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WV Code § 30-8-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-4. Board of Optometry

(a) The West Virginia Board of Optometry is continued. The members of the board in office on July 1, 2010, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.(b) The board shall consist of the following members appointed by the Governor, by and with the advice and consent of the Senate:(1) Five licensed optometrists; and(2) Two citizen members, who are not licensed under the provisions of this article and who do not perform any services related to the practice of the profession regulated under the provisions of this article.(c) Each licensed member of the board, at the time of his or her appointment, must have held a professional license in this state for a period of not less than three years immediately preceding the appointment.(d) Each member of the board must be a resident of this state during the appointment term.(e) The term shall be three years. A member may not serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified.(f) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.(g) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.(h) A member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked, is convicted of a felony under the laws of any jurisdiction, or becomes a nonresident of this state.(i) The board shall elect annually a president and a secretary-treasurer from its members who serve at the will of the board.(j) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.(k) A majority of the members of the board constitutes a quorum.(l) The board shall hold at least two meetings a year. Other meetings may be held at the call of the president or upon the written request of two members at the time and place as designated in the call or request.(m) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
WV Code § 30-8-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-5. Powers and Duties of the Board

(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.(b) The board shall:(1) Hold meetings, conduct hearings and administer examinations;(2) Establish requirements for licenses, certificates and permits;(3) Establish procedures for submitting, approving and rejecting applications for licenses, certificates and permits;(4) Determine the qualifications of any applicant for licenses, certificates and permits;(5) Prepare, conduct, administer and grade examinations for licenses;(6) Determine the passing grade for the examinations;(7) Maintain records of the examinations by the board or a third party administer, including the number of persons taking the examinations and the pass and fail rate;(8) Hire, discharge, establish the job requirements and fix the compensation of the executive secretary;(9) Maintain an office and hire, discharge, establish the job requirements and fix the compensation of employees, investigators and contracted employees necessary to enforce the provisions of this article;(10) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;(11) Conduct disciplinary hearings of persons regulated by the board;(12) Determine disciplinary action and issue orders;(13) Institute appropriate legal action for the enforcement of the provisions of this article;(14) Maintain an accurate registry of names and addresses of all licensees regulated by the board;(15) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;(16) Establish the continuing education requirements for licensees;(17) Issue, renew, combine, deny, suspend, revoke or reinstate licenses, certificates and permits;(18) Establish a fee schedule;(19) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and(20) Take all other actions necessary and proper to effectuate the purposes of this article.(c) The board may:(1) Contract with third parties to administer the examinations required under the provisions of this article;(2) Sue and be sued in its official name as an agency of this state; and(3) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.
WV Code § 30-8-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-6. Rulemaking

(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:(1) Standards and requirements for licenses, certificates and permits;(2) Procedures for examinations and reexaminations;(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;(4) Educational and experience requirements;(5) The passing grade on the examinations;(6) Standards for approval of courses and curriculum;(7) Procedures for the issuance and renewal of licenses, certificates and permits;(8) A fee schedule;(9) A prescription drug formulary classifying those categories of oral drugs rational to the diagnosis and treatment of visual defects or abnormal conditions of the human eye and its appendages, which may be prescribed by licensees from Schedules III, IV and V of the Uniform Controlled Substances Act. The drug formulary may also include oral antibiotics, oral nonsteroidal anti-inflammatory drugs and oral carbonic anhydrase inhibitors;(10) Requirements for prescribing and dispensing contact lenses that contain and deliver pharmaceutical agents that have been approved by the Food and Drug Administration as a drug;(11) Continuing education requirements for licensees;(12) The procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees, certificate holders and permittees;(13) Requirements for inactive or revoked licenses, certificates or permits;(14) Requirements for an expanded scope of practice for those procedures that are taught at fifty percent of all accredited optometry schools; and(15) Any other rules necessary to effectuate the provisions of this article.(b) All of the board's rules in effect on July 1, 2010, shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.(c) The board shall promulgate procedural and interpretive rules in accordance with section eight, article three, chapter twenty-nine-a of this code.
WV Code § 30-8-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-7. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "West Virginia Board of Optometry Fund", which is continued. The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.(b) Any amount received as fines, imposed pursuant to this article, shall be deposited into the General Revenue Fund of the State Treasury.
WV Code § 30-8-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-8. License to Practice Optometry

(a) To be eligible for a license to engage in the practice of optometry, the applicant must:(1) Be at least twenty-one years of age;(2) Be of good moral character;(3) Graduate from a school approved by the Accreditation Council on Optometric Education or successor organization;(4) Pass an examination prescribed by the board;(5) Complete an interview with the board;(6) Not be addicted to the use of alcohol, drugs or other controlled substances;(7) Not have been convicted of a felony in any jurisdiction within ten years preceding the date of application for license, which conviction has not been reversed; and(8) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of optometry, which conviction has not been reversed.(b) A registration to practice issued by the board prior to July 1, 2010, shall for all purposes be considered a license issued under this article: Provided, That a person holding a registration issued prior to July 1, 2010, must renew pursuant to the provisions of this article.
WV Code § 30-8-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-9. Scope of Practice

