reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3F. Direct Primary Care Practice › §30-3F-3. Prohibited and Authorized Practices

(a) A direct medical care membership agreement is not insurance and is not subject to regulation by the Office of the Insurance Commission.
(b) A direct medical care provider or its agent is not required to obtain a certification of authority or license under chapter thirty-three to market, sell or offer to sell a direct care agreement.
(c) A direct medical care membership agreement is not a discount medical plan.
(d) A direct medical care membership agreement shall:
(1) Be in writing;
(2) Be signed by the medical care provider or agent of the medical care provider and the individual patient or his or her legal representative;
(3) Allow either party to terminate the agreement on at least 30 days prior written notice to the other party;
(4) Describe the scope of medical care services that are covered by the periodic fee;
(5) Specify the periodic fee and any additional fees outside of the periodic fee for ongoing care under the agreement;
(6) Specify the duration of the agreement and any automatic renewal periods. Any per-visit charges under the agreement will be less than the monthly equivalent of the periodic fee. The person is not required to pay more than twelve months of the fee in advance. Funds are not earned by the practice until the month of ongoing care is completed. Upon discontinuing the agreement all unearned funds are returned to the patient; and
(7) Prominently state in writing that the agreement is not health insurance.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-1. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice dentistry or dental hygiene in this state without a license, issued under the provisions of this article, or advertise or use any title or description tending to convey or give the impression that they are a dentist or dental hygienist, unless the person is licensed 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 dentistry, except through a licensee.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-5. Powers of the Board

The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law, including:
(1) Hold meetings;
(2) Establish procedures for submitting, approving and rejecting applications for a license, certificate and permit;
(3) Determine the qualifications of any applicant for a license, certificate and permit;
(4) Establish the fees charged under the provisions of this article;
(5) Issue, renew, deny, suspend, revoke or reinstate a license, certificate and permit;
(6) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license;
(7) Contract with third parties to administer the examinations required under the provisions of this article;
(8) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;
(9) Maintain an office and hire, discharge, establish the job requirements and fix the compensation of employees and contract with persons necessary to enforce the provisions of this article.
(10) Employ investigators, attorneys, hearing examiners, consultants and other employees as may be necessary who are exempt from the classified service and who serve at the will and pleasure of the board.
(11) Investigate alleged violations of the provisions of this article and articles four-a and four-b of this chapter and legislative rules, orders and final decisions of the board;
(12) Conduct disciplinary hearings of persons regulated by the board;
(13) Determine disciplinary action and issue orders;
(14) Institute appropriate legal action for the enforcement of the provisions of this article;
(15) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(16) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(17) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article;
(18) Sue and be sued in its official name as an agency of this state; and
(19) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-6. Rule-Making 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 and articles four-a and four-b of this chapter including:
(1) Standards and requirements for licenses, certifications and permits;
(2) Requirements for third parties to prepare and/or administer examinations and reexaminations;
(3) Educational and experience requirements;
(4) Continuing education requirements and approval of continuing education courses;
(5) Procedures for the issuance and renewal of licenses, certifications and permits;
(6) Establish a fee schedule;
(7) Regulate dental specialities;
(8) Delegate procedures to be performed by a dental hygienist;
(9) Delegate procedures to be performed by a dental assistant;
(10) Designate the services and procedures performed under direct supervision, general supervision in public health practice;
(11) Designate additional public health settings;
(12) Regulate the use of firm or trade names;
(13) Regulate dental corporations;
(14) Regulate mobile dental facilities;
(15) Regulate portable dental units;
(16) Regulate professional limited liability companies;
(17) Establish professional conduct requirements;
(18) Establish the procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees, certifications and permitees;
(19) Standards and requirements for agreements with organizations to form professional recovery networks;
(20) Establish an alcohol and chemical dependency treatment program, including standards and requirements;
(21) Establish requirements for inactive or revoked licenses, certifications and permits;
(22) Regulate dental anesthesia, including:
(A) Fees;
(B) Evaluations;
(C) Equipment;
(D) Emergency drugs;
(E) Definitions;
(F) Qualified monitor requirements; and
(G) Education;
(23) Any other rules necessary to implement this article.
(b) All of the board's rules in effect and not in conflict with these provisions shall remain in effect until they are amended or rescinded.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-7. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the Board of Dentists and Dental Hygienist Special Fund, which is continued and shall be known as the Board of Dentistry Special Fund. The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(b) Any amounts received as administrative fines imposed pursuant to this article shall be deposited into the general revenue fund of the State Treasury.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-8. License to Practice Dentistry

