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WV Code § 30-32A-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 32A. Speech-Language Pathologists and Audiologists Compact|§30-32A-11. Dispute Resolution and Enforcement

(a) Dispute resolution - (1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.(b) Enforcement -(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.(2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorneys fees.(3) The remedies in this section are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
WV Code § 30-32A-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 32A. Speech-Language Pathologists and Audiologists Compact|§30-32A-12. Date of Implementation of the Interstate Commission for Audiology and Speech-Language Pathology Practice and Associated Rules, Withdrawal, and Amendment

(a) The compact takes effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.(b) Any state that joins the compact subsequent to the commissions initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state.(c) Any member state may withdraw from this compact by enacting a statute repealing participation in this compact.(1) A member states withdrawal shall not take effect until six months after enactment of the repealing statute.(2) Withdrawal shall not affect the continuing requirement of the withdrawing states audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.(d) Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
WV Code § 30-32A-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 32A. Speech-Language Pathologists and Audiologists Compact|§30-32A-13. Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes of the compact. The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected. If this compact is held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
WV Code § 30-32A-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 32A. Speech-Language Pathologists and Audiologists Compact|§30-32A-14. Binding Effect of Compact and Other Laws

(a) Nothing in this article prevents the enforcement of any other law of a member state that is not inconsistent with the compact.(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.(c) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.(d) All agreements between the commission and the member states are binding in accordance with their terms.(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
WV Code § 30-33-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 33. Tattoo Studio Business|§30-33-1. To 30-33-7

Repealed.Acts, 2001 Reg. Sess., Ch. 291.
WV Code § 30-34-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-1. License Required to Practice

In order to protect the life, health and safety of the public, any person practicing or offering to practice as a licensed, certified or registered respiratory therapist is required to submit evidence that he or she is qualified to practice, and is licensed as provided in this article. It is unlawful for any person not licensed under the provisions of this article to practice as a respiratory therapist in this state, to deliver any portion of the description of services or scope of practice, or to use any title, sign, card or device to indicate that he or she is a respiratory therapist. The provisions of this article are not intended to limit, preclude or otherwise interfere with the practice of other health care providers including those health care providers working in any setting and licensed by appropriate agencies or boards of the State of West Virginia whose practices and training may include elements of the same nature as the practice of a licensed, certified or registered respiratory therapist.
WV Code § 30-34-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-3. Board of Respiratory Care

(a) There is hereby created the West Virginia board of respiratory care. The board shall consist of seven members, appointed by the Governor with the advice and consent of the Senate, and shall consist of one lay citizen member; one practicing physician member currently licensed in West Virginia with board certification, clinical training and experience in the management of pulmonary disease; and five members licensed under the provisions of this article and engaged in the practice of respiratory care for the five years immediately preceding their appointment. One of the respiratory practitioners appointed shall be employed full time in home respiratory care by a home medical equipment supplier. All appointees shall be citizens of the United States and residents of this state. The West Virginia society for respiratory care or its successor organization shall make recommendations to the Governor regarding individuals to be considered for initial and subsequent appointments.(b) The members of the board shall each serve terms that commence on July 1, 1995. Of the initial appointments to the board, one physician and one respiratory care practitioner shall serve for two-year terms, one public member and two respiratory care practitioners shall serve for three-year terms, and two respiratory care practitioners shall serve for four-year terms. Thereafter, each appointment shall be for a four-year term commencing upon the expiration of the term of his or her previous term or of his or her predecessor's term. No member may be appointed for more than three consecutive terms. Vacancies shall be appointed in a like manner for the balance of an unexpired term.(c) The West Virginia medical association, or other organizations if requested by the Governor, may submit the names of three physicians qualified to serve in that designated position on the board.(d) The Governor may remove any member from the board for neglect of any duty required by law or for incompetence or unethical or dishonorable conduct.
WV Code § 30-34-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-4. Organization and Meetings of Board; Quorum; Expenses

(a) The board shall meet at least twice a year and elect annually a chairperson and a vice chairperson from its members. The board may hold other meetings during the year as the chairperson or board deem necessary to transact its business.(b) A majority, including one officer, constitutes a quorum at any meeting, but a majority of the board is required to take action by vote. The board members shall receive travel and other necessary expenses actually incurred while engaged in board activities up to a maximum of $200 per board meeting. All reimbursement of expenses shall be paid out of the board of respiratory care fund created by the provisions of this article.
WV Code § 30-34-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-5. Board Responsibilities

