reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-10. License Requirements

(a) The board shall issue a license to practice under the provisions of this article to an applicant who meets the following requirements:
(1) Is of good moral character;
(2) Is at least eighteen years of age;
(3) Is a citizen of the United States or is eligible for employment in the United States;
(4) Has not been convicted of a crime involving moral turpitude;
(5) Has not had his or her application for a license to practice as a landscape architect refused in any state of the United States;
(6) Has not had his or her license to practice landscape architecture suspended or revoked in any state of the United States; and
(7) Has completed the licensure requirements set out in this article and the rules promulgated hereunder.
(b) The board may issue a license to practice under the provisions of this article to an applicant who does not meet the licensure requirements set out in subdivisions (5) or (6) of subsection (a) of this section, but who does meet the licensure requirements established by rule by the board.
(c) An application for a license shall be made on forms prescribed by the board.
(d) An applicant shall pay all the applicable fees.
(e) A license to practice landscape architecture issued by the board prior to July 1, 2006, shall for all purposes be considered a license issued under this article: Provided, That a person holding a license to practice landscape architecture issued prior to July 1, 2006, must renew the license pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-11. License From Another Jurisdiction; License to Practice in This State

The board may issue a license to practice landscape architecture in this state, without requiring an examination, to an applicant of good moral character who holds a valid license or other authorization to practice landscape architecture from another jurisdiction, if the applicant:
(1) Holds a license or other authorization to practice landscape architecture in another jurisdiction and meets requirements which are substantially equivalent to the licensure requirements set forth in this article;
(2) Is not currently being investigated by a disciplinary authority of this state or another jurisdiction, does not have charges pending against his or her license or other authorization to practice landscape architecture, and has never had a license or other authorization to practice landscape architecture revoked;
(3) Has not previously failed an examination for licensure in this state;
(4) Has paid all the applicable fees; and
(5) Has completed such other action as required by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-12. License Renewal Requirements

(a) A licensee shall, annually or biennially upon or before July 1, renew his or her license by completing a form prescribed by the board and paying a renewal fee.
(b) At least thirty days prior to July 1, either annually or biennially, the secretary-treasurer of the board shall mail to every licensee a notice of renewal, an application for renewal and a statement for the renewal fee.
(c) The board shall charge a fee for each renewal of a license and a late fee for any renewal not paid in a timely manner.
(d) The board shall require as a condition for the renewal of a license that each licensee complete continuing education requirements.
(e) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-13. Inactive License Requirements

(a) A licensee who chooses not to continue in active practice and notifies the board in writing, may be granted inactive status.
(b) A person granted inactive status shall pay an inactive fee, is exempt from the continuing education requirements and cannot practice in this state.
(c) When an inactive licensee wants to return to active practice, he or she must complete all the continuing education requirements, pay all the applicable fees and meet all the other requirements prescribed by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-16. Temporary Permits

(a) Upon proper application and payment of the applicable fees, the board may issue a temporary permit, for a period of time not to exceed one year, to an applicant who has completed the educational and/or experience requirements set out in this article, but who has not taken the examination.
(b) The temporary permit expires thirty days after the board gives written notice to the permittee of the results of the first examination held following the issuance of the temporary permit.
(c) The temporary permit may not be renewed nor another temporary permit be issued to the same person.
(d) The temporary permit may be revoked for any reason which would justify the suspension, revocation, limitation or denial of a license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-18. Seal Requirements

(a) Each licensee must have a seal, authorized by the board, which seal shall include the licensee's name and the words: "Professional Landscape Architect, State of West Virginia," and any other words or figures prescribed by the board.
(b) All working drawings and specifications prepared by a licensee shall be signed and stamped with the licensee's seal: Provided, That nothing contained in this article shall be construed to permit the seal of a landscape architect to serve as a substitute for the seal of an architect, an engineer or a professional surveyor whenever the seal of such architect, engineer or professional surveyor is required by law.
(c) It is unlawful for a person who is not licensed under the provisions of this article to affix a seal on a document.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-19. Certificate of Authorization Requirements

