reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32A. Speech-Language Pathologists and Audiologists Compact › §30-32A-13. Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes of the compact. The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected. If this compact is held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32A. Speech-Language Pathologists and Audiologists Compact › §30-32A-14. Binding Effect of Compact and Other Laws

(a) Nothing in this article prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(d) All agreements between the commission and the member states are binding in accordance with their terms.
(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-1. License Required to Practice

In order to protect the life, health and safety of the public, any person practicing or offering to practice as a licensed, certified or registered respiratory therapist is required to submit evidence that he or she is qualified to practice, and is licensed as provided in this article. It is unlawful for any person not licensed under the provisions of this article to practice as a respiratory therapist in this state, to deliver any portion of the description of services or scope of practice, or to use any title, sign, card or device to indicate that he or she is a respiratory therapist. The provisions of this article are not intended to limit, preclude or otherwise interfere with the practice of other health care providers including those health care providers working in any setting and licensed by appropriate agencies or boards of the State of West Virginia whose practices and training may include elements of the same nature as the practice of a licensed, certified or registered respiratory therapist.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-3. Board of Respiratory Care

(a) There is hereby created the West Virginia board of respiratory care. The board shall consist of seven members, appointed by the Governor with the advice and consent of the Senate, and shall consist of one lay citizen member; one practicing physician member currently licensed in West Virginia with board certification, clinical training and experience in the management of pulmonary disease; and five members licensed under the provisions of this article and engaged in the practice of respiratory care for the five years immediately preceding their appointment. One of the respiratory practitioners appointed shall be employed full time in home respiratory care by a home medical equipment supplier. All appointees shall be citizens of the United States and residents of this state. The West Virginia society for respiratory care or its successor organization shall make recommendations to the Governor regarding individuals to be considered for initial and subsequent appointments.
(b) The members of the board shall each serve terms that commence on July 1, 1995. Of the initial appointments to the board, one physician and one respiratory care practitioner shall serve for two-year terms, one public member and two respiratory care practitioners shall serve for three-year terms, and two respiratory care practitioners shall serve for four-year terms. Thereafter, each appointment shall be for a four-year term commencing upon the expiration of the term of his or her previous term or of his or her predecessor's term. No member may be appointed for more than three consecutive terms. Vacancies shall be appointed in a like manner for the balance of an unexpired term.
(c) The West Virginia medical association, or other organizations if requested by the Governor, may submit the names of three physicians qualified to serve in that designated position on the board.
(d) The Governor may remove any member from the board for neglect of any duty required by law or for incompetence or unethical or dishonorable conduct.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-4. Organization and Meetings of Board; Quorum; Expenses

(a) The board shall meet at least twice a year and elect annually a chairperson and a vice chairperson from its members. The board may hold other meetings during the year as the chairperson or board deem necessary to transact its business.
(b) A majority, including one officer, constitutes a quorum at any meeting, but a majority of the board is required to take action by vote. The board members shall receive travel and other necessary expenses actually incurred while engaged in board activities up to a maximum of $200 per board meeting. All reimbursement of expenses shall be paid out of the board of respiratory care fund created by the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-5. Board Responsibilities

The board shall:
(a) Provide public notice to all state hospitals and to all persons currently practicing as respiratory care practitioners that a license shall be required to continue practicing as a respiratory care technician or respiratory therapist, after June 30, 1996;
(b) Examine, license and renew the licenses of duly qualified applicants;
(c) Maintain a current registry of persons licensed to practice respiratory care under this article which shall contain information on the licensee's place of employment, address, license number and the date of licensure;
(d) Cause the prosecution of all persons violating this article, incurring any expenses necessary;
(e) Keep a record of all proceedings of the board and make it available to the public for inspection during reasonable business hours;
(f) Conduct hearings on charges that subject a licensee to disciplinary action and on the denial, revocation or suspension of a license;
(g) Maintain an information registry of persons whose licenses have been suspended, revoked or denied. The information shall include the individual's name, social security number, type and cause of action, date of board action, type of penalty incurred and the length of penalty. This information shall be available for public inspection during reasonable business hours and supplied to similar boards in other states upon request;
(h) Establish rules pursuant to the provisions of chapter twenty-nine-a of this code regarding relicensure and continuing education requirements. Continuing education requirements shall be established pursuant to a recognized continuing respiratory care education program such as, but not limited to, the program established by the american association for respiratory care;
(i) Maintain continuing education records; and
(j) Approve the training, continuing education and competency evaluation methods for respiratory care practitioners to perform entry level and advanced procedures in the art and techniques of respiratory care.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-6. Powers of the Board; Fund

