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WV Code § 30-35-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-10. Denial, Revocation or Suspension of License; Grounds for Discipline

(a) The board may at any time upon its own motion, and shall upon the verified written complaint of any person, conduct an investigation to determine whether there are grounds for denial, suspension or revocation of a license issued pursuant to the provisions of this article.(b) The board may deny, revoke or suspend any license to engage in the practice of licensed dietetics issued pursuant to the provisions of this article, or any application therefor, or may otherwise discipline a licensee or applicant upon proof that he or she:(1) Is or was guilty of fraud or deceit in procuring or attempting to procure a license or renewal to practice as a licensed dietitian;(2) Has been grossly negligent or exhibited unprofessional or unethical conduct in the practice as a licensed dietitian;(3) Is habitually intemperate or is addicted to the use of alcohol or controlled substances;(4) Is mentally incompetent; or(5) Has willfully or repeatedly violated any of the provisions of this article.
WV Code § 30-35-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-11. Procedures for Hearing

(a) Whenever the board denies an application for any original or renewal license or denies an application for a license or suspends or revokes any license, it shall make an interim order to that effect and serve a copy thereof on the applicant or licensee by certified mail, return receipt requested. Such order shall state the grounds for the action taken and shall require that any license or temporary permit suspended or revoked thereby be returned to the board by the holder within twenty days after receipt of the copy of such order.(b) Any person adversely affected by any such order is entitled to a hearing thereon pursuant to the provisions of article five, chapter twenty-nine-a of this code if, within twenty days after receipt of a copy of the order, he or she files with the board a written demand for such hearing. A demand for hearing shall operate automatically to stay or suspend the execution of any order. The board may require the person demanding such hearing to give reasonable security for the cost of the hearing. If such person does not substantially prevail at the hearing, the costs therefor shall be assessed against him or her and may be collected by civil action or other proper remedy.(c) Upon a receipt of a written demand for a hearing, the board shall set a time and place therefor not less than ten and not more than thirty days thereafter. Any scheduled hearing may be continued by the board upon its own motion or for good cause shown by the person demanding the hearing.(d) The provisions of article five, chapter twenty-nine-a of this code apply to and govern the hearing and administrative procedures in connection therewith.(e) All administrative hearings shall be conducted by a quorum of the board. For the purpose of conducting any such hearing any member of the board may issue subpoenas and subpoenas duces tecum which shall be issued and served pursuant to the provisions of section one, article five, chapter twenty-nine-a of this code.(f) At any hearing the person who demanded the same may represent himself or herself or be represented by an attorney admitted to practice in this state.(g) After any such hearing and consideration of all testimony, evidence and record in the case, the board shall render its decision in writing. The written decision of the board shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code. A copy of such decision and accompanying findings and conclusions shall be served by certified mail, return receipt requested, upon the person demanding such hearing, and the attorney of record.(h) The decision of the board is final unless reversed, vacated or modified upon judicial review thereof in accordance with the provisions of section twelve of this article.
WV Code § 30-35-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-12. Judicial Review

(a) Any applicant or licensee adversely affected by a decision of the board rendered after a hearing held pursuant to the provisions of section eleven of this article is entitled to judicial review thereof. All of the provisions of section four, article five, chapter twenty-nine-a of this code apply to, and govern, such review.(b) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
WV Code § 30-35-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-13. Actions to Enjoin Violations

(a) Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article or any final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against the person and any other persons who have been, are or are about to be, involved in any practice, act or omission, so in violation, enjoining the person or persons from any violation or violations. Such application may be made and prosecuted to conclusion regardless of whether any violation has resulted or shall result in prosecution or conviction pursuant to the provisions of section fourteen of this article.(b) Upon application by the board, any circuit court of this state with appropriate jurisdiction may, by mandatory or prohibitory injunction, compel compliance with the provisions of this article and all final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.(c) The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil cases.
WV Code § 30-35-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 35. Board of Dietitians|§30-35-14. Prohibitions and Penalties

(a) It is a misdemeanor for any person, corporation or association to:(1) Sell, fraudulently obtain, furnish or assist in selling, fraudulently obtaining or furnishing any dietitian license or license record;(2) Engage in the practice as a licensed dietitian under cover of any diploma, license or record illegally or fraudulently obtained;(3) Represent or imply to the public that he or she is authorized to use the title "dietitian" or "licensed dietitian" or any other title intended to convey that impression, unless duly licensed pursuant to the provisions of this article;(4) Engage in the practice as a licensed dietitian during the time his or her license is suspended or revoked; or(5) Otherwise violate any provisions of this article.(b) Any person, corporation or association who violates the provisions of subsection (a) of this section or any rule promulgated under this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for each offense.
WV Code § 30-36-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-1. License Required to Practice

In order to protect the life, health and safety of the public, any person practicing or offering to practice as an acupuncturist is required to submit evidence that he or she is qualified to practice, and is licensed as provided in this article. After June 30, 1997, it shall be unlawful for any person not licensed under the provisions of this article to practice acupuncture in this state, or to use any title, sign, card or device to indicate that he or she is an acupuncturist. The provisions of this article are not intended to limit, preclude or otherwise interfere with the practice of other 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 acupuncturist.
WV Code § 30-36-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-2. Definitions