(a) After July 1, 2006, a firm practicing landscape architecture in West Virginia shall have a certificate of authorization.
(b) The board shall issue a certificate of authorization to a firm that:
(1) Wants to practice landscape architecture in West Virginia;
(2) Provides proof that the firm employs a West Virginia licensed landscape architect;
(3) Has paid all applicable fees; and
(4) Completes such other requirements as specified by the board.
(c) The name of the employed licensee in direct control or having personal supervision of the practice of the firm shall appear as the landscape architect on all plans, drawings, specifications, reports or other instruments of service rendered or submitted by the firm.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-20. Certificate of Authorization Renewal Requirements

(a) A firm wanting to continue in active practice shall, annually or biennially upon or before July 1, renew its certificate of authorization and pay a renewal fee.
(b) At least thirty days prior to July 1, either annually or biennially, the secretary-treasurer of the board shall mail to every certificate of authorization holder a notice of renewal, an application for renewal and a statement for the renewal fee.
(c) The board shall charge a fee for each renewal of a certificate of authorization and a late fee for any renewal not paid in a timely manner.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-22. Exemptions From Article

(a) Nothing in this article shall prohibit any professional engineer, professional surveyor, or forester licensed or registered under the provisions of this code from providing services for which they are licensed or registered.
(b) Nothing in this article shall prohibit any architect licensed or registered under the provisions of this code from performing any of the services included within the definition of the practice of landscape architecture as set forth in subsection (m), section four of this article when incidental to the practice of architecture as defined in article twelve of this chapter.
(c) Nothing in this article shall prohibit a nursery person, agriculturist, horticulturist, gardener, landscape designer, landscape contractor, grader, cultivator of land, garden or lawn caretaker from engaging in the occupation of growing or marketing nursery stock, preparing planting plans, installing plant material, providing drawings or graphic diagrams necessary for the proper layout of goods or materials, or arranging for the installation of goods or materials on private or public land.
(d) Nothing in this article shall prohibit state, county, city or other municipal, urban or regional planners and designers from preparing plans or diagrams necessary to the planning, design and management of communities or regions.
(e) Nothing in this article shall prohibit an individual from making landscape plans, drawings or specifications for property owned, leased or rented by the individual for his or her personal use.
(f) Only licensed landscape architects shall use the title, "Landscape Architect", or other similar words or titles which implies licensure.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-23. Refusal to Issue or Renew, Suspension or Revocation;

disciplinary action.
(a) The board may refuse to issue, refuse to renew, suspend, revoke or limit any license, temporary permit, certificate of authorization or practice privilege and may take disciplinary action against a licensee, permittee or certificate of authorization holder who, after notice and a hearing, has been adjudged by the board as unqualified for any of the following reasons:
(1) Fraud, misrepresentation or deceit in obtaining or maintaining a license, temporary permit or certificate of authorization;
(2) Failure by any licensee, permittee or certificate of authorization holder to maintain compliance with the requirements for the issuance or renewal of a license, temporary permit or certificate of authorization;
(3) Dishonesty, fraud, professional negligence in the performance of landscape architectural services, or a willful departure from the accepted standards of landscape architecture and the professional conduct of landscape architects;
(4) Violation of any provision of this article or any rule promulgated hereunder;
(5) Violation of any professional standard or rule of professional conduct;
(6) Failure to comply with the provisions of this article or any rule promulgated hereunder;
(7) Failure to comply with any order or final decision of the board;
(8) Failure to respond to a request or action of the board;
(9) Conviction of a crime involving moral turpitude;
(10) Conviction of a felony or a crime involving dishonesty or fraud or any similar crime under the laws of the United States, this state or another jurisdiction, if the underlying act or omission involved would have constituted a crime under the laws of this state;
(11) Any conduct adversely affecting the licensee's, permittee's or certificate of authorization holder's fitness to perform landscape architectural services; or
(12) Knowingly using any false or deceptive statements in advertising.
(b) If the board suspends, revokes, refuses to issue, refuses to renew or limits any license, temporary permit, certificate of authorization or practice privilege, the board shall make and enter an order to that effect and give written notice of the order to the person by certified mail, return receipt requested, which order shall include a statement of the charges setting forth the reasons for the action, and notice of the date, time and place of the hearing. If a license, temporary permit, certificate of authorization is ordered suspended or revoked, then the licensee, permittee or certificate of authorization holder shall, within twenty days after receipt of the order, return the license, temporary permit, certificate of authorization to the board. The hearing shall be held in accordance with the provisions of this article.
(c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, administrative fines, and mandatory attendance at continuing education seminars.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-24. Complaints; Investigations; Notice