(a) The board shall issue a license to practice dentistry to an applicant who meets the following:
(1) Is at least 18 years of age;
(2) Does not have any criminal convictions which would bar the applicants licensure pursuant to 30-1-24 of this code;
(3) Is a graduate of and has a diploma from a school accredited by the Commission on Dental Accreditation or equivalently approved dental college, school, or dental department of a university as determined by the board;
(4) Has passed a national board examination as given by the Joint Commission on National Dental Examinations and a clinical examination administered by the Commission on Dental Competency Assessments, the Central Regional Dental Testing Service, the Council of Interstate Testing Agencies, the Southern Regional Testing Agency, or the Western Regional Examining Board, or the successor to any of those entities, which demonstrates competency, and passed each individual component with no compensatory scoring in:
(A) Endodontics, including access opening of a posterior tooth and access, canal instrumentation, and obturation of an anterior tooth;
(B) Fixed prosthodontics, including an anterior crown preparation and two posterior crown preparations involving a fixed partial denture factor;
(C) Periodontics, including scaling and root planing; and
(D) Restorative, including a class II amalgam or composite preparation and restoration and a class III composite preparation and restoration.
(E) The board may consider clinical examinations taken prior to July 1, 2019, or individual state clinical examinations as equivalent which demonstrates competency.
(5) Has not been found guilty of cheating, deception, or fraud in the examination or any part of the application;
(6) Has paid the application fee specified by rule;
(7) Not be an alcohol or drug abuser, as these terms are defined in 27-1A-11 of this code:
Provided
, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a 12-step program or other similar group or process, may be considered; and
(8) Meets the other requirements specified by rule.
(b) A dentist may not represent to the public that he or she is a specialist in any branch of dentistry or limit his or her practice to any branch of dentistry unless first issued a certificate of qualification in that branch of dentistry by the board.
(c) A license to practice dentistry issued by the board shall for all purposes be considered a license issued under this section:
Provided
, That a person holding a license shall renew the license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-9. Scope of Practice of a Dentist

The practice of dentistry includes the following:
(1) Coordinate dental services to meet the oral health needs of the patient;
(2) Examine, evaluate and diagnose diseases, disorders and conditions of the oral cavity, maxillofacial area and adjacent and associated structures;
(3) Treat diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures;
(4) Provide services to prevent diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures;
(5) Fabricate, repair or alter a dental prosthesis;
(6) Administer anesthesia in accordance with the provisions of article four-a of this chapter;
(7) Prescribe drugs necessary for the practice of dentistry;
(8) Execute and sign a death certificate when it is required in the practice of dentistry;
(9) Employ and supervise dental auxiliary personnel;
(10) Authorize delegated procedures to be performed by dental auxiliary personnel; and
(11) Perform any other work included in the curriculum of an approved dental school, college or dental department of a university.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-10. License to Practice Dental Hygiene

(a) The board shall issue a dental hygienist license to an applicant who meets the following requirements:
(1) Is at least 18 years of age;
(2) Does not have any criminal convictions which would bar the applicants licensure pursuant to 30-1-24 of this code;
(3) Is a graduate with a degree in dental hygiene from an approved dental hygiene program of a college, school, or dental department of a university;
(4) Has passed a national board examination as given by the Joint Commission on National Dental Examinations and passed a board-approved examination designed to determine the applicants level of clinical skills;
(5) Has not been found guilty of cheating, deception, or fraud in the examination or any part of the application;
(6) Has paid the application fee specified by rule;
(7) Is not an alcohol or drug abuser, as those terms are defined in 27-1A-11 of this code:
Provided
, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a 12-step program or other similar group or process, may be considered; and
(8) Meets the other requirements specified by rule.
(b) A dental hygienist license issued by the board and in good standing on the effective date of the amendments to this section shall for all purposes be considered a dental hygienist license issued under this section:
Provided
, That a person holding a dental hygienist license shall renew the license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-11. Scope of Practice for a Dental Hygienist

