reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7A. Practical Nurses › §30-7A-1. Definitions

(a) The term “practical nursing” means the performance for compensation of selected nursing acts in the care of the ill, injured, or infirm under the direction of a registered professional nurse or a licensed physician or a licensed dentist, and not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.
(b) The term “practical nurse” means a person who has met all the requirements for licensure as a practical nurse and who engages in practical nursing as hereinabove defined.
(c) The term “board” as used in this article, shall mean the board of examiners for licensed practical nurses as set forth in section five of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7A. Practical Nurses › §30-7A-2. Use of Titles

(a) Any person licensed pursuant to this article may use the title "licensed practical nurse," "practical nurse" and the abbreviation "L.P.N" or the term "nurse". Except as otherwise provided in article seven of this chapter, no other person may assume such title, or use such abbreviation, or any other words, letters, figures, signs, or devices to indicate that the person using the same is a licensed practical nurse or a practical nurse.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7A. Practical Nurses › §30-7A-3. Qualifications of Applicants for License

Except as otherwise provided in section six of this article, any person desiring to obtain a license to practice practical nursing shall submit to the board satisfactory evidence that he or she: (a) Is of good moral character; (b) has acquired at least a tenth grade education or its equivalent; (c) has completed a course of study in an accredited school for practical nurses as defined by the board and holds a diploma therefrom; and (d) has completed such other general educational requirements as may be prescribed by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7A. Practical Nurses › §30-7A-6. Examination and Licensure of Practical Nurses; Present Practitioners

The applicant, except as hereinafter provided, shall be required to pass a written examination in such subjects as the board shall determine. Each written examination may be supplemented by such oral or practical examination as the board may deem necessary. The board shall determine the times and places for the examination. Notices of examination shall be sent by mail to each person known by the secretary to be an applicant for an examination or registration at least thirty days previous to any such scheduled examination. Upon the applicant's successful completion of an appropriate examination as prescribed by the board and satisfaction of the other requirements of this article, the board shall issue to the applicant a license to practice practical nursing. The board shall issue such license by endorsement to any applicant who has been duly licensed or registered as such, or to a person entitled to perform similar services under a different title, in another state, territory or foreign country if, in the opinion of the board, the applicant meets the other requirements for licensed practical nurses in this state. On or before June 30, 1968, any practical nurse who exhibits proof, satisfactory to the board, that he or she has been engaged in practical nursing in this state for a period of three years and who satisfactorily completes an appropriate examination as prescribed by the board shall be issued a license by waiver by said board, which shall be so designated on its face.
Any person obtaining a license by waiver who has completed extension courses equal in theory to those for the graduate practical nurses, as determined by the board, may at any time thereafter take the examination prescribed by the board for graduate practical nurses and obtain a license without the designation of "waiver" thereon.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7A. Practical Nurses › §30-7A-7. Renewal or Reinstatement of License

The license of every person licensed under the provisions of this article shall expire on June 30, next following the date of license. In order for such license to be renewed, the licensee shall comply with such rules and regulations of the board as are applicable to renewals. The renewal fee for all licenses shall be $5, subject to change by the board. Upon receipt of the renewal fee the board shall issue to the licensee a certificate of renewal for the current year, beginning July first and expiring June thirtieth of the following year. Such certificate shall render the holder thereof a legal practitioner for the period stated on the certificate of renewal. Any licensee who allows his or her license to lapse by failing to renew the license as provided above may be reinstated by the board on satisfactory explanation for such failure to renew his or her license and on payment of a reinstatement fee of $5, subject to change by the board, in addition to the renewal fee hereinbefore set out. Any person practicing practical nursing during the time his or her license has lapsed shall be considered an illegal practitioner and shall be subject to the penalties provided for violation of this article. A person licensed under the provisions of this article desiring to retire from practice temporarily shall give written notice of such desire to the board. Upon receipt of such notice the board shall place the name of such person upon the nonpracticing list. While remaining on this list the person shall not be subject to the payment of any renewal fees and shall not practice as a licensed practical nurse in the state. When such person desires to resume practice, application for renewal of license and payment of the renewal fee for the current year shall be made to the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7A. Practical Nurses › §30-7A-7a. Supplemental Fees to Fund Center for Nursing; Emergency Rules