(a) The board may, on its own motion, conduct an investigation to determine whether there are any grounds for disciplinary action against a licensee, permittee or certificate of authorization holder. The board shall, upon the verified written complaint of any person, conduct an investigation to determine whether there are any grounds for disciplinary action against a licensee, permittee or certificate of authorization holder.
(b) Upon receipt of a written complaint filed against any licensee, permittee or certificate of authorization holder, the board shall provide a copy of the complaint to the licensee, permittee or certificate of authorization holder.
(c) If the board finds, upon investigation, that probable cause exists that the licensee, permittee or certificate of authorization holder has violated any provision of this article or the rules promulgated hereunder, then the board shall serve the licensee, permittee or certificate of authorization holder with a written statement of charges and a notice specifying the date, time and place of the hearing. The hearing shall be held in accordance with the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-25. Hearing and Judicial Review

(a) Any person adversely affected by an order entered by the board is entitled to a hearing. A hearing on a statement of the charges shall be held in accordance with the provisions for hearings set forth in article one of this chapter and the procedures specified by the board by rule.
(b) Any licensee, permittee or certificate of authorization holder, adversely affected by any 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 five, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-26. Injunctions

(a) When, by reason of an investigation under this article or otherwise, the board or any other interested person believes that a person has violated or is about to violate any provision of this article, any rule promulgated hereunder, any order of the board or any final decision of the board, the board or any other interested person may apply to any court of competent jurisdiction for an injunction against such person enjoining such person from the violation. Upon a showing that the person has engaged in or is about to engage in any prohibited act or practice, an injunction, restraining order or other appropriate order may be granted by the court without bond.
(b) A cause of action by the board may be brought in the circuit court of the county where the cause of action took place.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-27. Criminal Proceedings; Penalties

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person has knowingly violated the provisions of this article, the board may bring its information to the attention of the Attorney General or other appropriate law-enforcement officer who may cause appropriate criminal proceedings to be brought.
(b) If a court of law finds that a person knowingly violated any provision of this article, any rule promulgated hereunder, any order of the board or any final decision of the board, then the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 and no more than $1,000 for each violation, imprisoned for up to thirty days for each violation, or both fined and imprisoned.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-1. License Required to Practice

The Legislature finds that in the interest of public health that:
(1) The people of this state should be protected from excessive and improper exposure to ionizing radiation, radioactive isotopes, radio waves, and magnetic fields energy; and
(2) A person performing medical imaging or radiation therapy technology in this state shall be licensed.
Therefore, it is the purpose of this article to regulate the practice of medical imaging or radiation therapy in this state by requiring that a person have a license, apprentice license or permit when practicing medical imaging or radiation therapy technology.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-2. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice medical imaging or radiation therapy technology in this state without a license, apprentice license or permit issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that the person is a licensed Medical Imaging Technologist or Radiation Therapy Technologist, unless such person has been duly licensed under the provisions of this article, and such license, apprentice license or permit has not expired, been suspended or revoked.
(b) Without a licensee, it is unlawful for any business entity to render any service or engage in any activity which if rendered or engaged in by an individual, would constitute the practice of medical imaging or radiation therapy technology.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-5. Medical Imaging and Radiation Therapy Technology Board of Examiners