(a) The board may:
(1) Adopt rules pursuant to article three, chapter twenty-nine-a of this code, as may be necessary to enable it to effect the provisions of this article;
(2) Employ such personnel as necessary to perform the functions of the board, including an administrative secretary, and pay all personnel from the board of respiratory care fund;
(3) Establish relicensure requirements, rules of probation for licensees, and other procedures as deemed appropriate;
(4) Secure the services of resource consultants, as deemed necessary by the board, who shall receive travel and other necessary expenses, consistent with state laws and policies, while engaged in consultative service to the board and who shall be reimbursed exclusively from the board of respiratory care fund;
(5) Fix appropriate and reasonable fees for mandatory licensure, which shall be no greater than $200 for initial licensure or $150 for annual license renewal. All fees shall be reviewed periodically and modified as necessary.
(b) The board shall designate one person to accept and deposit moneys paid to the board. The money so collected shall be deposited with the treasurer of the state and credited to an account to be known as the "board of respiratory care fund." Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code: Provided, That for the fiscal year ending June 30, 1996, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature. No part of the state's General Revenue Fund shall be expended to carry out the purposes of this article.
(c) The board may contract with other state boards or state agencies to share offices, personnel and other administrative functions as authorized under this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-6a. Rulemaking Authority

(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for licensure and permits to practice respiratory care;
(2) Procedures for examination and reexamination;
(3) Educational and experience requirements;
(4) Standards for approval of courses;
(5) Procedures for the issuance and renewal of licenses and temporary permits;
(6) Procedures which may be delegated to a student practicing under a temporary student permit;
(7) A fee schedule;
(8) Continuing education requirements for licensees;
(9) The procedure for denying, suspending, revoking, reinstating or limiting the practice of a licensee or permittee;
(10) Requirements for inactive or revoked licensees or temporary permits; and
(11) Any other rules necessary to effectuate the provisions of this article.
(b) All rules in effect on the effective date of this section remain in effect until they are amended, repealed or replaced.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-7. Issuance of License; Renewal of License; Renewal Fee; Display of License

(a) When the board finds that an applicant meets all of the requirements of this article for a license to engage in the practice of respiratory care, it shall forthwith issue to that person a license. Otherwise, the board shall deny the application. The application is to be submitted with a license fee of $200. If any application is rejected, the board shall return the fee less any actual costs incurred in processing the application.
(b) Every licensee shall renew his or her license on or before January 1, of each year by payment of a fee established by the board which shall be no greater than $150. Any license that is not so renewed shall automatically lapse. A license which has lapsed may be renewed within five years of its expiration date by meeting the requirements set forth by the board and payment of a fee equal to that established for the initial license. After the expiration of such five-year period, a license may be renewed only by complying with the provisions relating to the issuance of an original license.
(c) A person currently licensed to practice pursuant to this article may apply for an inactive status by providing written notice to the board and ceasing to engage in the practice of respiratory care in this state: Provided, That the inactive status is granted for no longer than five years. The board shall maintain a list of licensees on inactive status. Any person granted inactive status is not subject to the payment of any fees otherwise required by the board. Prior to engaging in the practice of respiratory care, the person shall submit to the board an application for the renewal of the license and payment of a renewal fee for the current year.
(d) The board may deny any application for renewal of a license for any reason which would justify the denial of an original application for a license as specified by provisions of this article.
(e) The board shall prescribe the form of licenses.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-8. Criteria for Licensure

(a) Upon payment of the proper fees, an applicant for a license to practice respiratory care shall submit to the board written evidence, verified by oath, that the applicant:
(1) Has completed an approved respiratory care educational program; and
(2) Passed a certification or registration examination, except where otherwise provided in this article. This examination may be administered by the state or by a national agency approved by the board. The board shall set the passing score for the examination.
(b) The board may also issue a license to practice respiratory care by endorsement to an applicant who is currently licensed to practice respiratory care under the laws of another state, territory or country if the qualifications of the applicant are considered by the board to be equivalent to, or greater than, those required in this state.
(c) The board may also issue a license to practice respiratory care by endorsement to respiratory therapists holding credentials conferred by the National Board for Respiratory Care, Inc., or its successor organizations, if the credentials have not been suspended or revoked. Applicants applying under the conditions of this section shall be required to certify under oath that their credentials have not been suspended or revoked.
(d) If an applicant fails to complete the requirements for licensure within ninety days from the date of filing, the application is considered to be abandoned.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-9. Temporary Student Permits