(a) The board is authorized to assess a supplemental licensure fee not to exceed ten dollars per license per year. The supplemental licensure fee is to be used to fund the center for nursing and to carry out its purposes as set forth in article seven-b of this chapter.
(b) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish the supplemental licensure fee.
(c) The board may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code for the initial fee assessment.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7A. Practical Nurses › §30-7A-8. Schools of Practical Nursing

(a) A practical nursing program is determined to be board approved if approved by the board, or the program is accredited by a national accrediting agency recognized by the United States Department of Education. The accreditation is considered board approved and is exempt from board rules that require ongoing approval if the school or program maintains this accreditation.
(b) By July 1, 2022, all practical nursing programs shall be accredited by a national accrediting agency recognized by the United States Department of Education. A program created after July 1, 2018, shall have 5 years to obtain accreditation by an accrediting agency recognized by the United States Department of Education.
(c) The board may require information concerning the practical nursing program to be reported to the board by legislative rule. The requested information shall be consistent with information already being collected by the schools which is required to maintain the program’s accreditation.
(d) The board shall approve a new practical nursing program until the program is accredited by a national accrediting agency recognized by the United States Department of Education.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7A. Practical Nurses › §30-7A-9. Construction of Article; Acts Not Prohibited

The provisions of this article shall not be construed as prohibiting:
(1) The care of a sick, disabled, injured, crippled or infirm person by a member or members of such person's family, or by close relatives, or by domestic servants, housekeepers or household aides thereof, whether employed regularly or because of emergency circumstances due to illness or other disabilities.
(2) The work and services of auxiliary hospital personnel, such as nursing aides, maids, orderlies, technicians, volunteer workers and other like hospital employees.
(3) Practical nursing by students enrolled in accredited schools for practical nursing incidental to their course of study.
(4) Practice of nursing in this state by any legally qualified practical nurse of another state or country for a period not to exceed six months or whose engagement requires such practical nurse to accompany and care for a patient temporarily residing in this state during the period of such engagement.
(5) Nursing services rendered by a graduate of an approved school of practical nursing working under qualified supervision during the period between completion of his or her course of nursing education and notification of the results of the first licensing examination following graduation. In cases of hardship and upon petition to the board, the board may grant an extension of such period to such graduate.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7A. Practical Nurses › §30-7A-10. Disciplinary Proceeding; Grounds for Discipline

The board shall have the right, in accordance with rules and regulations promulgated under the provisions of article three, chapter twenty-nine-a of this code, to refuse to admit an applicant for the licensure examination for the hereinafter stated reasons, and also the board shall have the power to revoke or suspend any license to practice practical nursing issued by the board in accordance with the provisions of this article, or to otherwise discipline a licensee upon satisfactory proof that the person: (1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice practical nursing; or (2) is convicted of a felony; or (3) is habitually intemperate or is addicted to the use of habit-forming drugs; or (4) is mentally incompetent; or (5) is guilty of professional misconduct as defined by the board; or (6) who practices or attempts to practice without a license or who willfully or repeatedly violates any of the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7A. Practical Nurses › §30-7A-11. Prohibited Acts; Penalties

It shall be a misdemeanor for any person, firm, corporation or association of persons to: (1) Sell or fraudulently obtain or furnish any nursing diploma, license or record or aid or abet therein; or (2) practice practical nursing unless duly licensed to do so under the provisions of this article; or (3) use in connection with his or her name any designation tending to imply that he or she is a licensed practical nurse unless duly licensed so to practice under the provisions of this article; or (4) practice practical nursing during the time his or her license issued under the provisions of this article shall be suspended or revoked; or (5) conduct a school of practical nursing or a course for training of practical nurses unless the school or course has been accredited by the board; or (6) otherwise violate any provision of this article.
Any person convicted of any such misdemeanor shall be punishable by a fine of not less than twenty-five nor more than $100.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7B. Center for Nursing › §30-7B-1. Definitions