(a) The West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners is continued. The members of the board in office, 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 nine members, appointed by the Governor by and with the advice and consent of the Senate:
(1) Three licensed practitioners, two of whom shall be Radiologists;
(2) Three licensed Radiologic Technologists, one of whom shall be an active medical imaging educator;
(3) One licensed Nuclear Medicine Technologist;
(4) One licensed Magnetic Resonance Imaging; and
(5) One citizen member, who is not licensed under the provisions of this article and does not perform any services related to the practice licensed under the provisions of this article.
(c) Each member shall be appointed for a term of three years and may not serve more than two consecutive full terms. A member having served two consecutive full terms may not be appointed for one year after completion of his or her second full term. A member continues to serve until a successor has been appointed and has qualified. The terms shall be staggered in accordance with the initial appointments under prior enactments of this article.
(d) Each member of the board shall be a resident of West Virginia during the appointment term.
(e) The Radiologic Technologists, Nuclear Medicine Technologists and the Magnetic Resonance Imaging Technologists serving on the board shall maintain an active license with the board.
(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.
(g) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(h) A licensed member of the board immediately and automatically forfeits membership to the board if his or her license to practice has been suspended or revoked. A member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any state or the United States, or becomes a nonresident of this state.
(i) The board shall designate one of its members as chairperson and one member as secretary who shall serve at the will of the board.
(j) Each member of the board shall receive compensation and expense reimbursement in accordance with article one of this chapter.
(k) A majority of the members serving on the board shall constitute a quorum.
(l) The board shall hold at least two annual meetings. Other meetings shall be held at the call of the chairperson or upon the written request of two members, at such 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-7. Rule Making

(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, apprentice licensure and permits to practice medical imaging or radiation therapy technology;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;
(4) Educational and experience requirements, and the passing grade on the examination;
(5) Standards for approval of courses;
(6) Procedures for the issuance and renewal of a license, apprentice license and permit;
(7) A fee schedule;
(8) Continuing education requirements for licensees;
(9) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee or permittee;
(10) Requirements for inactive or revoked licenses, apprentice licenses and 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 article shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this act are interpreted to mean provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-8. 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 "Board of Examiners of Medical Imaging Technology Fund", which fund is hereby continued. The fund shall be used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts 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 amounts received as fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the state Treasury.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-9. Requirements for Radiologic Technology License

(a) To be eligible for a license to practice Radiologic Technology, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Have successfully completed an accredited program in Radiologic technology, as determined by an accreditation body recognized by the board, from a school of Radiologic Technology that has been approved by the board;
(4) Have passed the examination prescribed by the board, which examination shall cover the basic subject matter of Radiologic Technology, skills and techniques; and
(5) Not have been convicted of a felony under the laws of any state or the United States within five years preceding the date of application for licensure, which conviction remains unreversed; and
(6) Not have been convicted of a misdemeanor or a felony under the laws of any state or the United States at any time if the offense for which the applicant was convicted related to the practice of Medical Imaging, which conviction remains unreversed.
(b) A person seeking a Radiologic Technology license shall submit an application on a form prescribed by the board and pay the license fee, which fee shall be returned to the applicant if the license application is denied.
(c) A Radiologic Technology license issued by the board prior to July 1, 2009, shall for all purposes be considered a license issued under this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-10. Scope of Practice for a Radiologic Technologist

The scope of practice of a Radiologic Technologist includes the following:
(1) Analysis and correlation of procedure requests and clinical information provided by a physician or patient, or both, for preprocedure determination of the appropriate exam, its extent, and its scope;
(2) Evaluation of the physical, mental and emotional status of the patient with respect to the ability to understand the risk versus benefit of the procedure and to undergo the procedure requested;
(3) Selection, preparation, and operation of medical imaging equipment and accessories to perform procedures;
(4) Positioning patient to best demonstrate anatomy of interest, while respecting patient's physical limitations and comfort;
(5) Determination of imaging exposure factors, setting of factors on control panel, and application of medical imaging exposures;
(6) Application of radiation protection principles to minimize radiation exposure to patient, self, and others;
(7) Evaluation of images for technical quality;
(8) Performance of noninterpretive fluoroscopic procedures according to institutional policy;
(9) Oversight of image processing standards and the appropriate labeling of images;
(10) Administering contrast media after consultation with, and under the supervision of, a physician who is immediately and physically available;
(11) Maintaining values congruent with the profession's Code of Ethics and scope of practice as well as adhering to national, institutional and/or departmental standards, policies and procedures regarding delivery of services and patient care; and
(12) Performing any other duties that the board authorizes for a Radiologic Technologist.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-11. Scope of Practice for a Radiation Therapist

