall be promulgated in accordance with, and a person who feels aggrieved by a decision of the board may take an appeal pursuant to, the administrative procedures in this state as provided in chapter twenty-nine-a of this code.
WV Code § 30-34-15 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-15. Exceptions

(a) A person may not practice respiratory care or represent himself or herself to be a respiratory care practitioner unless he or she is licensed under this article except as otherwise provided by this article.(b) This article does not prohibit:(1) The practice of respiratory care which is an integral part of the program of study by students enrolled in respiratory care education programs accredited by organizations approved by the board. Students enrolled in respiratory care education programs shall be identified as "student RCP" and may only provide respiratory care under clinical supervision;(2) Self-care by a patient, or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care practitioner;(3) Respiratory care services rendered in the course of an emergency;(4) Persons in the military services or working in federal facilities providing respiratory care services when functioning in the course of their assigned duties; or(5) The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formalized or specialized training approved by the board.(c) Nothing in this article is intended to limit, preclude or otherwise interfere with the practices of other persons and health care providers licensed by appropriate agencies of the state.(d) Nothing in this article prohibits home medical equipment dealers from delivering and instructing persons in the operation of home medical respiratory equipment, or from receiving requests for changes in equipment and settings from physicians or other authorized individuals.(e) An individual who passes an examination or successfully completes training that includes content in one or more of the functions included in this article is not prohibited from performing those procedures for which he or she was tested, so long as the testing body offering the examination or training is approved by the board.
WV Code § 30-34-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-16. Practice of Medicine Prohibited

Nothing in this article may be construed to permit the practice of medicine.
WV Code § 30-35-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-1. License to Practice

(a) After June 30, 1997, anyone who represents or implies to the public by use of the title "dietitian" or "licensed dietitian" or any other title intended to convey the impression that he or she is authorized to practice dietetics in this state must be licensed pursuant to this article.(b) No person may use any title, sign, card or other device which indicates that such person is a licensed dietitian unless expressly authorized and licensed pursuant to the provisions of this article: Provided, That a dietitian registered by the commission on dietetic registration may use the title of registered dietitian: Provided, however, That the requirements and provisions of this article do not apply to any person employed as a cook at any public or private educational institution in this state.(c) Nothing in this article may be construed to affect individuals who furnish nutrition information on food, food materials or dietary supplements or who engage in explanation to customers about food, food materials or dietary supplements in connection with the marketing and distribution of those products, and who do not use the title "dietician" or "licensed dietician."
WV Code § 30-35-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-2. Definitions

As used in this article, the following terms have the meanings ascribed to them:(a) "Board" means the West Virginia board of licensed dietitians;(b) "Commission on dietetic registration" means the commission on dietetic registration that is a member of the national commission for health certifying agencies;(c) "Fund" means the board of examiners for dietitians' administrative fund created pursuant to the provisions of section five of this article;(d) "Licensed dietitian" means any person who has obtained a license to practice as a licensed dietitian from the West Virginia board of licensed dietitians;(e) "Medical nutrition therapy" or "nutrition therapy" means nutritional diagnostic assessment and nutrition therapy services for the purpose of disease management; and(f) "Registered dietitian" means a person registered by the commission on dietetic registration.
WV Code § 30-35-2a (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-2a. Scope of Practice

(a) The primary scope of practice of licensed dietitians is the provision of medical nutrition therapy. Licensed dietitians may also perform other nutrition-related services to promote the general health, well-being and the prevention of chronic diseases or conditions.(b) Nothing in this article may be construed to prohibit or otherwise limit the practice of a profession by persons who are licensed, certified or registered under the laws of this state and who are performing services within their authorized scope of practice.
WV Code § 30-35-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-3. Board of Licensed Dietitians

