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WV Code § 30-36-18 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-18. Reprimands, Probations, Suspensions and Revocations; Grounds

The board, on the affirmative vote of a majority of its full authorized membership, may reprimand any licensee or certificate holder, place any licensee or certificate holder on probation, or suspend or revoke a license or certificate if the licensee or certificate holder:(1) Fraudulently or deceptively obtains or attempts to obtain a license or certificate for the applicant or licensee or certificate holder or for another;(2) Fraudulently or deceptively:(A) Uses a license or certificate; or(B) Solicits or advertises.(3) Is guilty of immoral or unprofessional conduct in the practice of acupuncture or auricular acudetox;(4) Is professionally, physically, or mentally incompetent;(5) Provides professional services while:(A) Under the influence of alcohol; or(B) Using any narcotic or controlled substance, as defined in §60A-1-101 of this code, or other drug that is in excess of therapeutic amounts or without a valid medical indication;(6) Knowingly violates any provision of this article or any rule of the board adopted under this article;(7) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;(8) Practices acupuncture or auricular detoxification therapy with an unauthorized person or assists an unauthorized person in the practice of acupuncture or auricular detoxification therapy;(9) Is disciplined by the licensing or disciplinary authority of this state or any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;(10) Willfully makes or files a false report or record in the practice of acupuncture or auricular detoxification therapy;(11) Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;(12) Submits a false statement to collect a fee; or(13) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the person is licensed and qualified to render because the individual is HIV positive, in conformity with standards established for treatment by physicians, dentists and other licensed health care professionals in cases of this nature.
WV Code § 30-36-19 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-19. 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 sixteen 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 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 § 30-37-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 37. Massage Therapists|§30-37-1. License Required to Practice

To protect the health, safety and welfare of the public and to ensure standards of competency, it is necessary to require licensure of those engaged in the practice of massage therapy. After June 30, 1998, it shall be unlawful for any person not licensed under the provisions of this article to practice massage therapy in this state, or to use the initials LMT, C.M.T., or the words "licensed massage therapist," "masseur," or "masseuse," or any other words or titles which imply or represent that the person, corporation or association is engaging in the practice of massage therapy, or employ any person, not duly licensed, who is engaging in the practice of massage therapy or who is using such words or titles to imply or represent that he or she is engaging in the practice of massage therapy.
WV Code § 30-37-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 37. Massage Therapists|§30-37-2. Definitions

(a) "Board" means the West Virginia massage therapy licensure board.(b) "Massage therapist" means a person licensed to practice the health care service of massage therapy under this article who practices or administers massage therapy to a client of either gender for compensation. No person licensed by the massage therapy licensure board may be referred to as a primary care provider nor be permitted to use such designation.(c) "Massage therapy" means a health care service which is a scientific and skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone, circulation, promoting health and physical well-being. Massage therapy includes massage, myotherapy, massotherapy, bodywork, bodywork therapy, or therapeutic massage including hydrotherapy, superficial hot and cold applications, vibration and topical applications or other therapies which involve manipulation of the muscle and connective tissue of the body, for the purpose of enhancing health, reducing stress, improving circulation, aiding muscle relaxation, increasing range of motion, or relieving neuro-muscular pain. Massage therapy does not include diagnosis or service which requires a license to practice medicine or surgery, osteopathic medicine, chiropractic, or podiatry, and does not include service performed by nurses, occupational therapists, or physical therapists who act under their own professional license, certificate or registration.(d) "Massage establishment" means a place of business wherein massage therapy is practiced.
WV Code § 30-37-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 37. Massage Therapists|§30-37-3. Board Established; Membership; Terms

(a) The West Virginia massage therapy licensure board consists of five members who are appointed by the Governor with the advice and consent of the Senate. Three members of the board shall be massage therapists, one member of the board shall be an osteopathic physician or chiropractor who is knowledgeable of modalities which are included in massage therapy, and one member of the board shall be a lay person who is not a massage therapist or other health care professional.(b) The terms of board members shall be staggered initially from July 1, 1997. The Governor shall appoint initially three members for a term of one year and two members for a term of two years. Subsequent appointments shall be for a term of two years. Each member shall serve until that member's successor is appointed and qualified, unless the board member is no longer competently performing the duties of office. Any vacancy on the board shall be filled by the Governor for the balance of the unexpired term. The Governor may remove members of the board from office for cause.
WV Code § 30-37-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 37. Massage Therapists|§30-37-4. Quorum Meetings; Officers; Reimbursement; Staff