The practice of dental hygiene includes the following:
(1) Perform a complete prophylaxis, including the removal of any deposit, accretion or stain from supra and subgingival, the surface of a tooth or a restoration;
(2) Apply a medicinal agent to a tooth for a prophylactic purpose;
(3) Take a radiograph for interpretation by a dentist;
(4) Instruct a patient on proper oral hygiene practice;
(5) Place sealants on a patient's teeth without a prior examination by a licensed dentist: Provided, That for this subdivision, the dental hygienist has a public health practice permit issued by the board, and subject to a collaborative agreement with a supervising dentist and the patient is referred for a dental examination within six months of sealant application;
(6) Perform all delegated procedures of a dental hygienist specified by rule by the board; and
(7) Performing all delegated procedures of a dental assistant specified by rule by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-12. License Renewal

(a) All persons regulated by this article shall annually or biannually, renew his or her board authorization by completing a form prescribed by the board and submitting any other information required by the board.
(b) The board shall charge a fee for each renewal of a board authorization and shall charge a late fee for any renewal not paid by the due date.
(c) The board shall require as a condition of renewal that each licensee, certificate holder or permittee complete continuing education.
(d) The board may deny an application for renewal for any reason which would justify the denial of an original application.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-13. Board Authorizations Shall Be Displayed

(a) The board shall prescribe the form for a board authorization, and may issue a duplicate upon payment of a fee.
(b) Any person regulated by this article shall conspicuously display his or her board authorization at his or her principal place of practice.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-14. Dental Intern, Resident, or Teaching Permit

(a) The board may issue a dental intern or dental resident permit to an applicant who has been accepted as a dental intern or dental resident by a licensed hospital or dental school in this state which maintains an established dental department under the supervision of a licensed dentist and meets the following qualifications:
(1) Has graduated from a Commission on Dental Accreditation or equivalent approved dental college, school or dental department of a university with a degree in dentistry;
(2) Has paid the application fee specified by rule; and
(3) Meets the other qualifications specified by rule.
(b) The dental intern or dental resident permit may be renewed and expires on the earlier of:
(1) The date the permit holder ceases to be a dental intern or dental resident; or
(2) One year after the date of issue.
(c) The board may issue a teaching permit to an applicant who is not otherwise licensed to practice dentistry in this state and who meets the following conditions:
(1) Is authorized or is eligible, as determined by the board, for a authorization to practice dentistry in another jurisdiction;
(2) Has met or been approved under the credentialing standards of a dental school or an academic medical center with which the person is to be affiliated: Provided, That the dental school or academic medical center is accredited by the Commission on Dental Accreditation or Joint Commission on Accreditation of Health Care Organizations;
(3) The permittee may teach and practice dentistry in or on behalf of a dental school or college offering a doctoral degree in dentistry operated and conducted in this state, in connection with an academic medical center or at any teaching hospital adjacent to a dental school or an academic medical center;
(4) Shall successfully complete the West Virginia Dental Law Examination;
(5) Shall pay annual renewal fees to the board;
(6) Shall comply with continuing education requirements; and
(7) Has had no disciplinary actions taken or pending against him or her by any other jurisdiction.
(d) A teaching permit may be renewed annually with a written recommendation from the dental school dean.
(e) While in effect, a permittee is subject to the restrictions and requirements imposed by this article to the same extent as a licensee. In addition, a permittee may not receive any fee for service other than a salary paid by the hospital or dental school.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-16. Dental Corporations and Professional Limited Liability Companies