As used in this article, the following words and phrases have the meanings ascribed to them:
(a) "Board" means the Board of Directors for the West Virginia Center for Nursing;
(b) "Center" means the West Virginia Center for Nursing;
(c) "Commission" means the West Virginia Higher Education Policy Commission; and
(d) "Center for Nursing Fund" means the special revenue account established in section four, article three, chapter eighteen-c of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7B. Center for Nursing › §30-7B-2. West Virginia Center for Nursing

(a) The West Virginia Center for Nursing is continued for the purpose of addressing the issues of recruitment and retention of nurses in West Virginia.
(b) The commission shall satisfy the following requirements:
(1) Provide suitable office space for the center;
(2) Provide staff support for the center as necessary;
(3) Share statistics and other pertinent information with the center;
(4) Work cooperatively with the center to assist it in achieving its objectives; and
(5) Utilize moneys from the Center for Nursing Fund to perform its duties required by this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7B. Center for Nursing › §30-7B-3. Center's Powers and Duties

The center shall satisfy the following requirements:
(a) Establish a statewide strategic plan to address the nursing shortage in West Virginia;
(b) Collect, evaluate and disseminate data regarding nurse availability and shortage areas;
(c) Establish and maintain a website to disseminate information about the center and its mission, and educational opportunities and financial aid available in West Virginia;
(d) Evaluate capacity for expansion of nursing programs, including the availability of faculty, clinical laboratories, computers and software, library holdings and supplies;
(e) Consult with and advise the commission regarding the commission's administration of the nursing scholarship program designed to benefit nurses who practice in hospitals and other health care institutions or teach in state nursing programs as provided in section four, article three, chapter eighteen-c of this code; and
(f) Perform other activities necessary or expedient to accomplish the purposes and implement the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7B. Center for Nursing › §30-7B-4. Board of Directors

(a) The center is governed by a board of directors consisting of the following members appointed by the Governor:
(1) Two representatives from the West Virginia Board of Examiners for Registered Professional Nurses, as follows:
(A) One representing a bachelor or higher degree program; and
(B) One representing an associate degree program;
(2) One representative from the West Virginia Board of Examiners for Licensed Practical Nurses;
(3) One representative from the West Virginia Nurses Association;
(4) One nurse representing a rural health care facility;
(5) One director of nursing;
(6) One health care administrator;
(7) One registered professional staff nurse engaged in direct patient care;
(8) One licensed practical nurse engaged in direct patient care;
(9) Two citizen members as required by section four-a, article one, chapter thirty of this code;
(10) Two ex officio, nonvoting members, as follows:
(A) The Secretary of the Department of Health and Human Resources or his or her designee; and
(B) A representative from WorkForce West Virginia.
(b) Members are appointed for four-year terms. A member may not serve more than two consecutive terms.
(c) The board shall elect annually from its voting members a president and a secretary as required by section three, article one, chapter thirty of this code. A majority of the appointed members constitutes a quorum.
(d) The Governor shall fill any vacancy within thirty days of occurrence.
(e) The members of the board who are in office on the effective date of this section, unless sooner removed, shall continue to serve until their successors have been appointed and qualified.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7B. Center for Nursing › §30-7B-5. Powers and Duties of the Board of Directors

(a) The board has the following powers and duties:
(1) Determine policy for the operation of the center to accomplish the purposes of this article; and
(2) Advise the commission on matters pertaining to the administration of the Nursing Scholarship Program pursuant to section four, article three, chapter eighteen-c of this code.
(b) The commission shall provide to the board administrative and professional staff support as needed from the Center for Nursing Fund.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7B. Center for Nursing › §30-7B-6. Expense Reimbursement

(a) Members of the board serve without compensation, but may be reimbursed for actual and necessary expenses incurred for each day, or portion thereof, in which they are engaged in the discharge of official duties. Reimbursements are made in a manner consistent with guidelines of the travel management office of the commission.
(b) The commission shall provide reimbursement for members' expenses from the Center for Nursing Fund.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7B. Center for Nursing › §30-7B-7. Reports