(a) Subject to the provisions of subsection (d) of this section, the board may issue a temporary student permit to practice respiratory care for a period of up to six months to a student enrolled in a respiratory care educational program which is approved by the board if the student submits:
(1) A student work permit form signed by the program director and by a principal administrative official of the institution where the program is located;
(2) An official transcript indicating successful completion of a minimum of thirty semester hours or the quarter hour equivalent, eighteen of which must be specific to respiratory care core curriculum, and at least two hundred clinical hours;
(3) Documentation from the program director and by a principal administrative official of the institution where the program is located stating that the student has successfully completed didactic and clinical competency requirements equal to the first year curriculum and approved by the board; and
(4) A signed permit application form and an initial permit application fee as prescribed by rule.
(b) A student practicing under a temporary student permit may work only under the supervision of an employee of the same department with a minimum Licensed Respiratory Therapist Certified credential issued by the board and who is present on the premises and available to the student at all times.
(c) A student practicing under a temporary student permit may not use worked paid hours as a substitute for clinical rotations required by his or her respiratory care educational program.
(d) Upon expiration of the initial permit, the student may apply for one renewal permit for up to six additional months by providing documentation from the program director stating the student is actively enrolled in at least nine semester hours, and is making satisfactory progress in his or her respiratory care core curriculum and clinical rotations, and payment of a renewal fee as prescribed by rule.
(e) The board may promulgate emergency rules, pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to set forth those procedures which may be delegated to a student practicing under a temporary student permit and fees for issuance and renewal of temporary student permits. The board may not issue temporary student permits unless and until the rule authorized by this subsection is in effect.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-10. Prohibitions and Penalties

It shall be a misdemeanor for any person, including any corporation or association, to:
(a) Sell or fraudulently obtain or furnish any respiratory care provider license or record or aid or abet therein;
(b) Practice as a respiratory care provider under cover of any diploma, license or record illegally or fraudulently obtained or signed or issued or under fraudulent representation;
(c) Practice as a respiratory care provider unless duly licensed to do so under the provisions of this article;
(d) Use in connection with his or her name any designation tending to imply that he or she is licensed to practice as a respiratory care provider unless duly licensed so to practice under the provisions of this article;
(e) Practice as a respiratory care provider during the time his or her license issued under the provisions of this article is suspended or revoked;
(f) Conduct a respiratory care provider licensing program for the preparation of respiratory care provider unless such program has been accredited by the board; or
(g) Otherwise violate any provisions of this article.
Upon conviction, each misdemeanor shall be punishable by a fine of not less than twenty-five nor more than $250.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-11. Examination Requirement; Termination of Temporary Licenses

(a) After the establishment of the board of respiratory care, a license shall be issued to applicants who, on the effective date of this article, have passed the National Board of Respiratory Care, Inc., entry-level or registry examinations, or their equivalent as approved by the board.
(b) Applicants who have not passed either of these national examinations or their equivalent and who, through written evidence verified by oath, demonstrate that they have been functioning for two years in the capacity of a respiratory care provider as defined by this article shall be issued a temporary license to practice respiratory care. A temporary license shall be valid until December 31, 1997. Persons holding a temporary license shall be issued a license to practice only after achieving a passing score on a licensure exam administered or approved by the board. After December 31, 1997, persons who have not passed either of these national examinations or their equivalent shall not be licensed to practice respiratory care until they have achieved a passing score on a licensure exam administered or approved by the board.
(c) Any person issued a license pursuant to this section shall be required to pay the license or renewal fees established in section seven of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-12. Professional Identification

(a) A person holding a license to practice respiratory care as a respiratory therapist in this state who has successfully completed the entry level examination of the national board of respiratory care or any successor organization may use the title "licensed respiratory therapist certified" and the abbreviation "LRTC."
(b) A person holding a license to practice as a respiratory therapist in this state who has successfully completed the registry examination of the national board of respiratory care or any successor organization may use the title "licensed respiratory therapist registered" and the abbreviation "LRTR."
(c) The board may change the professional identification for its profession should the accepted reference to the providers of respiratory care be changed by the national board of respiratory care or its successor organization.
(d) A licensee shall either show his or her license or provide a copy thereof within twenty-four hours of a request from an employer or the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-13. Disciplinary Criteria