(a) There is continued the West Virginia board of licensed dietitians. The board consists of five members who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall make appointments from a list of not less than eight names submitted to the Governor by the West Virginia dietetic association. Each member of the board shall be a citizen of the United States and a resident of this state. Four members shall have experience as a registered or licensed dietitian for a minimum of three years preceding the date of appointment. One member of the board shall be a lay person who is not a registered or licensed dietitian and not subject to the practice requirements of this subsection.(b) The Governor shall appoint members of the board for overlapping terms of four years: Provided, That each member shall serve no more than two consecutive four-year terms: Provided, however, That appointments to fill a vacancy may not be considered as one of two consecutive terms: Provided further, That terms in effect on the effective date of this section shall be considered as one of two consecutive terms.(c) In the event a board member is unable to complete a term, the Governor shall appoint a person with similar qualifications to complete the unexpired term. Each vacancy occurring on the board shall be filled by appointment within sixty days after the vacancy is created.(d) Each member of the board may receive compensation for attendance at official meetings not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law and may be reimbursed for actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties in a manner consistent with guidelines of the travel management office of the Department of Administration.(e) Annually, the members shall elect a chair, vice chair and secretary. The chair shall preside over the meetings and hearings of the board. The vice chair shall assume the chair's duties in the absence of the chair. All meetings shall be general meetings for the consideration of any matter which may properly come before the board. A majority of the board constitutes a quorum for the transaction of business. The board shall meet at least once a year and at such other times and places as it may determine; and shall meet on the call of the chair. It is the duty of the chair to call a meeting of the board on the written request of three members of the board. The board shall keep an accurate record of all proceedings and maintain the board records. The board may employ personnel necessary to accomplish the performance of its duties: Provided, That the board may not expend more than it has available to it solely through the fees established in this article or as established in accordance with section six, article one of this chapter.
WV Code § 30-35-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-4. Powers and Duties of Board

(a) The board may, in its discretion, perform the following functions and duties, depending on the financial resources available to the board:(1) Promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code to implement and effectuate the provisions of this article, including, but not limited to, legislative rules establishing the following:(A) A code of professional ethics;(B) Continuing education requirements and standards;(C) Examination, licensure and renewal requirements of duly qualified applicants; and(D) Procedures and guidelines for the suspension or revocation of a license.(2) Adopt procedural and interpretive rules in accordance with the provisions of chapter twenty-nine-a of this code;(3) Adopt an official seal;(4) Conduct license examinations of duly qualified applicants;(5) Issue and renew licenses and issue interim permits to duly qualified applicants;(6) Impose and collect fees for the issuance and renewal of permits or licenses;(7) Suspend, revoke and reinstate licenses;(8) Conduct hearings on licensing issues and any other matter properly within the jurisdiction of the board;(9) Maintain a record of all proceedings of the board; and(10) Submit a biennial report to the Governor describing the activities of the board.(b) The Legislature finds and declares that this board is intended to be fully self supported through the fee structure provided for in this article, and that the board shall not require any legislative appropriation beyond the revenues the board receives in fees. Accordingly, in the event the board has insufficient moneys to perform its duties under this article, the board shall prioritize its duties under this article so at all times to remain within the money available to it through the fees established in this article. The board created in this article has only discretionary duties.
WV Code § 30-35-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-5. Fees; Special Revenue Account; Expenditures and Transfers

(a) All fees and other moneys collected by the board pursuant to the provisions of this article shall be deposited in an appropriated special revenue account designated the "board of examiners for licensed dietitians," which is hereby created in the State Treasury.(b) All expenses incurred by the board shall be paid from the special fund provided in subsection (a) herein. No compensation or expense incurred pursuant to the provisions of this article may be charged against the General Revenue Funds of this state. Expenditures shall be made only in accordance with appropriation by the Legislature pursuant to the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions of article two, chapter five-a of this code. Expenditures from the special fund shall be for the purposes set forth in this article and are not authorized from collections: Provided, That for the fiscal year ending June 30, 1996, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.(c) Amounts collected which are found from time to time to exceed the funds needed to effectuate the purposes set forth in this section may be transferred to other accounts or funds and redesignated for other purposes upon appropriation by the Legislature.
WV Code § 30-35-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-6. Provisional Permits; Renewals; Fees