The board shall:(a) Provide public notice to all state hospitals and to all persons currently practicing as respiratory care practitioners that a license shall be required to continue practicing as a respiratory care technician or respiratory therapist, after June 30, 1996;(b) Examine, license and renew the licenses of duly qualified applicants;(c) Maintain a current registry of persons licensed to practice respiratory care under this article which shall contain information on the licensee's place of employment, address, license number and the date of licensure;(d) Cause the prosecution of all persons violating this article, incurring any expenses necessary;(e) Keep a record of all proceedings of the board and make it available to the public for inspection during reasonable business hours;(f) Conduct hearings on charges that subject a licensee to disciplinary action and on the denial, revocation or suspension of a license;(g) Maintain an information registry of persons whose licenses have been suspended, revoked or denied. The information shall include the individual's name, social security number, type and cause of action, date of board action, type of penalty incurred and the length of penalty. This information shall be available for public inspection during reasonable business hours and supplied to similar boards in other states upon request;(h) Establish rules pursuant to the provisions of chapter twenty-nine-a of this code regarding relicensure and continuing education requirements. Continuing education requirements shall be established pursuant to a recognized continuing respiratory care education program such as, but not limited to, the program established by the american association for respiratory care;(i) Maintain continuing education records; and(j) Approve the training, continuing education and competency evaluation methods for respiratory care practitioners to perform entry level and advanced procedures in the art and techniques of respiratory care.
WV Code § 30-34-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-6. Powers of the Board; Fund

(a) The board may:(1) Adopt rules pursuant to article three, chapter twenty-nine-a of this code, as may be necessary to enable it to effect the provisions of this article;(2) Employ such personnel as necessary to perform the functions of the board, including an administrative secretary, and pay all personnel from the board of respiratory care fund;(3) Establish relicensure requirements, rules of probation for licensees, and other procedures as deemed appropriate;(4) Secure the services of resource consultants, as deemed necessary by the board, who shall receive travel and other necessary expenses, consistent with state laws and policies, while engaged in consultative service to the board and who shall be reimbursed exclusively from the board of respiratory care fund;(5) Fix appropriate and reasonable fees for mandatory licensure, which shall be no greater than $200 for initial licensure or $150 for annual license renewal. All fees shall be reviewed periodically and modified as necessary.(b) The board shall designate one person to accept and deposit moneys paid to the board. The money so collected shall be deposited with the treasurer of the state and credited to an account to be known as the "board of respiratory care fund." Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code: Provided, That for the fiscal year ending June 30, 1996, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature. No part of the state's General Revenue Fund shall be expended to carry out the purposes of this article.(c) The board may contract with other state boards or state agencies to share offices, personnel and other administrative functions as authorized under this article.
WV Code § 30-34-6a (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-6a. Rulemaking Authority

(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 licensure and permits to practice respiratory care;(2) Procedures for examination and reexamination;(3) Educational and experience requirements;(4) Standards for approval of courses;(5) Procedures for the issuance and renewal of licenses and temporary permits;(6) Procedures which may be delegated to a student practicing under a temporary student permit;(7) A fee schedule;(8) Continuing education requirements for licensees;(9) The procedure for denying, suspending, revoking, reinstating or limiting the practice of a licensee or permittee;(10) Requirements for inactive or revoked licensees or temporary permits; and(11) Any other rules necessary to effectuate the provisions of this article.(b) All rules in effect on the effective date of this section remain in effect until they are amended, repealed or replaced.
WV Code § 30-34-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-7. Issuance of License; Renewal of License; Renewal Fee; Display of License

(a) When the board finds that an applicant meets all of the requirements of this article for a license to engage in the practice of respiratory care, it shall forthwith issue to that person a license. Otherwise, the board shall deny the application. The application is to be submitted with a license fee of $200. If any application is rejected, the board shall return the fee less any actual costs incurred in processing the application.(b) Every licensee shall renew his or her license on or before January 1, of each year by payment of a fee established by the board which shall be no greater than $150. Any license that is not so renewed shall automatically lapse. A license which has lapsed may be renewed within five years of its expiration date by meeting the requirements set forth by the board and payment of a fee equal to that established for the initial license. After the expiration of such five-year period, a license may be renewed only by complying with the provisions relating to the issuance of an original license.(c) A person currently licensed to practice pursuant to this article may apply for an inactive status by providing written notice to the board and ceasing to engage in the practice of respiratory care in this state: Provided, That the inactive status is granted for no longer than five years. The board shall maintain a list of licensees on inactive status. Any person granted inactive status is not subject to the payment of any fees otherwise required by the board. Prior to engaging in the practice of respiratory care, the person shall submit to the board an application for the renewal of the license and payment of a renewal fee for the current year.(d) The board may deny any application for renewal of a license for any reason which would justify the denial of an original application for a license as specified by provisions of this article.(e) The board shall prescribe the form of licenses.
WV Code § 30-34-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-8. Criteria for Licensure