The board may revoke, suspend or refuse to renew any license, or place on probation, or otherwise reprimand a licensee or permit holder, or deny a license to an applicant if it finds that the person:
(a) Is guilty of fraud or deceit in procuring or attempting to procure a license or renewal of a license to practice respiratory care;
(b) Is unfit or incompetent by reason of negligence, habits or other causes of incompetence;
(c) Is habitually intemperate in the use of alcoholic beverages;
(d) Is addicted to or has improperly obtained, possessed, used or distributed habit-forming drugs or narcotics;
(e) Is convicted of a felony that materially affects the person's ability to safely practice respiratory care;
(f) Is guilty of dishonest or unethical conduct as determined by the board of respiratory care;
(g) Has practiced respiratory care after his or her license or permit has expired, been suspended or revoked;
(h) Has practiced respiratory care under cover of any permit or license illegally or fraudulently obtained or issued; or
(i) Has violated or aided or abetted others in violation of any provision of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-14. Due Process Procedure

(a) Upon filing with the board a written complaint charging a person with being guilty of any of the acts described in section thirteen of this article, the administrative secretary or other authorized employee of the board shall provide a copy of the complaint or list of allegations to the person about whom the complaint was filed. That person will have twenty days thereafter to file a written response to the complaint. The board shall thereafter, if the allegations warrant, make an investigation. If the board finds reasonable grounds for the complaint, a time and place for a hearing shall be set, notice of which shall be served on the licensee, permit holder or applicant at least fifteen calendar days in advance of the hearing date. The notice shall be by personal service or by certified or registered mail sent to the last known address of the person.
(b) The board may petition the circuit court for the county within which the hearing is being held to issue subpoenas for the attendance of witnesses and the production of necessary evidence in any hearing before it. Upon request of the respondent or of his or her counsel, the board shall petition the court to issue subpoenas in behalf of the respondent. The circuit court upon petition may issue such subpoenas as it deems necessary.
(c) Unless otherwise provided in this article, hearing procedures shall be promulgated in accordance with, and a person who feels aggrieved by a decision of the board may take an appeal pursuant to, the administrative procedures in this state as provided in chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 34. Board of Respiratory Care Practitioners › §30-34-15. Exceptions

(a) A person may not practice respiratory care or represent himself or herself to be a respiratory care practitioner unless he or she is licensed under this article except as otherwise provided by this article.
(b) This article does not prohibit:
(1) The practice of respiratory care which is an integral part of the program of study by students enrolled in respiratory care education programs accredited by organizations approved by the board. Students enrolled in respiratory care education programs shall be identified as "student RCP" and may only provide respiratory care under clinical supervision;
(2) Self-care by a patient, or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care practitioner;
(3) Respiratory care services rendered in the course of an emergency;
(4) Persons in the military services or working in federal facilities providing respiratory care services when functioning in the course of their assigned duties; or
(5) The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formalized or specialized training approved by the board.
(c) Nothing in this article is intended to limit, preclude or otherwise interfere with the practices of other persons and health care providers licensed by appropriate agencies of the state.
(d) Nothing in this article prohibits home medical equipment dealers from delivering and instructing persons in the operation of home medical respiratory equipment, or from receiving requests for changes in equipment and settings from physicians or other authorized individuals.
(e) An individual who passes an examination or successfully completes training that includes content in one or more of the functions included in this article is not prohibited from performing those procedures for which he or she was tested, so long as the testing body offering the examination or training is approved by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-1. License to Practice

(a) After June 30, 1997, anyone who represents or implies to the public by use of the title "dietitian" or "licensed dietitian" or any other title intended to convey the impression that he or she is authorized to practice dietetics in this state must be licensed pursuant to this article.
(b) No person may use any title, sign, card or other device which indicates that such person is a licensed dietitian unless expressly authorized and licensed pursuant to the provisions of this article: Provided, That a dietitian registered by the commission on dietetic registration may use the title of registered dietitian: Provided, however, That the requirements and provisions of this article do not apply to any person employed as a cook at any public or private educational institution in this state.
(c) Nothing in this article may be construed to affect individuals who furnish nutrition information on food, food materials or dietary supplements or who engage in explanation to customers about food, food materials or dietary supplements in connection with the marketing and distribution of those products, and who do not use the title "dietician" or "licensed dietician."
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-2. Definitions