(a) Dental corporations and professional limited liability companies are continued.
(b) One or more dentists licensed by the board may organize and become a shareholder or shareholders of a dental corporation, or member or members of a professional limited liability company, domiciled within this state under the terms and conditions and subject to the limitations and restrictions specified by rule.
(c) No corporation or professional limited liability company may practice dentistry, or any of its branches, or hold itself out as being capable of doing so without a certificate of authorization from the board.
(d) When the Secretary of State receives a certificate of authorization to act as a dental corporation or professional limited liability company from the board, he or she shall attach the authorization to the corporation application and, upon compliance with the applicable provisions of Chapter 31 or Chapter 31B of this code, the Secretary of State shall issue to the incorporators a certificate of incorporation for the dental corporation or to the organizers a certificate of organization for the professional limited liability company.
(e) A corporation or professional limited liability company holding a certificate of authorization shall renew annually, on or before June 30, on a form prescribed by the board and pay an annual fee in an amount specified by rule.
(f) A dental corporation or professional limited liability company may practice dentistry only through one or more dentists licensed to practice dentistry in this state, but the dentist or dentists may be employees rather than shareholders or members of the corporation or company.
(g) A dental corporation holding a certificate of authorization shall cease to engage in the practice of dentistry upon being notified by the board that any of its shareholders is no longer a licensed dentist or when any shares of the corporation have been sold or disposed of to a person who is not a licensed dentist:
Provided
, That the personal representative of a deceased shareholder has a period, not to exceed twenty-four months from the date of the shareholders death, to dispose of the shares; but nothing contained herein may be construed as affecting the existence of the corporation or its right to continue to operate for all lawful purposes other than the practice of dentistry.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-17. Reinstatement

(a) A licensee against whom disciplinary action has been taken under the provisions of this article shall be afforded an opportunity to demonstrate the qualifications to resume practice. The application for reinstatement shall be in writing and subject to the procedures specified by the board by rule.
(b) A licensee who does not complete annual renewal, as specified herein and by the board by rule, and whose license has lapsed for one year or longer, shall make application for reinstatement as specified by the board by rule.
(c) The board, at its discretion and for cause, may require an applicant for reinstatement to undergo a physical and/or mental evaluation, at his or her expense, to determine whether the applicant is competent to practice dentistry or dental hygiene.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-18. Actions to Enjoin Violations

(a) If the board obtains information that any person has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of this article, the rules promulgated pursuant to this article or a final order or decision of the board, it may issue a notice to the person to cease and desist in engaging in the act and/or apply to the circuit court in the county of the alleged violation for an order enjoining the act.
(b) The circuit court may issue a temporary injunction pending a decision on the merits and may issue a permanent injunction based on its findings in the case.
(c) The judgment of the circuit court on an application permitted by the provisions of this section is final unless reversed, vacated or modified on appeal to the West Virginia Supreme Court of Appeals.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-20. Procedures for Hearing; Right of Appeal

(a) Hearings are governed by the provisions of 30-1-8 of this code and the legislative rules promulgated pursuant to this article.
(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, at the conclusion of the hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member of the board or the executive director of the board has the authority to administer oaths and to examine any person under oath.
(e) If, after a hearing, the board determines the licensee or permittee has violated one or more provisions of this article or the boards rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law, and a specific description of the disciplinary actions imposed.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-21. Judicial Review

A person adversely affected by a decision of the board denying an application or entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code and may appeal any ruling resulting from judicial review in accordance with article six of said chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-22. Criminal Offenses

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person has committed a criminal offense in violation of this article, the board may bring such information to the attention of an appropriate law-enforcement official.
(b) Any person who practices dentistry or dental hygiene in this state and (1) has never been licensed by the board under this article, (2) holds a license that has been classified by the board as expired or lapsed, or (3) holds a license that has been inactive, revoked, or suspended as a result of disciplinary action, or surrendered to the board, is guilty of a felony and, upon conviction, shall be fined not more than $10,000 or imprisoned in a correctional facility for not less than one year nor more than five years, or both fined and imprisoned.
(c) Any person who holds himself or herself out as licensed to practice dentistry or dental hygiene in this State, or who uses any title, word, or abbreviation to indicate to or induce others to believe he or she is licensed to practice dentistry or dental hygiene in this State, and (1) has never been licensed by the board under this article, (2) holds a license that has been classified by the board as expired or lapsed, or (3) holds a license that has been inactive, revoked, or suspended as a result of disciplinary action, or surrendered to the board, is guilty of a misdemeanor and, upon conviction, shall be fined not more than $5,000 or confined in jail not more than twelve months, or both fined and confined.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-23. Single Act Evidence of Practice