(a) Unless the context in which used clearly requires a different meaning, as used in this article:(1) "Acupuncture" means a form of health care, based on a theory of energetic physiology, that describes the interrelationship of the body organs or functions with an associated point or combination of points.(2) "Auricular acudetox" means auricular detoxification therapy, as approved by the board or as stipulated by the National Acupuncture Detoxification Association (NADA) for the treatment of substance abuse, alcoholism, chemical dependency, detoxification, behavioral therapy, or trauma recovery.(3) "Board" means the West Virginia Acupuncture Board.(4) "Certificate holder" means an authorization issued by the board to persons trained in auricular acudetox who meet the qualifications, established pursuant to this article and by board rules, to be certified as an auricular detoxification specialist (ADS).(5) "License" means a license issued by the board to practice acupuncture.(6) "Moxibustion" means the burning of mugwort on or near the skin to stimulate the acupuncture point.(7) "NADA" means the National Acupuncture Detoxification Association.(8) "NADA protocol" means the National Acupuncture Detoxification Association protocol for auricular detoxification therapy.(9) "Practice acupuncture" means the use of oriental medical therapies for the purpose of normalizing energetic physiological functions including pain control, and for the promotion, maintenance, and restoration of health.(b) (1) "Practice acupuncture" includes:(A) Stimulation of points of the body by the insertion of acupuncture needles;(B) The application of moxibustion; and(C) Manual, mechanical, thermal, or electrical therapies only when performed in accordance with the principles of oriental acupuncture medical theories.
WV Code § 30-36-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-3. Board Established

There is hereby created a state board to be known and designated as the "West Virginia Acupuncture Board."
WV Code § 30-36-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-4. Board Membership

(a) The board shall consist of five members appointed by the Governor with the advise and consent of the Senate.(1) Three shall be licensed acupuncturists appointed from a list submitted as provided in subsection (c) of this section;(2) One shall be a member of the general public; and(3) One shall be a physician licensed to practice medicine in the State of West Virginia.(b) Each licensed acupuncturist shall:(1) Be a resident of the state; and(2) For at least three years immediately prior to appointment have been engaged in the practice of acupuncture in the state.(c) For each vacancy of an acupuncture member, the board shall compile a list of names to be submitted to the Governor in the following manner:(1) The board shall notify all licensed acupuncturists in the state of the vacancy to solicit nominations to fill the vacancy;(2) Each professional association of acupuncturists in the state shall nominate at least two persons for every vacancy; and(3) Each educational institution that provides acupuncture training in the state shall nominate at least two persons for every vacancy.(d) The member from the general public:(1) May not be or ever have been an acupuncturist or in training to become an acupuncturist;(2) May not have a household member who is an acupuncturist or in training to become an acupuncturist;(3) May not participate or ever have participated in a commercial or professional field related to acupuncture;(4) May not have a household member who participates in a commercial or professional field related to acupuncture; and(5) May not have had within two years prior to appointment a substantial financial interest in a person regulated by the board.(e) While a member of the board, the member from the general public may not have a substantial financial interest in a person regulated by the board.(f) Before taking office, each appointee to the board shall take and subscribe to the oath prescribed by section 5, article IV of the Constitution of this state.(g) Tenure; vacancies.(1) The term of a member is three years.(2) The terms of members are staggered from July 1, 1996. The terms of the members first appointed shall expire as designated by the Governor at the time of the nomination, one at the end of the first year, two at the end of the second year, and two at the end of the third year. As these original appointments expire, each subsequent appointment shall be for a full three-year term.(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.(4) A member may not serve more than two consecutive full terms.(5) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.(h) 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 § 30-36-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-5. Officers

From among its members, the board shall elect officers in a manner and for terms that the board determines.
WV Code § 30-36-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-6. Quorum; Meetings; 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) 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 acupuncture board fund created by the provisions of this article.(d) The board may employ such staff as necessary to perform the functions of the board, including an administrative secretary, and pay all personnel from the acupuncture board fund in accordance with the state budget.(e) The board may contract with other state boards or state agencies to share offices, personnel and other administrative function as authorized under this article.
WV Code § 30-36-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-7. Rule-Making Authority; Miscellaneous Powers and Duties

(a) The board may propose for promulgation legislative rules to carry out the provisions of this article in accordance with the provisions of §29A-3-1 et seq. of this code.(b) The board may adopt a code of ethics for licensure.(c) In addition to the powers set forth elsewhere in this article, the board shall keep:(1) Records and minutes necessary for the orderly conduct of business; and(2) A list of each currently licensed acupuncturist.(d) The board may propose emergency legislative rules upon the effective date of the reenactment of this article during the 2019 regular session of the Legislature to effectuate the provisions necessary to issue certificates to persons trained in auricular acudetox, and to establish fees for certificate holders pursuant to this article.
WV Code § 30-36-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-8. Acupuncture Board Fund; Fees; Expenses; Disposition of Funds