As used in this article, the following terms have the meanings ascribed to them:
(a) "Board" means the West Virginia board of licensed dietitians;
(b) "Commission on dietetic registration" means the commission on dietetic registration that is a member of the national commission for health certifying agencies;
(c) "Fund" means the board of examiners for dietitians' administrative fund created pursuant to the provisions of section five of this article;
(d) "Licensed dietitian" means any person who has obtained a license to practice as a licensed dietitian from the West Virginia board of licensed dietitians;
(e) "Medical nutrition therapy" or "nutrition therapy" means nutritional diagnostic assessment and nutrition therapy services for the purpose of disease management; and
(f) "Registered dietitian" means a person registered by the commission on dietetic registration.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-2a. Scope of Practice

(a) The primary scope of practice of licensed dietitians is the provision of medical nutrition therapy. Licensed dietitians may also perform other nutrition-related services to promote the general health, well-being and the prevention of chronic diseases or conditions.
(b) Nothing in this article may be construed to prohibit or otherwise limit the practice of a profession by persons who are licensed, certified or registered under the laws of this state and who are performing services within their authorized scope of practice.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-3. Board of Licensed Dietitians

(a) There is continued the West Virginia board of licensed dietitians. The board consists of five members who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall make appointments from a list of not less than eight names submitted to the Governor by the West Virginia dietetic association. Each member of the board shall be a citizen of the United States and a resident of this state. Four members shall have experience as a registered or licensed dietitian for a minimum of three years preceding the date of appointment. One member of the board shall be a lay person who is not a registered or licensed dietitian and not subject to the practice requirements of this subsection.
(b) The Governor shall appoint members of the board for overlapping terms of four years: Provided, That each member shall serve no more than two consecutive four-year terms: Provided, however, That appointments to fill a vacancy may not be considered as one of two consecutive terms: Provided further, That terms in effect on the effective date of this section shall be considered as one of two consecutive terms.
(c) In the event a board member is unable to complete a term, the Governor shall appoint a person with similar qualifications to complete the unexpired term. Each vacancy occurring on the board shall be filled by appointment within sixty days after the vacancy is created.
(d) Each member of the board may receive compensation for attendance at official meetings not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law and may be reimbursed for actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties in a manner consistent with guidelines of the travel management office of the Department of Administration.
(e) Annually, the members shall elect a chair, vice chair and secretary. The chair shall preside over the meetings and hearings of the board. The vice chair shall assume the chair's duties in the absence of the chair. All meetings shall be general meetings for the consideration of any matter which may properly come before the board. A majority of the board constitutes a quorum for the transaction of business. The board shall meet at least once a year and at such other times and places as it may determine; and shall meet on the call of the chair. It is the duty of the chair to call a meeting of the board on the written request of three members of the board. The board shall keep an accurate record of all proceedings and maintain the board records. The board may employ personnel necessary to accomplish the performance of its duties: Provided, That the board may not expend more than it has available to it solely through the fees established in this article or as established in accordance with section six, article one of this chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-4. Powers and Duties of Board

(a) The board may, in its discretion, perform the following functions and duties, depending on the financial resources available to the board:
(1) Promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code to implement and effectuate the provisions of this article, including, but not limited to, legislative rules establishing the following:
(A) A code of professional ethics;
(B) Continuing education requirements and standards;
(C) Examination, licensure and renewal requirements of duly qualified applicants; and
(D) Procedures and guidelines for the suspension or revocation of a license.
(2) Adopt procedural and interpretive rules in accordance with the provisions of chapter twenty-nine-a of this code;
(3) Adopt an official seal;
(4) Conduct license examinations of duly qualified applicants;
(5) Issue and renew licenses and issue interim permits to duly qualified applicants;
(6) Impose and collect fees for the issuance and renewal of permits or licenses;
(7) Suspend, revoke and reinstate licenses;
(8) Conduct hearings on licensing issues and any other matter properly within the jurisdiction of the board;
(9) Maintain a record of all proceedings of the board; and
(10) Submit a biennial report to the Governor describing the activities of the board.
(b) The Legislature finds and declares that this board is intended to be fully self supported through the fee structure provided for in this article, and that the board shall not require any legislative appropriation beyond the revenues the board receives in fees. Accordingly, in the event the board has insufficient moneys to perform its duties under this article, the board shall prioritize its duties under this article so at all times to remain within the money available to it through the fees established in this article. The board created in this article has only discretionary duties.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-5. Fees; Special Revenue Account; Expenditures and Transfers