The center shall report by December 1, 2014, and biennially thereafter, to the Legislative Oversight Commission on Health and Human Resources Accountability and the Legislative Oversight Commission on Education Accountability on its progress in developing a statewide strategic plan to address the nursing shortage in West Virginia and on any other issues the board considers relevant to the practice of nursing in this state. Additionally, the board shall provide drafts of any legislation needed to implement recommendations of the center's strategic plan.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-1. Definitions

As used in this article:
(1) "Approved dialysis technician training program" means any board approved program used to train dialysis technicians including, but not limited to, a Board approved dialysis facility-sponsored training program or another state approved program.
(2) "Board" means the West Virginia Board of Examiners for Registered Professional Nurses.
(3) "Dialysis care" means performing and monitoring dialysis procedures which includes initiating and discontinuing dialysis, drawing blood, and administering medications authorized under section seven of this article.
(4) "Dialysis technician trainee" means an individual enrolled in an approved dialysis technician program.
(5) "Direct supervision" means initial and ongoing direction, procedural guidance, observation and evaluation, and the on-site presence of a registered nurse or physician.
(6) "Facility" means any entity that is certified by the Office of Health Facilities Licensure and Certification to provide dialysis services.
(7) "West Virginia dialysis technician or dialysis technician" means an individual certified by the board who has successfully completed an approved dialysis technician training program and who has achieved national certification as a dialysis technician, or an individual who meets the requirements set forth in subsection (b), section three of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-2. Authority to Delegate Care; Dialysis Care by Trainees in Approved Program

(a) A registered professional nurse licensed under the provisions of article seven of this chapter may delegate dialysis care to a dialysis technician if:
(1) The dialysis technician has completed the requirements set forth in this article and established by the board by legislative rule;
(2) The registered professional nurse considers the dialysis technician to be competent; and
(3) The dialysis technician provides the care under the direct supervision of the registered professional nurse.
(b) A registered professional nurse licensed under the provisions of article seven of this chapter may not delegate dialysis care to an individual who is listed on the nurse aide abuse registry with a substantiated finding of abuse, neglect or misappropriation of property.
(c) Nothing in this article may be construed to prohibit a dialysis technician trainee from performing dialysis care as a part of and within the scope of the clinical skills instruction segment of an approved dialysis technician training program.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-3. Qualifications; Exceptions; Application Form and Fees

(a) To be certified by the board as a dialysis technician, an individual shall demonstrate that he or she:
(1) Is of good moral character;
(2) Has acquired at least a high school diploma, general equivalency diploma or equivalent;
(3) Has successfully completed an approved dialysis technician training program;
(4) Has achieved national certification as a dialysis technician; and
(5) Has met such other qualifications required by the board by legislative rule.
(b) An applicant for certification shall file with the board an application as established by the board demonstrating that he or she has met the qualifications set forth in this section, and pay an application fee as established by legislative rule.
(c) (1) The board may, upon receipt of a completed application and fee in accordance with legislative rule, issue a temporary permit to practice as a dialysis technician to any applicant who has completed a board approved dialysis technician training program.
(2) A temporary permit is effective from the date of issuance until three days after the receipt by the applicant and the board of the results of the certification examination or after eighteen months whichever is sooner, unless the board revokes the temporary permit prior to its expiration.
(3) A temporary permit may be renewed one time for an additional eighteen months from the renewal date unless the board revokes the temporary permit prior to its expiration, under the following circumstances:
(A) The national certification has lapsed, and
(B) A dialysis technician is required to work to qualify for recertification.
(d) A dialysis technician previously licensed under this article is continued to be licensed and is eligible to renew.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-4. Use of Title &Quotwest Virginia Dialysis Technician" or &Quotdialysis Technician"; Dialysis Technician Trainees

(a) An individual certified by the board as a dialysis technician pursuant to the provisions of this article shal1 be known as a West Virginia dialysis technician or dialysis technician and may use the initials "D.T." after his or her name. After June 30, 2005, no other individual may use the title, abbreviation or any other words, letters, figures, signs or devices to indicate that he or she is a dialysis technician.
(b) An individual enrolled in an approved dialysis technician training program shall use the title dialysis technician trainee. A dialysis technician trainee shall adhere to the standards for dialysis technicians and is subject to disciplinary action by the board as provided in the board’s rules.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-5. Authorized Activities