(a) Upon payment of the proper fees, an applicant for a license to practice respiratory care shall submit to the board written evidence, verified by oath, that the applicant:(1) Has completed an approved respiratory care educational program; and(2) Passed a certification or registration examination, except where otherwise provided in this article. This examination may be administered by the state or by a national agency approved by the board. The board shall set the passing score for the examination.(b) The board may also issue a license to practice respiratory care by endorsement to an applicant who is currently licensed to practice respiratory care under the laws of another state, territory or country if the qualifications of the applicant are considered by the board to be equivalent to, or greater than, those required in this state.(c) The board may also issue a license to practice respiratory care by endorsement to respiratory therapists holding credentials conferred by the National Board for Respiratory Care, Inc., or its successor organizations, if the credentials have not been suspended or revoked. Applicants applying under the conditions of this section shall be required to certify under oath that their credentials have not been suspended or revoked.(d) If an applicant fails to complete the requirements for licensure within ninety days from the date of filing, the application is considered to be abandoned.
WV Code § 30-34-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-9. Temporary Student Permits

(a) Subject to the provisions of subsection (d) of this section, the board may issue a temporary student permit to practice respiratory care for a period of up to six months to a student enrolled in a respiratory care educational program which is approved by the board if the student submits:(1) A student work permit form signed by the program director and by a principal administrative official of the institution where the program is located;(2) An official transcript indicating successful completion of a minimum of thirty semester hours or the quarter hour equivalent, eighteen of which must be specific to respiratory care core curriculum, and at least two hundred clinical hours;(3) Documentation from the program director and by a principal administrative official of the institution where the program is located stating that the student has successfully completed didactic and clinical competency requirements equal to the first year curriculum and approved by the board; and(4) A signed permit application form and an initial permit application fee as prescribed by rule.(b) A student practicing under a temporary student permit may work only under the supervision of an employee of the same department with a minimum Licensed Respiratory Therapist Certified credential issued by the board and who is present on the premises and available to the student at all times.(c) A student practicing under a temporary student permit may not use worked paid hours as a substitute for clinical rotations required by his or her respiratory care educational program.(d) Upon expiration of the initial permit, the student may apply for one renewal permit for up to six additional months by providing documentation from the program director stating the student is actively enrolled in at least nine semester hours, and is making satisfactory progress in his or her respiratory care core curriculum and clinical rotations, and payment of a renewal fee as prescribed by rule.(e) The board may promulgate emergency rules, pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to set forth those procedures which may be delegated to a student practicing under a temporary student permit and fees for issuance and renewal of temporary student permits. The board may not issue temporary student permits unless and until the rule authorized by this subsection is in effect.
WV Code § 30-34-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 34. Board of Respiratory Care Practitioners|§30-34-10. Prohibitions and Penalties

It shall be a misdemeanor for any person, including any corporation or association, to:(a) Sell or fraudulently obtain or furnish any respiratory care provider license or record or aid or abet therein;(b) Practice as a respiratory care provider under cover of any diploma, license or record illegally or fraudulently obtained or signed or issued or under fraudulent representation;(c) Practice as a respiratory care provider unless duly licensed to do so under the provisions of this article;(d) Use in connection with his or her name any designation tending to imply that he or she is licensed to practice as a respiratory care provider unless duly licensed so to practice under the provisions of this article;(e) Practice as a respiratory care provider during the time his or her license issued under the provisions of this article is suspended or revoked;(f) Conduct a respiratory care provider licensing program for the preparation of respiratory care provider unless such program has been accredited by the board; or(g) Otherwise violate any provisions of this article.Upon conviction, each misdemeanor shall be punishable by a fine of not less than twenty-five nor more than $250.