reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-12. Licenses or Equivalent From Another State; License or Certificate to Practice in This State

The board may issue a license to practice embalming and funeral directing or a certificate to be a crematory operator to an applicant of good moral character who holds a valid license or its equivalent to practice from another state if the applicant demonstrates that:
(1) He or she holds a license or its equivalent to practice in another state which was granted after completion of educational requirements substantially equivalent to those required in this state;
(2) He or she holds a license or its equivalent to practice in another state which was granted after passing, in that or another state, an examination that is substantially equivalent to the examination required in this state;
(3) Reciprocal rights are provided by such other state to holders of funeral director's or embalmer's licenses granted in this state. Such reciprocal licenses may be renewed biennially upon payment of the renewal license fee;
(4) He or she is not currently being investigated by a disciplinary authority of another state, does not have charges pending against his or her license or something equivalent to practice and has never had a license or something equivalent to practice revoked;
(5) He or she has not previously failed an examination for licensure as an embalmer or funeral director in this state;
(6) He or she has paid the application fee specified by rule; and
(7) Has completed such other action as required by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-13. Courtesy Cards

(a) The board may issue biennial courtesy cards, on July 1, to licensed funeral directors and licensed embalmers in the states bordering on West Virginia, after the:
(1) Application for a courtesy card is made on a form prescribed by the board;
(2) Payment of a fee; and
(3) Adherence to such other requirements as specified by the board.
(b) A courtesy card may be issued under the following conditions:
(1) Holders of courtesy cards shall not be permitted to open or operate a place of business for the purpose of conducting funerals, embalming bodies or cremating in the State of West Virginia; and
(2) Holders of courtesy cards shall not be permitted to maintain an office or agency in this state for the purpose of conducting funerals, embalming bodies or cremating in the State of West Virginia.
(c) A violation of this section shall be sufficient cause for the board to immediately revoke or cancel the courtesy card of the violator.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-14. License and Certificate Renewal; Conditions of Renewal

(a) The board shall biennially on July 1, and pursuant to a staggered schedule, renew a license to practice embalming and funeral directing or a certificate to be a crematory operator to every licensee or certificate holder desiring to continue in active practice or service.
(b) The board shall charge a fee for each renewal and a late fee for nonrenewal of a license or certificate.
(c) The board shall require as a condition for the renewal of a license to practice embalming and funeral directing or a certificate to be a crematory operator that each licensee participate in continuing education: Provided, That any licensed embalmer or funeral director sixty-five years or older with at least ten years experience as a licensed embalmer or licensed funeral director, is entitled to be issued, after payment of a fee, a license as an embalmer emeritus or funeral director emeritus and is exempt from all continuing education requirements. The emeritus license shall entitle the holder to all the rights and privileges of the license previously held by the licensee.
(d) Any person licensed to practice embalming and funeral directing or certified to be a crematory operator who does not desire to continue in active practice shall notify the board, in a manner specified by the board, and pay a fee, and shall, during such period, be listed by the board as being inactive. At such time a person desires to return to active practice, he or she must notify the board, in a manner specified by the board, and complete all the continuing education requirements.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-15. Continuing Education

(a) Hours of continuing education may be obtained by attending and participating in board-approved programs, meetings, seminars, or activities. It is the responsibility of each licensee to finance his or her costs of continuing education.
(b) Compliance with the requirements of continuing education, as specified by the board, is a prerequisite for license renewal.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-16. Inspector and Inspection Requirements

(a) All inspectors employed by the board to inspect funeral establishments and crematories, pursuant to the provisions of this article, shall have a West Virginia embalmers license and a West Virginia funeral directors license.
(b) Each inspector shall inspect a specific region, as designated by the board. Any person being employed as an inspector is prohibited from inspecting in the region in which he or she practices. If there is only one inspector, a board member, who is not from the region where the inspector practices, is authorized to inspect the facilities in the region where the inspector practices.
(c) All inspections shall be conducted in a manner so as not to interfere with the conduct of business within the funeral establishment or crematory. The board has the authority to enter, at all reasonable hours, for the purpose of inspecting the premises in which the business of embalming, funeral directing, or cremating is conducted.
(d) All of an inspectors expenses, per diem, and compensation shall be paid out of the receipts of the board, but the allowances shall at no time exceed the receipts of the board.
(e) The board is authorized to set fees for inspections:
Provided
, That there shall be no fee for a biennial inspection, based on the funeral establishments renewal date.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-17. Apprenticeship