The scope of practice for a Radiation Therapist includes the following:
(1) Providing Radiation Therapy services by contributing as an essential member of the radiation oncology treatment team through provision of total quality care of each patient undergoing a prescribed course of treatment;
(2) Evaluating and assessing treatment delivery components;
(3) Providing Radiation Therapy treatment delivery services to cure or improve the quality of life of patients by accurately delivering a prescribed course of treatment;
(4) Evaluating and assessing daily, the physical and emotional status of each patient to treatment delivery;
(5) Maintaining values congruent with the profession's Code of Ethics and scope of practice as well as adhering to national, institutional and/or departmental standards, policies and procedures regarding treatment delivery and patient care; and
(6) Performing any other duties that the board authorizes for a Radiation Therapist.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-12. Exemptions From Radiologic Technology License

The following persons are not required to obtain a Radiologic Technology license in accordance with the provisions of this article:
(1) A Medical Imaging Technology student enrolled in and attending an approved school of Medical Imaging Technology who as part of his or her course of study applies medical imaging technology to a human being under the supervision of a licensed Medical Imaging Technologist;
(2) A person acting as a dental assistant or dental hygienist who under the supervision of a licensed dentist operates only radiographic dental equipment for the sole purpose of dental radiography of the oral cavity;
(3) A person engaged in performing the duties of a Medical Imaging Technologist in the person's employment by an agency, bureau or division of the government of the United States;
(4) A licensed practitioner, Radiologist or Radiology resident;
(5) A person licensed as a Radiologist Assistant under the West Virginia Board of Medicine; and
(6) A person who demonstrated to the board, prior to July 1, 1999, that he or she:
(A) Had engaged in the practice of Radiologic Technology for the limited purpose of performing bone densitometry in this state for five or more years;
(B) Practiced under the supervision of a licensed practitioner; and
(C) Received a densitometry technologist degree certified by the International Society for Clinical Densitometry.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-13. Requirements for Temporary Medical Imaging and Radiation Therapy Technology License

(a) The board may issue a temporary Medical Imaging and Radiation Therapy Technology license to engage in the practice of Medical Imaging and Radiation Therapy Technology in this state to an applicant who meets the qualifications for a Medical Imaging and Radiation Therapy Technology license, but has not passed the examination.
(b) Temporary licenses expire as provided by rule.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-14. Medical Imaging and Radiation Therapy Technology License From Another State; License to Practice in This State

The board may issue a license to practice Medical Imaging and Radiation Therapy Technology in this state, without requiring an examination, to an applicant from another jurisdiction who:
(1) Is not a resident of this state;
(2) Is of good moral character:
(3) Holds a valid Medical Imaging and Radiation Therapy Technology license, certificate or other authorization, including the American Registry of Radiologic Technologists, or Nuclear Medicine Technology Certification Board or equivalent to practice Medical Imaging and Radiation Therapy Technology in another jurisdiction and meets requirements which are substantially equivalent to the Medical Imaging and Radiation Therapy Technology licensure requirements set forth in this article;
(4) Is not currently being investigated by a disciplinary authority of this state or another jurisdiction, does not have charges pending against his or her license or other authorization to practice Medical Imaging and Radiation Therapy Technology, and has never had a license or other authorization to practice Medical Imaging and Radiation Therapy Technology revoked;
(5) Has not previously failed an examination for licensure in this state;
(6) Has paid all the applicable fees; and
(7) Has completed other action as required by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-15. Requirements for Nuclear Medicine Technologist License