(a) The board may issue a provisional permit to engage in practice as a licensed dietitian to any person who has not met the experience requirements set forth in this article upon the filing of an application and submission of evidence of successful completion of the education requirements of this article. A provisional permit expires one year from the date of issuance. Renewals may be issued for a period not to exceed three years upon request by the applicant and submission of a satisfactory explanation for the applicant's failure to become licensed.(b) The fee for a provisional permit or renewal is $50, which shall be submitted with the application. All fees collected shall be deposited to the credit of the fund provided in section five of this article.
WV Code § 30-35-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-7. Qualifications; Licensure; Examinations; Waivers and Fees

(a) An applicant for a license to engage in practice as a licensed dietitian shall submit to the board written evidence, verified by oath, that he or she:(1) Complies with the code of ethics adopted by the board;(2) Has completed a major course of study in human nutrition, dietetics, food systems management or the equivalent thereof and possesses a baccalaureate or post-baccalaureate degree; and(3) Has completed a planned continuous professional experience component in dietetic practice of not less than nine hundred hours under the supervision of a registered or licensed dietitian.(b) Each applicant is required to pass a written examination demonstrating competence in the discipline of dietetics and nutrition. Each written examination may be supplemented by an oral examination. The board shall determine the times and places for examinations.(c) When an applicant successfully passes an examination or examinations, the board shall issue to the applicant a license to engage in practice as a licensed dietitian. In the event an applicant has failed to pass examinations on three occasions, the applicant shall, in addition to the other requirements of this section, present to the board other evidence of his or her qualifications that the board prescribes.(d) Upon application and submission of the applicable fee, the board may waive the examination requirements of this section and issue a license to practice as a licensed dietitian to an applicant who is registered by the commission on dietetic registration or who has been duly licensed as a nutritionist or dietitian under the laws of another state if the standards for licensing in that state are no less stringent than those required under the provisions of this article.(e) Any person applying for a dietitian license shall submit a fee of $50 or a reasonable fee established by legislative rule pursuant to section six, article one of this chapter with the application to the board, which shall be deposited to the credit of the fund provided in section five of this article.
WV Code § 30-35-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-8. Renewal of Licenses; Reinstatement; Fees; Penalties; Inactive Lists

(a) The license of every person licensed under the provisions of this article shall be annually renewed except as otherwise provided by this section. At such times as the board, in its discretion, may determine, the board shall mail a renewal application to every person whose license was initially granted or renewed during the previous calendar year. All persons seeking renewal shall submit a completed application and a $50 annual renewal fee or a reasonable renewal fee established by legislative rule pursuant to section six, article one of this chapter. Upon receipt of the application and fee, the board shall verify the accuracy of the application and, if it is accurate, issue to the applicant a certificate of renewal of the license for the current year. The certificate of renewal entitles its holder to practice dietetics for the period stated on the certificate of renewal.(b) Any licensee who allows his or her license to lapse by failing to renew for a period not exceeding three years may be reinstated by the board upon receipt of a satisfactory explanation for the failure to renew his or her license and payment of the annual renewal fee plus a reinstatement fee of $25 or a reasonable reinstatement fee established by legislative rule pursuant to section six, article one of this chapter.(c) Any person allowing his or her license to lapse for a period exceeding three years is required, to be reinstated as a licensed dietitian, to pass a written examination established by the board and to pay to the board a licensing fee of $50 or a reasonable licensing fee established by legislative rule pursuant to section six, article one of this chapter.(d) Any person engaged in the practice of licensed dietetics during the time his or her license has lapsed is in violation of the provisions of this article and is subject to the penalties provided in section fourteen of this article.(e) Any licensed dietitian who desires to retire from practice temporarily shall submit a written notice of the retirement to the board. Upon receipt of the notice the board shall place the name of that person upon the inactive list. Any person remaining on the inactive list may not engage in the practice of licensed dietetics in this state and is not subject to the payment of any renewal fees. Upon submission of an application for renewal of license and payment of the renewal fee for the current year, a licensed dietitian may resume active practice.
WV Code § 30-35-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-9. Contents of License or Provisional Permit

Each license or provisional permit issued by the board shall bear a serial number, the full name of the applicant, the date of expiration of any such license, or the date of issuance and expiration of any such provisional permit and the seal of the board, and shall be signed by the secretary of the board. The licensee shall display the license in his or her place of business in view of the public.