(a) A licensee may:(1) Examine, diagnose and treat diseases and conditions of the human eye and its appendage within the scope established in this article or associated rules;(2) Administer or prescribe any drug for topical application to the anterior segment of the human eye for use in the examination, diagnosis or treatment of diseases and conditions of the human eye and its appendages: Provided, That the licensee has first obtained a certificate;(3)(A) Administer or prescribe any drug from the drug formulary, as established by the board pursuant to section six of this article, for use in the examination, diagnosis or treatment of diseases and conditions of the human eye and its appendages: Provided, That the licensee has first obtained a certificate;(B) New drugs and new drug indications may be added to the drug formulary by approval of the board;(4) Administer epinephrine by injection to treat emergency cases of anaphylaxis or anaphylactic shock;(5) Prescribe and dispense contact lenses that contain and deliver pharmaceutical agents and that have been approved by the Food and Drug Administration as a drug;(6) Prescribe, fit, apply, replace, duplicate or alter lenses, prisms, contact lenses, orthoptics, vision training, vision rehabilitation;(7) Perform the following procedures:(A) Remove a foreign body from the ocular surface and adnexa utilizing a nonintrusive method;(B) Remove a foreign body, external eye, conjunctival, superficial, using topical anesthesia;(C) Remove embedded foreign bodies or concretions from conjunctiva, using topical anesthesia, not involving sclera;(D) Remove corneal foreign body not through to the second layer of the cornea using topical anesthesia;(E) Epilation of lashes by forceps;(F) Closure of punctum by plug; and(G) Dilation of the lacrimal puncta with or without irrigation;(8) Furnish or provide any prosthetic device to correct or relieve any defects or abnormal conditions of the human eye and its appendages;(9) Order laboratory tests rational to the examination, diagnosis, and treatment of a disease or condition of the human eye and its appendages;(10) Use a diagnostic laser; and(11) A licensee is also permitted to perform those procedures authorized by the board prior to January 1, 2010.(b) A licensee may not:(1) Perform surgery except as provided in this article or by legislative rule;(2) Use a therapeutic laser;(3) Use Schedule II controlled substances. However, an oral pharmaceutical certified licensee may prescribe hydrocodone and hydrocodone containing drugs for a duration of no more than three days;(4) Treat systemic disease; or(5) Present to the public that he or she is a specialist in surgery of the eye.
WV Code § 30-8-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-10. Exceptions From Licensure

The following persons are exempt from licensure under this article:(1) Persons licensed to practice medicine and surgery under article three of this chapter or osteopathy under article fourteen of this chapter; and(2) Persons and business entities who sell or manufacture ocular devices in a permanently established place of business, who neither practice nor attempt to practice optometry.
WV Code § 30-8-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-11. Issuance of License; Renewal of License; Renewal Fee

(a) A licensee shall annually or biennially on or before July 1, renew his or her license by completing a form prescribed by the board, paying the renewal fee and submitting any other information required by the board.(b) The board shall charge a fee for renewal of a license, and a late fee for any renewal not paid by the due date.(c) The board shall require as a condition of renewal of a license that each licensee complete continuing education.(d) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license.
WV Code § 30-8-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-12. Temporary Permits

(a) Upon proper application and the payment of a fee, the board may issue, without examination, a temporary permit to engage in the practice of optometry in this state.(b) If the permittee receives a passing score on the examination, a temporary permit expires thirty days after the permittee receives the results of the examination.(c) If the permittee receives a failing score on the examination, the temporary permit expires immediately.(d) An applicant under this subsection may only be issued one temporary permit. Upon the expiration of a temporary permit, a person may not practice as an optometrist until he or she is fully licensed under the provisions of this article. In no event may a permittee practice on a temporary permit beyond a period of ninety consecutive days.(e) A temporary permittee under this section shall work under the supervision of a licensee, with the scope of such supervision to be defined by the board by legislative rule.
WV Code § 30-8-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-13. License From Another Jurisdiction; License to Practice in This State