(a) To be eligible for a license to practice Nuclear Medicine Technology, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Not have been convicted of a felony under the laws of any state or the United States within five years preceding the date of application for licensure, which conviction remains unreversed;
(4) Not have been convicted of a misdemeanor or a felony under the laws of any state or the United States at any time if the offense for which the applicant was convicted related to the practice of Medical Imaging, which conviction remains unreversed.
(5) Meet one of the following qualifications:
(A) Have a baccalaureate or associate degree in one of the physical or biological sciences pertaining to the Medical Imaging or Radiation Therapy profession;
(B) Have a baccalaureate or associate degree in other disciplines of Medical Imaging with successful completion of courses in the following areas: college algebra, physics or chemistry, human anatomy, physiology, and radiation safety;
(C) National certification as a certified Nuclear Medicine Technologist (CNMT);
(D) National certification as a Registered Radiographer (ARRT (R));
(E) National certification as a Registered Radiographer specializing in Nuclear Medicine (ARRT (N)); or
(F) National certification as a Radiation Therapist (ARRT (T)); and
(6) Pass an examination which has been approved by the board, with a minimum passing score of seventy-five percent, which examination shall cover the basic subject matter of medical imaging, radiation safety, skills and techniques as it pertains to Nuclear Medicine.
(b) A person seeking a Nuclear Medicine Technology license shall submit an application on a form prescribed by the board and pay the license fee, which fee shall be returned to the applicant if the license application is denied.
(c) A Nuclear Medicine Technology license issued by the board prior to July 1, 2007, shall for all purposes be considered a license issued under this article: Provided, That a person holding a Nuclear Medicine Technology license issued prior to July 1, 2007, must renew the license pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-17. Requirements for Magnetic Resonance Imaging Technologist License

(a) To be eligible for a license to practice Magnetic Resonance Imaging Technology, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Not have been convicted of a felony under the laws of any state or the United States within five years preceding the date of application for licensure, which conviction remains unreversed;
(4) Not have been convicted of a misdemeanor or a felony under the laws of any state or the United States at any time if the offense for which the applicant was convicted related to the practice of Medical Imaging, which conviction remains unreversed.
(5) Meet one of the following qualifications:
(A) Have a baccalaureate or associate degree in one of the physical or biological sciences pertaining to the Medical Imaging or Radiation Therapy profession;
(B) Have a baccalaureate or associate degree in other disciplines of Medical Imaging with successful completion of courses in the following areas: college algebra, physics or chemistry, human anatomy, physiology, and radiation safety;
(C) National certification as a certified Nuclear Medicine Technologist (CNMT);
(D) National certification as a Registered Radiographer (ARRT (R));
(E) National certification as a Registered Radiographer specializing in Nuclear Medicine (ARRT (N));
(F) National certification as a Radiation Therapist (ARRT(T); or
(G) National certification as an MRI technologist (ARRT (MR) or ARMRIT); and
(6) Pass an examination which has been approved by the board, with a minimum passing score of seventy-five percent, which examination shall cover the basic subject matter of Medical Imaging, radiation safety, skills and techniques as it pertains to Magnetic Resonance Imaging.
(b) A person seeking a Magnetic Resonance Imaging Technology license shall submit an application on a form prescribed by the board and pay the license fee, which fee shall be returned to the applicant if the license application is denied.
(c) A Magnetic Resonance Imaging Technology license issued by the board prior to July 1, 2007, shall for all purposes be considered a license issued under this article: Provided, That a person holding a Magnetic Resonance Imaging Technology license issued prior to July 1, 2007, must renew the license pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-18. Scope of Practice for Magnetic Resonance Imaging Technologist