In any action brought under this article, or under 30-4A-1
et seq
. or 30-4B-1
et seq
. of this code evidence of the commission of a single act prohibited by said article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-24. Inapplicability of Article

The provisions of this article do not apply to:
(1) A licensed physician or surgeon in the practice of his or her profession when rendering dental relief in emergency cases, unless he or she undertakes to reproduce or reproduces lost parts of the human teeth or to restore or replace lost or missing teeth in the human mouth;
(2) A dental laboratory in the performance of dental laboratory services, while the dental laboratory, in the performance of the work, conforms in all respects to the requirements of article four-b of this chapter, and further does not apply to persons performing dental laboratory services under the direct supervision of a licensed dentist;
(3) A student enrolled in an accredited D.D.S. or D.M.D. degree program or an accredited dental hygiene program practicing under the direct supervision of an instructor licensed by the board and (A) within a school, college, or university in this State; (B) in a dental clinic operated by a nonprofit organization providing indigent care; (C) in governmental or indigent care clinics in which the student is assigned to practice during his or her final academic year rotations; or (D) in a private dental office for a limited time during the students final academic year:
Provided
, That the supervising dentist holds appointment on the faculty of the school in which the student is enrolled;
(4) An authorized dentist of another state temporarily operating a clinic under the auspices of an organized and reputable dental college or reputable dental society, or to one lecturing before a reputable society composed exclusively of dentists; or
(5) A dentist whose practice is confined exclusively to the service of the United States Army, the United States Navy, the United States Air Force, The United States Coast Guard, the United States Public Health Service, the United States Veterans Bureau or any other authorized United States government agency or bureau.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4. West Virginia Dental Practice Act › §30-4-25. Declared Public Health Emergencies

During a declared public health emergency, dentists and dental hygienists with a local anesthesia certificate, may administer vaccines, perform FDA-authorized diagnostic tests to screen patients for infectious diseases, triage medical patients, and perform other ancillary medical procedures and activities as requested by medical personnel.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-1. Requirement for Anesthesia Permit; Qualifications and Requirements for Qualified Monitors

(a) No dentist may induce central nervous system anesthesia without first having obtained an anesthesia permit for the level of anesthesia being induced.
(b) The applicant for an anesthesia permit shall pay the appropriate permit fees and renewal fees, submit a completed board-approved application and consent to an office evaluation.
(c) Permits shall be renewed annually by June 30.
(d) Permit holders shall report the names and qualifications of each qualified monitor providing services to that permit holder. A qualified monitor may not perform the functions and responsibilities specified in this article for any level of anesthesia, other than relative analgesia/minimal sedation, without certification by the board. Qualified monitors shall apply for certification and pay the appropriate application fees and renewal fees. Qualified monitors are required to renew annually by the June 30. To be certified as a qualified monitor, the applicant must meet the following minimum qualifications:
(1) Possess a current health care provider BLS/CPR certification;
(2) For monitoring, conscious sedation/moderate sedation or general anesthesia/deep conscious sedation procedures, successful completion of an AAOMS or AAPD anesthesia assistants certification program; and
(3) For monitoring a nitrous oxide unit, successful completion of a board-approved course in nitrous oxide monitoring.
(e) A dentist shall hold a class permit equivalent to or exceeding the anesthesia level being provided unless the provider of anesthesia is a physician anesthesiologist or another licensed dentist who holds a current anesthesia permit issued by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-2. Presumption of Degree of Central Nervous System Depression