(a) There is hereby established an acupuncture board fund in the State Treasurer's office.(b) The board may set reasonable fees for the issuance and renewal of licenses and its other services. All funds to cover the compensation and expenses of the board members or staff shall be generated by the fees set under this subsection.(c) The board shall pay all fees collected under the provisions of this article to the State Treasurer.(d) The fund shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the board as provided by the provisions of this article. The fund is a continuing, nonlapsing fund. Any unspent portions of the fund may not be transferred or revert to the General Revenue Fund of the state, but shall remain in the fund to be used for the purposes specified in this article.(e) The Legislative Auditor shall audit the accounts and transactions of the fund.
WV Code § 30-36-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-9. License or Certificate Required; Exemptions

(a) Except as otherwise provided in this article, an individual shall be licensed or certified by the board before he or she may practice acupuncture or auricular acudetox in this state.(b) This section does not apply to:(1) An individual employed by the federal government as an acupuncturist while practicing within the scope of that employment; or(2) A student, trainee, or visiting teacher who is designated as a student, trainee, or visiting teacher while participating in a course of study or training under the supervision of a licensed acupuncturist in a program that is approved by the board or the State Board of Education.
WV Code § 30-36-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-11. Applications for License

To apply for a license, an applicant shall:(a) Submit an application to the board on the form that the board requires; and(b) Pay to the board the application fee set by the board.
WV Code § 30-36-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-12. Issuance of License

The board shall issue a license to any applicant who meets the requirements of this article and the rules adopted by the board pursuant to this article.
WV Code § 30-36-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-13. Scope of License

Except as otherwise provided in this article, a license authorizes the licensee to practice acupuncture while the license is effective.
WV Code § 30-36-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-14. Term and Renewal of Licenses and Certificates; Restrictions; and Advertisements

(a) Terms of license and certificate:(1) The board shall provide for the term and renewal of licenses and certificates under this section;(2) The term of a license or certificate may not be more than three years;(3) A license or a certificate expires at the end of its term, unless the license or certificate is renewed for a term as provided by the board.(b) Renewal notice. At least one month before the license or certificate expires, the board shall send to the licensee or certificate holder, by first-class mail to the last known address of the licensee, a renewal notice that states:(1) The date on which the current license or certificate expires;(2) The date by which the renewal application must be received by the board for the renewal to be issued and mailed before the license or certificate expires; and(3) The amount of the renewal fee.(c) Applications for renewal. Before the license or certificate expires, the licensee or certificate holder periodically may renew it for an additional term, if the licensee or certificate holder:(1) Otherwise is entitled to be licensed or certified;(2) Pays to the board a renewal fee set by the board; and(3) Submits to the board:(A) A renewal application on the form that the board requires; and(B) Satisfactory evidence of compliance with any continuing education requirements set under this section for license or certificate renewal.(d) In addition to any other qualifications and requirements established by the board, the board may establish continuing education requirements as a condition to the renewal of licenses and certificates under this section. (e) The board shall renew the license of and issue a renewal certificate to each licensee and certificate holder who meets the requirements of this section.(f) A licensee may advertise only as permitted by rules adopted by the board.(g) A certificate holder recognized as an auricular detoxification specialist is prohibited from needling any acupuncture body points beyond the scope of auricular acudetox, and may not advertise themselves as an acupuncturist: Provided, That nothing contained in this section prohibits a person from practicing within his or her scope of practice as authorized by law.
WV Code § 30-36-15 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-15. Reciprocal Licensure of Acupuncturists From Other States or Countries

(a) The acupuncture board may by reciprocity license acupuncturists in this state who have been legally registered or licensed acupuncturists in another state: Provided, That the applicant for such licensure shall meet the requirements of the rules for reciprocity promulgated by the board in accordance with the provisions of chapter twenty-nine-a of this code: Provided, however, That reciprocity is not authorized for acupuncturists from another state where that state does not permit reciprocity to acupuncturists licensed in West Virginia.(b) The board may refuse reciprocity to acupuncturists from another country unless the applicant qualifies under such rules as may be promulgated by the board for licensure of foreign applicants.(c) Applicants for licensure under this section shall, with their application, forward to the board the established fee.
WV Code § 30-36-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-16. Inactive Status; Reinstatement of Expired License

(a) The board shall place a licensee on inactive status if the licensee submits to the board:(1) An application for inactive status on the form required by the board; and(2) The inactive status fee set by the board.(b) The board shall issue a license to an individual who is on inactive status if the individual complies with the renewal requirements that exist at the time the individual changes from inactive to active status.(c) The board shall reinstate the license of a former licensee who has failed to renew the license for any reason if the former licensee:(1) Meets the renewal requirements of section fourteen of this article; and(2) Pays to the board a reinstatement fee set by the board.
WV Code § 30-36-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 36. Acupuncturists|§30-36-17. Surrender of License by Licensee or Certificate by Certificate Holder

(a) Unless the board agrees to accept the surrender of a license or certificate, a licensee or certificate holder may not surrender the license or certificate nor may the license or certificate lapse by operation of law while the licensee or certificate holder is under investigation or while charges are pending against the licensee or certificate holder.(b) The board may set conditions on its agreement with the licensee or certificate holder under investigation or against whom charges are pending to accept surrender of the license or certificate.