The scope of practice for Magnetic Resonance Imaging Technology includes the following:
(1) Make arrangements with other departments for ancillary patient services (e.g. transportation, anesthesia);
(2) Orient patient and family to requirements necessary for the exam and instruct patient regarding preparation prior to imaging procedures;
(3) Assist with scheduling patients and coordinating exams to assure smooth work flow and review patient's chart to verify physician's orders;
(4) Assist patient on and off the scanning table and maintain communication and provide reassurance to patient throughout scanning procedure;
(5) Obtain patient's medical history prior to scan and observe patient's vital signs, O2 saturation, patient's level of consciousness during scanning procedure, and observe patient's physical status prior to discharge from the scanning procedure;
(6) Maintain controlled access to restricted area of strong magnetic field to ensure safety of patients, visitors, and hospital personnel and screen patient for ferrous and RF-sensitive material prior to entrance into magnetic field;
(7) Evacuate patient in emergency situation (e.g., quench, code, metallic object);
(8) Provide hearing protection to patient and others;
(9) Inspect equipment to make sure it is operable and safe (e.g., coils, cables, door seals), perform document and interpret the results of daily QC tests (center frequency, signal to noise, image quality and artifacts);
(10) Monitor specific absorption rate (SAR) and cryogen levels;
(11) Position patient according to type of study indicated and enter patient's data needed to initiate scan;
(12) Explain the risks of contrast media injections, obtain signed consent form, determine appropriate dose required, program or activate the power injector and administer the contrast media;
(13) Select all parameters needed to obtain a highly diagnostic image;
(14) Archive images to or retrieve images from data storage devices;
(15) Evaluate quality of filmed images and reformat images;
(16) Perform automatic or manual frequency tuning;
(17) Differentiate between normal and abnormal images to assess completion of procedure;
(18) Monitor image production and discriminate between technically acceptable and unacceptable images;
(19) Maintaining values congruent with the profession's code of ethics and scope of practice as well as adhering to national, institutional and/or departmental standards, policies and procedures regarding delivery of services and patient care; and
(20) Perform any other duties that the board authorizes.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-19. Requirements for an Apprentice License for Nuclear Medicine Technologists and Magnetic Resonance Imaging Technologists

(a) The board may issue an apprentice license to an individual who is practicing as a Nuclear Medicine Technologist or a Magnetic Resonance Imaging Technologist prior to July 1, 2007 but has not obtained certification in the discipline. A notarized letter, signed by the individual's supervising licensed physician, must be submitted with the individual's application, stating that the individual has performed the duties of a Nuclear Medicine Technologist or Magnetic Resonance Imaging Technologist prior to July 1, 2007.
(b) The apprentice license is valid for one year. An apprentice license may be renewed annually for an additional four years, giving the individual a total of five years to complete the requirements and successfully pass the certification examination for a Nuclear Medicine Technologist license or a Magnetic Resonance Imaging Technologist license. All individuals possessing an apprentice license must work under the supervision of a licensed practitioner for MRI, an authorized user for nuclear medicine or a technologist who is licensed in that discipline.
(c) Any individual possessing a valid Medical Imaging license issued by the board and seeks to cross-train in the discipline of Nuclear Medicine Technology or Magnetic Resonance Imaging Technology, may obtain an apprentice license in that discipline for the purpose of obtaining the necessary clinical experience requirements in order to qualify to sit for the required examination. This apprentice license will be valid for one year and renewable for four years, giving a cross-trained individual five years to obtain certification in the discipline.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-20. Requirements for Podiatric Medical Assistant Permit

(a) To be eligible for a Podiatric Medical Assistant permit to perform podiatric radiographs, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Pass a written examination for certification from the American Society of Podiatric Medical Assistants (ASPMA);
(4) Maintain an active certification in the American Society of Podiatric Medical Assistants (ASPMA) and meet all requirements of that organization including the continuing education requirements;
(5) Not have been convicted of a felony under the laws of any state or the United States within five years preceding the date of application for licensure, which conviction remains unreversed; and
(6) Not have been convicted of a misdemeanor or felony under the laws of any state or the United States at any time if the offense for which the applicant was convicted related to the practice of Radiologic Technology, which conviction remains unreversed.
(b) A person seeking a Podiatric Medical Assistant permit shall submit an application on a form prescribed by the board and pay the permit fee, which fee shall be returned to the applicant if the permit application is denied.
Upon application for renewal, the permittee shall submit documentation of an active certification in ASPMA and payment of a renewal fee.
(c) A Podiatric Medical Assistant permit issued by the board prior to July 1, 2007, shall for all purposes be considered a permit issued under this article: Provided, That a person holding a Podiatric Medical Assistant permit issued prior to July 1, 2007, must renew the permit pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-21. Scope of Practice for Podiatric Medical Assistants