(a) In any hearing where a question exists as to the level of central nervous system depression a licensee has induced, as outlined in this article, the board may base its findings on, among other things, the types, dosages and routes of administration of drugs administered to the patient and what result can reasonably be expected from those drugs in those dosages and routes administered in a patient of that physical and psychological status.
(b) No permit holder may have more than one person under conscious sedation/moderate sedation and/or general anesthesia/deep conscious sedation at the same time, exclusive of recovery.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-3. Classes of Anesthesia Permits

(a) The board shall issue the following permits:
(1) Class 2 Permit: A Class 2 Permit authorizes a dentist to induce anxiolysis/minimal sedation.
(2) Class 3 Permit: A Class 3 Permit authorizes a dentist to induce conscious sedation/moderate sedation as limited enteral (3a) and/or comprehensive parenteral (3b) and anxiolysis/minimal sedation.
(3) Class 4 Permit: A Class 4 Permit authorizes a dentist to induce general anesthesia/deep conscious sedation, conscious sedation/moderate sedation and anxiolysis/minimal sedation.
(b) When anesthesia services are provided in dental facilities by a medical doctor or doctor of osteopathy physician anesthesiologist or dentist anesthesiologist, the dental facility shall be inspected and approved for a Class 4 permit and the dentist shall have a minimum of a Class 2 permit. If anesthesia services are provided by a CRNA, the dental facility shall be inspected and approved for a Class 4 permit and the supervising dentist shall have the same level of permit for the level of anesthesia provided by the CRNA.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-8. Board to Review, Inspect and Reinspect Dentists for Issuance of Permits

(a) By making application to the board for an anesthesia permit, a dentist consents and authorizes the board to review his or her credentials, inspect or reinspect his or her facilities and investigate any alleged anesthesia mortalities, misadventure or other adverse occurrences. The board shall conduct an in-office review or on-site inspection of any dentist applying for or holding a permit to administer anesthesia.
Prior to issuing a permit, the board shall conduct an on-site inspection of facility, equipment and auxiliary personnel of the applicant to determine if, in fact, all the requirements for the permit have been met. This inspection or evaluation, if required, shall be carried out by at least two members of the subcommittee. This evaluation is to be carried out in a manner following the principles, but not necessarily the procedures, set forth by the current edition of the AAOMS Office Anesthesia Evaluation Manual. On-site inspections are required and shall be performed for all Class 3a, 3b and 4 permitees. The board may reinspect annually, at its discretion, but shall perform an on-site inspection for all permit holders at least once every five years except Class 2 permit holders. The board reserves the right to conduct an on-site inspection whenever it deems necessary for all permit holders. All on-site inspections shall be held during regular business hours.
(b) Cancellation or failure to appear or be present for a scheduled evaluation by a permit holder, for an unexplained or unexcusable reason, shall be assessed a penalty fee two times the permit holders normal annual renewal fee. The penalty fee shall be separate from the annual renewal fees.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-9. Office Evaluations

(a) The in-office evaluation shall include:
(1) Observation of one or more cases of anesthesia to determine the appropriateness of technique and adequacy of patient evaluation and care;
(2) Inspection of facilities, which shall include but not be limited to, the inspection of equipment, drugs and patient records and qualified monitor's certifications and documentation; and
(3) The evaluation shall be performed by a team appointed by the board and shall include a member of the subcommittee who holds a current anesthesia permit in the same class or in a higher class than that held by the permit holder being evaluated.
(4) Class 2 permit holders may be audited periodically as determined by the committee; and
(5) Class 3 and 4 permit holders shall be evaluated once every five years.
(b) A dentist utilizing a licensed dentist who holds a current anesthesia permit issued by the board shall have his or her office inspected to the level of a Class 4 permit as specified by section twelve of this article. The office is only approved at that level when the anesthesia permit holder is present and shall have the number of qualified monitors present as required by this article.
(c) In addition to the requirements of this article, a treating dentist who applies for a certificate to allow a CRNA to administer anesthesia and sedation to a patient shall maintain a permit as follows:
(1) A treating dentist who allows a CRNA to administer limited enteral sedation to a patient shall maintain a Class 3a permit for themselves and the administration site shall be inspected to a Class 4 permit level;
(2) A treating dentist who allows a CRNA to administer comprehensive parenteral sedation to a patient shall maintain a Class 3b permit for themselves and the administration site shall be inspected to a Class 4 permit level; and
(3) A treating dentist who allows a CRNA to administer general anesthesia/deep conscious sedation to a patient shall maintain a Class 4 permit for themselves and the administration site shall be inspected to a Class 4 permit level.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-10. Reporting of Death, Serious Complications or Injury