(a) All fees and other moneys collected by the board pursuant to the provisions of this article shall be deposited in an appropriated special revenue account designated the "board of examiners for licensed dietitians," which is hereby created in the State Treasury.
(b) All expenses incurred by the board shall be paid from the special fund provided in subsection (a) herein. No compensation or expense incurred pursuant to the provisions of this article may be charged against the General Revenue Funds of this state. Expenditures shall be made only in accordance with appropriation by the Legislature pursuant to the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions of article two, chapter five-a of this code. Expenditures from the special fund shall be for the purposes set forth in this article and are not authorized from collections: Provided, That for the fiscal year ending June 30, 1996, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.
(c) Amounts collected which are found from time to time to exceed the funds needed to effectuate the purposes set forth in this section may be transferred to other accounts or funds and redesignated for other purposes upon appropriation by the Legislature.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-6. Provisional Permits; Renewals; Fees

(a) The board may issue a provisional permit to engage in practice as a licensed dietitian to any person who has not met the experience requirements set forth in this article upon the filing of an application and submission of evidence of successful completion of the education requirements of this article. A provisional permit expires one year from the date of issuance. Renewals may be issued for a period not to exceed three years upon request by the applicant and submission of a satisfactory explanation for the applicant's failure to become licensed.
(b) The fee for a provisional permit or renewal is $50, which shall be submitted with the application. All fees collected shall be deposited to the credit of the fund provided in section five of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-7. Qualifications; Licensure; Examinations; Waivers and Fees

(a) An applicant for a license to engage in practice as a licensed dietitian shall submit to the board written evidence, verified by oath, that he or she:
(1) Complies with the code of ethics adopted by the board;
(2) Has completed a major course of study in human nutrition, dietetics, food systems management or the equivalent thereof and possesses a baccalaureate or post-baccalaureate degree; and
(3) Has completed a planned continuous professional experience component in dietetic practice of not less than nine hundred hours under the supervision of a registered or licensed dietitian.
(b) Each applicant is required to pass a written examination demonstrating competence in the discipline of dietetics and nutrition. Each written examination may be supplemented by an oral examination. The board shall determine the times and places for examinations.
(c) When an applicant successfully passes an examination or examinations, the board shall issue to the applicant a license to engage in practice as a licensed dietitian. In the event an applicant has failed to pass examinations on three occasions, the applicant shall, in addition to the other requirements of this section, present to the board other evidence of his or her qualifications that the board prescribes.
(d) Upon application and submission of the applicable fee, the board may waive the examination requirements of this section and issue a license to practice as a licensed dietitian to an applicant who is registered by the commission on dietetic registration or who has been duly licensed as a nutritionist or dietitian under the laws of another state if the standards for licensing in that state are no less stringent than those required under the provisions of this article.
(e) Any person applying for a dietitian license shall submit a fee of $50 or a reasonable fee established by legislative rule pursuant to section six, article one of this chapter with the application to the board, which shall be deposited to the credit of the fund provided in section five of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-8. Renewal of Licenses; Reinstatement; Fees; Penalties; Inactive Lists

(a) The license of every person licensed under the provisions of this article shall be annually renewed except as otherwise provided by this section. At such times as the board, in its discretion, may determine, the board shall mail a renewal application to every person whose license was initially granted or renewed during the previous calendar year. All persons seeking renewal shall submit a completed application and a $50 annual renewal fee or a reasonable renewal fee established by legislative rule pursuant to section six, article one of this chapter. Upon receipt of the application and fee, the board shall verify the accuracy of the application and, if it is accurate, issue to the applicant a certificate of renewal of the license for the current year. The certificate of renewal entitles its holder to practice dietetics for the period stated on the certificate of renewal.
(b) Any licensee who allows his or her license to lapse by failing to renew for a period not exceeding three years may be reinstated by the board upon receipt of a satisfactory explanation for the failure to renew his or her license and payment of the annual renewal fee plus a reinstatement fee of $25 or a reasonable reinstatement fee established by legislative rule pursuant to section six, article one of this chapter.
(c) Any person allowing his or her license to lapse for a period exceeding three years is required, to be reinstated as a licensed dietitian, to pass a written examination established by the board and to pay to the board a licensing fee of $50 or a reasonable licensing fee established by legislative rule pursuant to section six, article one of this chapter.
(d) Any person engaged in the practice of licensed dietetics during the time his or her license has lapsed is in violation of the provisions of this article and is subject to the penalties provided in section fourteen of this article.
(e) Any licensed dietitian who desires to retire from practice temporarily shall submit a written notice of the retirement to the board. Upon receipt of the notice the board shall place the name of that person upon the inactive list. Any person remaining on the inactive list may not engage in the practice of licensed dietetics in this state and is not subject to the payment of any renewal fees. Upon submission of an application for renewal of license and payment of the renewal fee for the current year, a licensed dietitian may resume active practice.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-9. Contents of License or Provisional Permit