(a) A majority of the full authorized membership of the board constitutes a quorum.(b) The board shall meet at least twice a year, at the times and places that it determines.(c) The board shall annually elect a chairperson and a secretary/treasurer.(d) Each member of the board is entitled to reimbursement of travel and other necessary expenses actually incurred while engaging in board activities. All reimbursement of expenses shall be paid out of the massage therapy board fund created by the provisions of this article.(e) The board may employ staff as necessary to perform the functions of the board, including an administrative secretary, and pay all personnel out of the massage therapy board fund created by the provisions of this article.(f) 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 § 30-37-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 37. Massage Therapists|§30-37-5. Massage Therapy Board Fund; Fees; Expenses; Disposition of Funds

(a) There is hereby continued a massage therapy licensure board fund in the State Treasurer's office.(b) The board may set, by legislative rule, reasonable fees for the issuance or renewal of licenses and its other services. All funds to cover the compensation and expenses of the board members shall be generated by the fees set under this subsection.(c) The disposition of all funds received by the board shall be governed by the provisions of section ten, article one, chapter thirty of this code.
WV Code § 30-37-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 37. Massage Therapists|§30-37-6. Duties of Board; Authorization to Propose Rules and Fees

The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as are necessary to implement the provisions of this article, which shall include provisions regarding:(a) Licensure and continuing education requirements, standards of practice, professional ethics, disciplinary actions, and other issues of concern;(b) Personal cleanliness of massage therapists and the sanitary conditions of towels, linens, creams, lotions and other materials, facilities, and equipment used in the practice of massage therapy; and(c) All fees for licensure, renewal of licensure, and all other related matters.
WV Code § 30-37-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 37. Massage Therapists|§30-37-7. Requirements for Licensure; Renewal of Licenses; Reinstatement; Penalties

(a) The board shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, establishing a procedure for licensing of massage therapists. License requirements shall include the following:(1) Completion of a program of massage education at a school approved by the West Virginia Council for Community and Technical College Education pursuant to section nine, article two-b, chapter eighteen-b of this code or by a state agency in another state, the District of Columbia or a United States territory which approves educational programs and which meets qualifications for the National Certification Exam administered through the National Certification Board for Therapeutic Massage and Bodywork. This school shall require a diploma from an accredited high school, or the equivalent, and require completion of at least five hundred hours of supervised academic instruction;(2) Successful completion of the National Certification for Therapeutic Massage and Bodywork (NCTMB) examination, or other board approved examination; and(3) Payment of a reasonable fee every two years required by the board which shall compensate and be retained by the board for the costs of administration.(b) A license to practice massage therapy issued by the board prior to July 1, 2006, shall for all purposes be considered a license issued under this section: Provided, That a person holding a license to practice massage therapy issued prior to July 1, 2006, must renew the license pursuant to the provisions of this article: Provided, however, That a person whose license was issued by the board prior to July 1, 2006, and whose license subsequently lapses may, in the discretion of the board, be subject to the licensing requirements of this section.(c) In addition to provisions for licensure, the rules shall include:(1) Requirements for completion of continuing education hours conforming to NCTMB guidelines; and(2) Requirements for issuance of a reciprocal license to licensees of states with requirements which may include the successful completion of the NCTMB examination or other board approved examination.(d) Subject to the provisions of subsection (b) of this section, the board may deny an application for renewal for any reason which would justify the denial of an application for initial licensure.(e) Any person practicing massage therapy during the time his or her license has lapsed is in violation of this article and is subject to the penalties provided in this article.(f) A massage therapist who is licensed by the board shall be issued a certificate and a license number. The current, valid license certificate shall be publicly displayed and available for inspection by the board and the public at a massage therapist's work site.
WV Code § 30-37-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 37. Massage Therapists|§30-37-8. Enforcement

(a) The board has the power and authority to enter into any court of this state having proper jurisdiction to seek an injunction against any person, corporation or association not in compliance with the provisions of this article, and is further empowered to enter into any court to enforce the provisions of this article to ensure compliance with such provisions.(b) The board may suspend, revoke, or impose probationary conditions upon a license or impose disciplinary sanctions upon a licensee pursuant to rules adopted in accordance with this article concerning board requirements for licensure. The following are grounds for revocation, suspension, annulment or the imposition of other disciplinary sanctions when a person, corporation or association is:(1) Guilty of fraud in practice of massage, or fraud or deceit in the licensee's application for licensure;(2) Engaged in practice under a false or assumed name, or impersonating another practitioner of a like or different name;(3) Addicted to the habitual use of drugs, alcohol or stimulants to an extent as to incapacitate that person's performance of professional duties;(4) Guilty of fraudulent, false, misleading or deceptive advertising, or for prescribing medicines or drugs, or practicing or offering to practice any licensed profession without legal authority. The licensee may not diagnose, or imply or advertise in any way a service for a condition that would require diagnosis;(5) Practicing or offering to practice beyond the scope of licensure of massage therapy without legal authority;(6) Grossly negligent in the practice of massage or guilty of employing, allowing or permitting an unlicensed person to perform massage in the licensee's work site;(7) Practicing massage or bodywork with a license from another state or jurisdiction that has been canceled, revoked, suspended or otherwise restricted;(8) Incapacitated by a physical or mental disability which is determined by a physician to render further practice by the licensee inconsistent with competency and ethics requirements;(9) Convicted of sexual misconduct, assignation or the solicitation or attempt thereof;(10) Engaging in any act of sexual abuse, sexual misconduct or sexual exploitation related to the licensee's practice of massage therapy;(11) Obtaining any fee by fraud, deceit or misrepresentation; or(12) In violation of any of the provisions of this article or any substantive rule adopted under the authority of this article.
WV Code § 30-37-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 37. Massage Therapists|§30-37-9. Hearing for Revocation, Suspension, Other Discipline, Nonrenewal of License