If a death, any serious complication or any injury occurs which may have resulted from the administration of general anesthesia/deep conscious sedation, conscious sedation/moderate sedation, anxiolysis/minimal sedation, or relative analgesia/minimal sedation, the licensee performing the dental procedure shall submit a written detailed report to the board within seventy-two hours of the incident along with copies of the patient's original complete dental records. If the anesthetic agent was administered by a person other than the person performing the dental procedure, that person shall also submit a detailed written report. The detailed report(s) shall include:
(1) Name, age and address of patient;
(2) Name of the licensee and other persons present during the incident along with their names and addresses;
(3) Address where the incident took place;
(4) Type of anesthesia and dosages of drugs administered to the patient including local anesthesia;
(5) A narrative description of the incident including approximate times and evolution of symptoms; and
(6) The anesthesia record and the signed informed consent form for the anesthesia.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-11. Immunity From Liability

(a) Notwithstanding any other provision of law, no person providing information to the board or to the subcommittee may be held, by reason of having provided the information, to be civilly liable under any law unless the information was false and the person providing information knew or had reason to believe the such information was false.
(b) No member or employee of the board or the subcommittee may be held by reason of the performance by him or her of any duty, function or activity authorized or required of the board or the subcommittee to be civilly liable. The foregoing provisions of this subsection do not apply with respect to any action taken by any individual if the individual, in taking the action, was motivated by malice toward any person affected by the action.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-12. Facility Inspections

(a) The board shall perform an onsite evaluation of Class 3 and 4 applicants dental facilities, equipment, techniques and personnel prior to issuing a permit. The board may conduct further on-site evaluations.
(b) The board may inspect Class 2 applicants facilities.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-13. Issuance of Regular Annual Permits

Upon the recommendation of the subcommittee, the board shall issue permits to applicable dentists. An anesthesia permit shall be renewed annually: Provided, That the permittee meets the requirements of this article and has not been subject to disciplinary action prohibiting issuance of the permit.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-14. Waiting Period for Reapplication or Reinspection of Facilities

A dentist whose application has been denied for failure to satisfy the requirements in the application procedure or the on-site evaluation shall wait thirty days from the date of the denial prior to reapplying and shall submit to another on-site evaluation prior to receiving a permit. The board and the subcommittee shall promptly reinspect the applicant dentist's facilities, techniques, equipment and personnel within ninety days after the applicant has made reapplication.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-15. Application and Annual Renewal of Regular Permits; Fees

The board shall require an initial application fee and an annual renewal fee for Class 2, Class 3 and 4 Permits. Permits expire annually. The board shall renew permits for the use of anesthesia after the permittee satisfies the application for renewal.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-16. Violations of Article; Penalties for Practicing Anesthesia Without a Permit

Violations of any of the provisions of this article, whether intentional or unintentional, may result in the revocation or suspension of the dentist's permit to administer anesthesia; multiple or repeated violations or gross infractions, such as practicing anesthesia without a valid permit may result in suspension of the dentist's license to practice dentistry for up to one year as well as other disciplinary measures as deemed appropriate by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4A. Administration of Anesthesia by Dentists › §30-4A-17. Appointment of Subcommittee; Credentials Review; and On-Site Inspections

(a) The board shall appoint a subcommittee to carry out the review and on-site inspection of any dentist applying for or renewing a permit under this article.
(b) The subcommittee shall make a recommendation for issuing or revoking a permit under this article.
(c) This subcommittee shall be known as the West Virginia Board of Dentistry Subcommittee on Anesthesia. The subcommittee shall, at a minimum, consist of one member of the board who shall act as chairman of the subcommittee and two members holding a Class 4 permit and two members holding a Class 3 permit.
(d) The subcommittee shall adopt policies and procedures related to the regulation of general anesthesia/deep conscious sedation, conscious sedation/moderate sedation, anxiolysis/minimal sedation, and relative analgesia/minimal sedation with the same being approved by the board. The subcommittee members shall be paid and reimbursed expenses pursuant to article one of this chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4B. Dental Laboratory Services › §30-4B-1. Unlawful Acts