Each license or provisional permit issued by the board shall bear a serial number, the full name of the applicant, the date of expiration of any such license, or the date of issuance and expiration of any such provisional permit and the seal of the board, and shall be signed by the secretary of the board. The licensee shall display the license in his or her place of business in view of the public.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-10. Denial, Revocation or Suspension of License; Grounds for Discipline

(a) The board may at any time upon its own motion, and shall upon the verified written complaint of any person, conduct an investigation to determine whether there are grounds for denial, suspension or revocation of a license issued pursuant to the provisions of this article.
(b) The board may deny, revoke or suspend any license to engage in the practice of licensed dietetics issued pursuant to the provisions of this article, or any application therefor, or may otherwise discipline a licensee or applicant upon proof that he or she:
(1) Is or was guilty of fraud or deceit in procuring or attempting to procure a license or renewal to practice as a licensed dietitian;
(2) Has been grossly negligent or exhibited unprofessional or unethical conduct in the practice as a licensed dietitian;
(3) Is habitually intemperate or is addicted to the use of alcohol or controlled substances;
(4) Is mentally incompetent; or
(5) Has willfully or repeatedly violated any of the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-11. Procedures for Hearing

(a) Whenever the board denies an application for any original or renewal license or denies an application for a license or suspends or revokes any license, it shall make an interim order to that effect and serve a copy thereof on the applicant or licensee by certified mail, return receipt requested. Such order shall state the grounds for the action taken and shall require that any license or temporary permit suspended or revoked thereby be returned to the board by the holder within twenty days after receipt of the copy of such order.
(b) Any person adversely affected by any such order is entitled to a hearing thereon pursuant to the provisions of article five, chapter twenty-nine-a of this code if, within twenty days after receipt of a copy of the order, he or she files with the board a written demand for such hearing. A demand for hearing shall operate automatically to stay or suspend the execution of any order. The board may require the person demanding such hearing to give reasonable security for the cost of the hearing. If such person does not substantially prevail at the hearing, the costs therefor shall be assessed against him or her and may be collected by civil action or other proper remedy.
(c) Upon a receipt of a written demand for a hearing, the board shall set a time and place therefor not less than ten and not more than thirty days thereafter. Any scheduled hearing may be continued by the board upon its own motion or for good cause shown by the person demanding the hearing.
(d) The provisions of article five, chapter twenty-nine-a of this code apply to and govern the hearing and administrative procedures in connection therewith.
(e) All administrative hearings shall be conducted by a quorum of the board. For the purpose of conducting any such hearing any member of the board may issue subpoenas and subpoenas duces tecum which shall be issued and served pursuant to the provisions of section one, article five, chapter twenty-nine-a of this code.
(f) At any hearing the person who demanded the same may represent himself or herself or be represented by an attorney admitted to practice in this state.
(g) After any such hearing and consideration of all testimony, evidence and record in the case, the board shall render its decision in writing. The written decision of the board shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code. A copy of such decision and accompanying findings and conclusions shall be served by certified mail, return receipt requested, upon the person demanding such hearing, and the attorney of record.
(h) The decision of the board is final unless reversed, vacated or modified upon judicial review thereof in accordance with the provisions of section twelve of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-12. Judicial Review

(a) Any applicant or licensee adversely affected by a decision of the board rendered after a hearing held pursuant to the provisions of section eleven of this article is entitled to judicial review thereof. All of the provisions of section four, article five, chapter twenty-nine-a of this code apply to, and govern, such review.
(b) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.