A dialysis technician is authorized to perform the following, under the direct supervision of a registered professional nurse or a licensed physician:
(1) Preparation and initiation of dialysis access sites;
(2) Initiating, delivering or discontinuing dialysis care; and
(3) Administration of the following medications only:
(A) Heparin to prime the pump, initiate treatment or for administration throughout the treatment, in an amount prescribed by a physician or other authorized practitioner. This may be done intravenously, peripherally via a fistula needle or in another clinically acceptable manner;
(B) Normal saline via the dialysis extra corporeal circuit as needed throughout the dialysis procedure; and
(C) Intradermal anesthetic in an amount prescribed by a physician or other authorized practitioner;
(4) Obtaining a blood specimen via the dialysis extra corporeal circuit or a peripheral access site;
(5) Reporting changes that arise in conjunction with dialysis care to the registered nurse or physician; and
(6) Engaging in other acts as delegated by the registered nurse or physician in order to provide dialysis care.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-6. Approval of Training Programs and Testing Standards

(a) The Board shall prescribe standards for approved dialysis technician training programs, and prescribe testing standards and requirements, by legislative rule.
(b) Persons and organizations providing training programs and testing services must be approved by the board.
(c) Approval may be denied or withdrawn for failure to meet the standards set out in code or rule.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-7. Powers and Duties of Board; Rule-Making Authority

(a) The Board may:
(1) Adopt and amend rules consistent with this article necessary to enable it to carry into effect the provisions of this article, including disciplinary rules;
(2) Prescribe standards for preparing individuals for the role of dialysis technician under this article;
(3) Provide for standards for approved dialysis technician training programs;
(4) Accredit educational programs for the preparation of dialysis technicians that meet the requirements of this article;
(5) Provide surveys of educational programs when the board considers it necessary;
(6) Approve, reapprove and prescribe standards for testing organizations and the tests offered by organizations for dialysis technicians;
(7) Deny or withdraw approval of testing organizations;
(8) Prescribe standards for dialysis technician trainees;
(9) Issue, renew or revoke temporary permits, endorsements and certifications for dialysis technicians;
(10) Deny or withdraw accreditation of approved dialysis technician training programs for failure to meet or maintain prescribed standards required by this article and by the board;
(11) Conduct hearings upon charges calling for discipline of a dialysis technician;
(12) Keep a record of all proceedings of the board; and
(13) Further regulate, as necessary, dialysis technicians: Provided, That the board is not authorized to establish staffing ratios.
(b) The Board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of the code to:
(1) Prescribe standards for training programs;
(2) Prescribe testing standards and requirements;
(3) Prescribe requirements for persons and organizations providing training programs and testing services;
(4) Assess fees for the certification of dialysis technicians, approval of training programs, tests and providers of training programs and testing services, and other services performed by the board; and
(5) Provide for any other requirements necessary to carry out the purposes of this article.
(c) The Board may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code for the purposes set forth in this section. Notwithstanding the provisions of section fifteen, article three, chapter twenty-nine-a of this code to the contrary, the legislative rule proposed by the board of Registered Professional Nurses entitled "Dialysis Technicians", [19CSR13] and authorized as an emergency rule by the Secretary of State on August 5, 2005, shall continue in full force and effect as an emergency rule until July 1, 2007, unless disapproved or authorized as a legislative rule, or otherwise amended by an Act of the Legislature.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-8. Fees

All fees and other moneys collected by the board pursuant to the provisions of this article shall be kept in a separate special fund called the Dialysis Technician Fund to be established for the board in the state Treasury and shall be used for the administration of this article. No part of this special fund reverts to the General Fund of this state. The costs and all expenses incurred under this article are to be paid from this special fund. No compensation or expense incurred under this article is a charge against the General Fund of this state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-10. Disciplinary Proceeding; Grounds for Discipline of a Dialysis Technician