All proceedings for the revocation, suspension, or other disciplinary sanctions, or nonrenewal of licenses issued under the authority of this chapter shall be governed by the provisions of section eight, article one, chapter thirty of this code.
WV Code § 30-37-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 37. Massage Therapists|§30-37-10. Prohibitions and Penalties

(a) After June 30, 1998, a person, corporation or association who is not licensed pursuant to the provisions of this article may not engage in the practice of massage therapy and may not use the initials LMT, C.M.T., or the words "licensed massage therapist," "masseur," or "masseuse," or any other words or titles which imply or represent that the person, corporation or association is engaging in the practice of massage therapy, nor may a person, corporation or association employ any person, not duly licensed, who is engaging in the practice of massage therapy or who is using such words or titles to imply or represent that he or she is engaging in the practice of massage therapy.(b) Any person, corporation or association who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000, or confined in jail not more than one year, or both fined and imprisoned.
WV Code § 30-37-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 37. Massage Therapists|§30-37-11. Exemptions

Nothing in this article may be construed to prohibit or otherwise limit:(a) 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. Persons exempted under this subdivision include, but are not limited to, those licensed, certified or registered to practice within the scope of any branch of medicine, nursing, osteopathy, chiropractic and podiatry, as well as licensed, certified or registered barbers, cosmetologists, athletic trainers, physical and occupational therapists; and any student enrolled in a program of massage education at a school approved by the West Virginia State College System Board or by a state agency in another state, the District of Columbia or a United States territory which approves educational programs and which meets qualifications for the National Certification Exam administered through the National Certification Board for Therapeutic Massage and Bodywork, provided that the student does not hold himself or herself out as a licensed massage therapist and does not charge or receive a fee; and(b) The activities of any resort spa that has been operating on a continuing basis since January 1, 1975, or any employees of the resort spa. The exemption set forth in this subsection does not extend to any person, corporation or association providing escort services, nude dancing or other sexually oriented services not falling within the scope of massage therapy as defined in this article, irrespective of how long the person, corporation or association has been in operation.
WV Code § 30-38-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-2. Short Title

This article is known and may be cited as the "Real Estate Appraiser Licensing and Certification Act."
WV Code § 30-38-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-4. Classifications of Licensure and Certification; Authority of Appraisers; Classification and License or Certificate Number Required on All Documents; Corporations

(a) The three classifications of real estate appraisers are state licensed residential real estate appraiser, state certified residential real estate appraiser, and state certified general real estate appraiser.(b) A state licensed residential real estate appraiser is authorized to conduct appraisals of: (1) Complex residential real estate of one to four units having a value of less than $250,000; (2) noncomplex residential real estate of one to four units having a value of less than $1 million; and (3) nonresidential real estate having a value of less than $100,000.(c) A state certified residential real estate appraiser is authorized to conduct appraisals of residential real estate of one to four units without regard to value or complexity, and nonresidential real estate when the value is less than $100,000.(d) A state certified general real estate appraiser is authorized to conduct appraisals of all types of real estate.(e) The board is authorized to establish by legislative rule other classifications of appraiser licensing not prohibited by applicable federal law.(f) An appraiser shall indicate his or her classification and license or certificate number, as it appears on an issued license, on all appraisals, statements of qualification, contracts, and other instruments, including advertising media.(g) A license or certificate may not be issued under the provisions of this article to a corporation, partnership, firm, or group.(h) Nothing contained in this article prohibits any person licensed or certified under this article from engaging in the practice of real estate appraising as a professional corporation in accordance with the provisions of the Professional Service Corporation Act of this state.
WV Code § 30-38-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-5. Reciprocal Credentialing

The board shall issue a reciprocal license or certification to an applicant from another state if the applicant holds a valid license or certification from a state whose licensing and certification program:(1) Is in compliance with the provisions of Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 [12 U.S.C. 3331-3351] as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010; and(2) That has credentialing requirements that meet or exceed those of West Virginia.