(a) It is unlawful for any person, other than a dentist or other dental practitioner, to sell, offer for sale or furnish any dental prosthesis or other dental laboratory service to any person who is not a dentist or other dental practitioner.
(b) It is unlawful for any person to perform dental laboratory services without a work authorization: Provided, That this subsection does not apply to a dentist or other dental practitioner, or to their employees working under their direct supervision, performing dental laboratory services as a part of their own dental practice and for their own dental patients.
(c) It is unlawful for any dental laboratory to perform any dental laboratory service without the issuance of a work authorization by a dentist or other dental practitioner.
(d) It is unlawful for any dental laboratory or dentist who fabricates a full upper or full lower set of prosthetic dentures not to affix upon the dentures, in a nonremovable manner, the name of the patient, the initials of the dentist's state of practice and license identification.
(e) It is unlawful for any dental laboratory either directly or indirectly:
(1) To advertise that it is engaged in the business of performing dental laboratory services;
(2) To advertise it performs dental laboratory services for members of the public;
(3) To advertise a price for the performance of dental laboratory services; or
(4) To advertise techniques used or materials employed by it in the performance of dental laboratory services: Provided, That this subsection does not prevent dental laboratories from advertising in dental journals or in other professional dental publications or from communicating directly to a dentist and other dental practitioner or from listing the dental laboratory in business and telephone directories if the business and telephone directory announcements are limited to name, address and telephone number and do not occupy more than the number of lines necessary to disclose the information, or from displaying the trade name and address of the dental laboratory on the door of its place of business or on name plates or door plates exhibited on the interior or exterior of the place of business.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4B. Dental Laboratory Services › §30-4B-2. Work Authorization Required; Contents; Retention

(a) No dental laboratory technician may perform any dental laboratory service without the issuance of a work authorization by a dentist or other dental practitioner.
(b) Each work authorization shall contain:
(1) The name and address of the dental laboratory to which it is directed;
(2) The case identification;
(3) A specification of the materials to be used;
(4) A description of the work to be done and, if necessary, diagrams thereof;
(5) The date of issue; and
(6) The signature and address of the dentist or other dental practitioner issuing the work authorization.
(c)A separate work authorization shall be issued for each patient of the dentist or other dental practitioner for whom a dental laboratory service is to be performed.
(d) Every work authorization shall be made in duplicate with the original being delivered to the dental laboratory to which it is directed and the copy being retained in the office of the issuing dentist or other dental practitioner. A work authorization shall be saved for a period of two years from its date of issue.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 4B. Dental Laboratory Services › §30-4B-3. Denture Identification

A dental laboratory or a dentist who engages in dental laboratory services and who fabricates any full upper or full lower set of prosthetic dentures shall affix upon the dentures, in a nonremovable manner, the name of the patient for whom the dentures are made and the initials of the dentist's state of practice and license identification number.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 5. Pharmacists, Pharmacy Technicians, Pharmacy Interns and Pharmacies › §30-5-2. Unlawful Acts

(a) It is unlawful for any person in this state to practice or offer to practice pharmacist care without a license pursuant to the provisions of this article; or to practice or offer to assist in the practice of pharmacist care without being registered pursuant to the provisions of this article. Further, it is unlawful to advertise or use any title or description tending to convey or give the impression that he or she is a pharmacist or pharmacy technician, unless the person is licensed or registered 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 pharmacist care, except through a licensee.
(c) It is unlawful for the proprietor of a pharmacy or a ambulatory health care facility to permit a person, who is not a licensed pharmacist, to practice pharmacist care: Provided, That a charitable clinic pharmacy may permit a licensed prescribing practitioner to act in place of the pharmacist when no pharmacist is present in the charitable clinic.