The scope of practice for a Podiatric Medical Assistant includes the following:
(a) The use of equipment specifically designed for the performance of foot or ankle podiatric radiographs, as approved by the board; and
(b) Performed under the supervision of a licensed Podiatrist.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-22. License and Permit Renewal Requirements

(a) A licensee and permittee shall annually renew his or her license or permit by completing a form prescribed by the board, paying a renewal fee, and submitting any other information required by the board.
(b) The board shall charge a fee for each renewal of a license or permit and a late fee for any renewal not paid in a timely manner.
(c) The board shall require as a condition for the renewal of a license and permit that each licensee or permittee complete continuing education requirements.
(d) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license or permit.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-23. Display of License

(a) The board shall prescribe the form for a license and permit and may issue a duplicate license or permit, upon payment of a fee.
(b) A licensee shall conspicuously display his or her license at his or her principal place of practice. A photocopy of the original license shall be conspicuously displayed at his or her secondary place of employment.
(c) A permittee shall conspicuously display his or her permit at his or her principal place of practice. A photocopy of the original permit shall be conspicuously displayed at his or her secondary place of employment.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 23. Radiologic Technologists › §30-23-24. Refusal to Issue or Renew, Suspension or Revocation; Disciplinary Action

(a) The board may refuse to issue, refuse to renew, suspend, revoke or limit any license, apprentice license, permit or practice privilege and may take disciplinary action against a licensee or permittee who, after notice and a hearing, has been adjudged by the board as unqualified for any of the following reasons:
(1) Fraud, misrepresentation or deceit in obtaining or maintaining a license or permit;
(2) Failure by any licensee or permittee to maintain compliance with the requirements for the issuance or renewal of a license, apprentice license or permit;
(3) Dishonesty, fraud, professional negligence in the performance of medical imaging or radiation therapy technology, or a willful departure from the accepted standards of practice and professional conduct;
(4) Violation of any provision of this article or any rule promulgated hereunder;
(5) Violation of any professional standard or rule of professional conduct;
(6) Failure to comply with the provisions of this article or any rule promulgated hereunder;
(7) Failure to comply with any order or final decision of the board;
(8) Failure to respond to a request or action of the board;
(9) Conviction of a crime involving moral turpitude;
(10) Conviction of a felony or a crime involving dishonesty or fraud or any similar crime under the laws of the United States, this state or another jurisdiction, if the underlying act or omission involved would have constituted a crime under the laws of this state;
(11) Knowingly using any false or deceptive statements in advertising;
(12) Any conduct adversely affecting the licensee's or permittee's fitness to perform Medical Imaging or Radiation Therapy Technology; or
(13) Except in emergency situations, failed to obtain written authorization from the attending licensed practitioner or from the patient and if the patient is a minor, from a parent or a person having custody of the minor.
(b) The board shall suspend or revoke any license or permit if it finds the existence of any grounds which would justify the denial of an application for such license or permit if application were then being made for it.
(c) If the board suspends, revokes, refuses to issue, refuses to renew or limits any license, permit or practice privilege, the board shall make and enter an order to that effect and give written notice of the order to the person by certified mail, return receipt requested, which order shall include a statement of the charges setting forth the reasons for the action, and notice of the date, time and place of the hearing. If a license or permit is ordered suspended or revoked, then the licensee or permittee shall, within twenty days after receipt of the order, return the license, apprentice license or permit to the board. The hearing shall be held in accordance with the provisions of this article.
(d) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, administrative fines, and mandatory attendance at continuing education seminars.