(a) The board may issue a license to practice to an applicant of good moral character who holds a valid license or other authorization to practice optometry from another jurisdiction, if the applicant demonstrates that he or she:(1) Holds a license or other authorization to practice optometry in another state which requirements are substantially equivalent to those required in this state;(2) Does not have charges pending against his or her license or other authorization to practice, and has never had a license or other authorization to practice revoked;(3) Has not previously failed an examination for professional licensure in this state;(4) Has paid the applicable fee;(5) Has passed the examination prescribed by the board; and(6) Has fulfilled any other requirement specified by the board.(b) In its discretion, the board may interview and examine an applicant for licensing under this section. The board may enter into agreements for reciprocal licensing with other jurisdictions having substantially similar requirements for licensure.
WV Code § 30-8-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-14. Prescriptive Authority

(a) A licensee may prescribe: (1) Topical pharmaceutical agents; (2) oral pharmaceutical agents that are included in the drug formulary established by the board pursuant to section six of this article or new drugs or new drug indications added by a decision of the board; and (3) contact lenses that contain and deliver pharmaceutical agents that have been approved by the Food and Drug Administration as a drug.(b) An applicant must:(1) Submit a completed application;(2) Pay the appropriate fee;(3) Show proof of current liability insurance coverage;(4) Complete the board required training;(5) Pass an examination; and(6) Complete any other criteria the board may establish by rule.
WV Code § 30-8-15 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-15. Administration of Injectable Pharmaceutical Agents

(a) A licensee may not administer pharmaceutical agents by injection, other than epinephrine to treat emergency cases of anaphylaxis or anaphylactic shock, unless the provisions of this section, along with any legislative rule promulgated pursuant to this section, have been met.(b) Additional pharmaceutical agents by injection may be included in the rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code. These rules shall provide, at a minimum, for the following:(1) Establishment of a course, or provide a list of approved courses, in administration of pharmaceutical agents by injection;(2) Definitive treatment guidelines which shall include, but not be limited to, appropriate observation for an adverse reaction of an individual following the administration of a pharmaceutical agent by injection;(3) A requirement that a licensee shall have completed a board approved injectable administration course and completed an American Red Cross or American Heart Association basic life-support training, and maintain certification in the same;(4) Continuing education requirements for this area of practice;(5) Reporting requirements for licensees administering pharmaceutical agents by injection to report to the primary care physician or other licensed health care provider as identified by the person receiving the pharmaceutical agent by injection;(6) Reporting requirements for licensees administering pharmaceutical agents by injection to report to the appropriate entities;(7) That a licensee may not delegate the authority to administer pharmaceutical agents by injection to any other person; and(8) Any other provisions necessary to implement the provisions of this section.(c) In no event may a licensee be granted authority under this section to administer a pharmaceutical agent by injection directly into the globe of the eye.
WV Code § 30-8-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-17. Optometric Business Entities

(a) Only licensees may own a business entity that practices optometry.(b) A licensee may be employed by the business entity.(c) A business entity shall cease to engage in the practice of optometry when it is not wholly owned by licensees: Provided, That the personal representative of a deceased shareholder shall have a period, not to exceed eighteen months from the date of such shareholder's death, to dispose of such shares.
WV Code § 30-8-19 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-19. Procedures for Hearing; Right of Appeal

(a) Hearings shall be governed by the provisions of section eight, article one of this chapter.(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.(d) Any member or the executive secretary of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.(e) If, after a hearing, the board determines the licensee, certificate holder or permittee has violated the provisions of this article or the board's legislative rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
WV Code § 30-8-20 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-20. Judicial Review

Any licensee, certificate holder or permittee adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
WV Code § 30-8-21 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-21. Criminal Proceedings; Penalties

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee, certificate holder or permittee has committed a criminal offense under this article, the board may bring its information to the attention of an appropriate law-enforcement official.(b) A person violating section one of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or confined in jail not more than six months, or both fined and confined.
WV Code § 30-8-22 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8. Optometrists|§30-8-22. Single Act Evidence of Practice

In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
WV Code § 30-8A-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8A. Eye Care Consumer Protection Law|§30-8A-2. Prescriptions

(a) Except as otherwise provided in subsection (b), spectacles and contact lenses are medical devices and are subject to the requirements of this article.(b) The requirements of this article do not apply to the following:(1) A diagnostic contact lens that is used by a licensee during an examination and evaluation;(2) An optical instrument or device that is not intended to correct or enhance vision; or(3) An optical instrument or device that is sold without consideration of the visual status of the individual who will use the optical instrument or device.
WV Code § 30-8A-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 8A. Eye Care Consumer Protection Law|§30-8A-3. Prohibited Actions

A person may not:(1) Employ objective or subjective physical means to determine the accommodative or refractive condition; the range, power of vision or muscular equilibrium of the human eye or prescribe spectacles or contact lenses based on that determination unless that activity is performed by a licensee or performed by a person under direct supervision.(2) Dispense, give, or sell spectacles or contact lenses unless dispensed, given, or sold pursuant to a valid prescription.(3) Use an automated refractor or other automated testing device to generate objective refractive data unless that use is under direct supervision.