(a) The Board may, in accordance with rules promulgated under the provisions of article three, chapter twenty-nine-a of this code, refuse to approve a dialysis technician.
(b) The Board may deny, revoke or suspend its certification of a dialysis technician in accordance with the provisions of this article, or to otherwise impose discipline upon proof that he or she:
(1) Is or was guilty of fraud or deceit in procuring or attempting to procure approval to be a dialysis technician;
(2) Has been convicted of a felony;
(3) Is unfit or incompetent by reason of negligence, habits or other causes;
(4) Is habitually intemperate or is addicted to the use of alcohol or habit-forming drugs;
(5) Is mentally incompetent;
(6) Is guilty of conduct derogatory to the morals or standing of the practice;
(7) Is practicing or attempting to practice as a dialysis technician without Board approval; or
(8) Has willfully or repeatedly violated any of the provisions of this article.
(c) After following procedures to be determined by the board in rules, the discipline may include any of the following:
(1) Summary suspension of the right to practice or reprimand of the dialysis technician;
(2) Probation of the dialysis technician for a specified period of time, with or without limitations and conditions;
(3) Suspension of the dialysis technician for a specified period of time; or
(4) Permanent revocation of dialysis technician privileges.
(d) The Board may establish a committee that has the authority to resolve disciplinary matters through a formal consent agreement with a licensee, permitting the licensee to voluntarily agree to disciplinary action in lieu of a formal evidentiary hearing.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-11. Prohibited Acts; Penalties

(a) No individual, firm, corporation, facility or association of individuals may:
(1) Sell or fraudulently obtain or furnish any national dialysis technician certification credential or documentation of successful completion of a dialysis technician training program or aid or abet therein;
(2) Act as a dialysis technician unless authorized by the provisions of this article;
(3) Use in connection with his or her name any designation tending to imply that he or she is a dialysis technician unless authorized by the provisions of this article; or
(4) Otherwise violate any provision of this article.
(b) An individual violating a provision of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred nor more than $1,000.
(c) It is unlawful for any individual to practice as a dialysis technician who is listed on the nurse aide abuse registry with a substantiated finding of abuse, neglect or misappropriation of property.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-12. Judicial Review; Appeal to Supreme Court of Appeals

(a) Any individual, firm, corporation, facility or association of individuals adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of this article is entitled to a judicial review of the decision. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code apply to and govern the judicial review with like effect as if the provisions of section four of this article were set forth in this section.
(b) The judgment of the circuit court is 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 of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7C. Dialysis Technicians › §30-7C-13. Injunction or Other Relief Against Unlawful Acts

(a) The practice of dialysis technician by an individual who has not met the requirements of this article is declared to be inimical to the public health and welfare and to be a public nuisance.
(b) Whenever, in the judgment of the board, an individual has engaged in, is engaging in, or is about to engage in, the practice of dialysis technician without holding a valid certification under this article, or has engaged, is engaging or is about to engage in any act which constitutes, or will constitute, a violation of this article, the board may make application to the appropriate court having equity jurisdiction for an order enjoining the practices or acts, and upon a showing that the individual has engaged, is engaging or is about to engage, in any such practices or acts, an injunction, restraining order, or other order as the court considers appropriate shall be entered by the court.
(c) The remedy provided in this section is in addition to, and not in lieu of, all other penalties and remedies provided in this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7E. Nurse Health Programs › §30-7E-1. Definitions

For the purposes of this article, the following words and terms have the meanings ascribed to them, unless the context clearly indicates otherwise.
(1) “Board” means the West Virginia Board of Examiners for Registered Professional Nurses.
(2) “Major mental illness” means a diagnosis of a mental disorder within the axis of psychotic or affective or mood, alcohol or chemical abuse or alcohol or chemical dependency as stipulated in the International Code of Diagnosis.
(3) “Nurse” means those health care professionals licensed by the West Virginia Board of Examiners for Registered Professional Nurses.
(4) “Nurse health program” means a program meeting the requirements of this article.
(5) “Qualifying illness” means the diagnosis of alcohol or substance abuse, alcohol or substance dependency or major mental illness.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7E. Nurse Health Programs › §30-7E-3. Discretionary Authority of Boards to Designate Programs

The West Virginia Board of Examiners of Registered Professional Nurses has the sole discretion to designate nurse health programs for licensees of the board and no provision of this article may be construed to entitle any nurse to the creation or designation of a nurse health program for any individual qualifying illness or group of qualifying illnesses.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7F. Nurse Licensure Compact › §30-7F-1. Findings and Declaration of Purpose

(a) The party states find that:
(1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
(2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
(3) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation’s health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;
(4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
(5) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and
(6) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
(b) The general purposes of this compact are to:
(1) Facilitate the states’ responsibility to protect the public’s health and safety;
(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;
(3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions;
(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction;
(5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;
(6) Decrease redundancies in the consideration and issuance of nurse licenses; and
(7) Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7F. Nurse Licensure Compact › §30-7F-4. Applications for Licensure in a Party State

(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
(b) A nurse may hold a multistate license, issued by the home state, in only one party state at a time.
(c) If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the commission.
(1) The nurse may apply for licensure in advance of a change in primary state of residence.
(2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
(d) If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7F. Nurse Licensure Compact › §30-7F-6. Coordinated Licensure Information System and Exchange of Information

(a) All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
(b) The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.
(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
(h) The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which shall include, at a minimum:
(1) Identifying information;
(2) Licensure data;
(3) Information related to alternative program participation; and
(4) Other information that may facilitate the administration of this compact, as determined by commission rules.
(i) The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7F. Nurse Licensure Compact › §30-7F-10. Effective Date, Withdrawal and Amendment

(a) This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than twenty-six states or December 31, 2018. All party states to this compact, that also were parties to the prior Nurse Licensure Compact, superseded by this compact, (“prior compact”), shall be deemed to have withdrawn from said prior compact within six months after the effective date of this compact.
(b) Each party state to this compact shall continue to recognize a nurse’s multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.
(c) Any party state may withdraw from this compact by enacting a statute repealing the same. A party state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
(d) A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
(e) Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this compact.
(f) This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
(g) Representatives of nonparty states to this compact shall be invited to participate in the activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all states.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7F. Nurse Licensure Compact › §30-7F-11. Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the Constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 8. Optometrists › §30-8-1. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice optometry in this state without a license or permit issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are an optometrist unless the person has been duly licensed or permitted under the provisions of this article.
(b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of optometry, except through a licensee or permittee.
(c) A licensee may not practice optometry as an employee of any commercial or mercantile establishment.
(d) A licensee may not practice optometry on premises not separate from premises whereon eyeglasses, lenses, eyeglass frames or any other merchandise or products are sold by any other person. For the purposes of this section, any room or suite of rooms in which optometry is practiced shall be considered separate premises if it has a separate and direct entrance from a street or public hallway or corridor within a building, which corridor is partitioned off by partitions from floor to ceiling.
(e) A person who is not licensed under this article as an optometrist may not characterize himself or herself as an "optometrist" or "doctor of optometry" nor may a person use the designation "OD".
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 8. Optometrists › §30-8-3. Definitions

As used in this article:
(a) "Appendages" means the eyelids, the eyebrows, the conjunctiva and the lacrimal apparatus.
(b) "Applicant" means any person making application for a license, certificate or temporary permit under the provisions of this article.
(c) "Board" means the West Virginia Board of Optometry.
(d) "Business entity" means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity owned by licensees that practices optometry.
(e) "Certificate" means a prescription certificate issued under section fifteen of this article.
(f) "Certificate holder" means a person authorized to prescribe certain drugs under section fifteen of this article.
(g) "Examination, diagnosis and treatment" means a method compatible with accredited optometric education and professional competence pursuant to this article.
(h) "License" means a license to practice optometry.
(i) "Licensee" means an optometrist licensed under the provisions of this article.
(j) "Ophthalmologist" means a physician specializing in ophthalmology licenced in West Virginia to practice medicine and surgery under article thereof this chapter or osteopathy under article fourteen of this chapter.
(k) "Permittee" means a person holding a temporary permit.
(l) "Practice of optometry" means the examining, diagnosing and treating of any visual defect or abnormal condition of the human eye or its appendages within the scope established in this article or associated rules.
(m) "Temporary permit" or "permit" means a permit issued to a person who has graduated from an approved school, has taken the examination prescribed by the board, and is awaiting the results of the examination.