(a) After July 1, 2022, the board shall issue a registration to be an apprentice funeral service licensee to an applicant who meets the following requirements:
(1) Is free of a felony conviction bearing a rational nexus to the profession pursuant to 30-1-24 of this code;
(2) Is 18 years of age or over;
(3) Is a citizen of the United States or be eligible for employment in the United States;
(4) Has a high school diploma or its equivalent;
(5) The required 60 semester hours or 90 quarter hours of college or university credits and mortuary school can be completed prior to, during, or after the apprenticeship; and
(6) Has paid the appropriate fees.
(b) Any person that commences an apprenticeship prior to January 1, 2003, may continue to serve such apprenticeship and is not subject to the requirements set forth in this section, but is subject to board approval.
(c) The board may set the requirements for an apprenticeship, including the manner in which it shall be served and the length of time, which shall not be more than one year for a funeral service licensee and shall not be more than two years for a funeral director.
(d) No licensed funeral director or licensed embalmer shall be permitted to register or have registered more than five apprentices under his or her license at the same time.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-19. Funeral Establishment to Be Managed by a Licensee in Charge; License Displayed

(a) Every separate funeral establishment in this state offering the services set forth in this article shall be operated under the supervision and management of a licensee in charge who is licensed as a funeral director in this state who shall hold an active:
(1) Funeral Service licensees license in the State of West Virginia;
(2) Embalmers license in the State of West Virginia;
(3) Crematory Operator certificate in the State of West Virginia; and
(4) Pre-Need license in the State of West Virginia.
(b) Each separate funeral establishment in this state offering the services set forth in this article shall have its own license, which license shall be prominently displayed within the funeral establishment.
(c) All funeral establishments shall display in all advertising the name of the licensee in charge of the establishment.
(d) All funeral establishments shall prominently display within the funeral establishment the license of the licensee in charge.
(e) A licensee in charge shall supervise each separate establishment.
(f) Effective July 1, 2022, the board shall allow up to two years to complete the requirements under this section for the licensee in charge.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-21. Requirements for Cremating

(a) A crematory shall obtain written permission prior to cremating a dead human body. The written permission shall be obtained from persons authorized by the board as specified in rules.
(b) The written permission shall be on a standard form, prescribed by the board, and shall contain the following information:
(1) The identity of the deceased;
(2) The name of the person authorizing the cremation and the relationship, if any, to the deceased;
(3) Permission for the crematory to perform the cremation;
(4) The name of the person who will claim the cremains from the crematory; and
(5) Any other information required by the board.
(c) A crematory shall obtain a permit or authorization for cremation from the county medical examiner, the assistant county medical examiner or the county coroner of the county wherein the death occurred and do such other acts as required by section nine, article twelve, chapter sixty-one of this code: Provided, That a crematory may obtain a permit or authorization for cremation from the chief medical examiner if:
(1) The crematory is unable to obtain a permit from the county medical examiner, the assistant county medical examiner or the county coroner of the county wherein the death occurred; or
(2) The crematory has concerns following authorization by county personnel regarding the identity or cause of death of the deceased.
(d) The permit or authorization for cremation shall be on forms prescribed by the chief medical examiner. A permit or authorization for cremation may be done by facsimile.
(e) All crematories shall implement a cremation procedure. The board, by rules, shall establish the cremation procedure which shall include:
(1) An identification process for bodies;
(2) A tracking process for bodies from the time a body is delivered to a crematory through the time the cremains are claimed by the authorized person;
(3) Obtaining all the required signatures, as specified by the board, on the written permission for cremation;
(4) Only cremating one human body at a time and prohibiting comingling of cremains;
(5) The specified time period a crematory is required to keep unclaimed cremains;
(6) How to dispose of unclaimed cremains;
(7) A record-keeping process for cremations; and
(8) Any other requirements necessary to effectuate the provisions of this article.
(f) The board shall establish requirements for:
(1) The equipment needed to complete the cremation process; and
(2) The containers needed to store the cremains.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-22. Disposition of Body of Deceased Person; Penalty

(a) No public officer, employee, physician or surgeon, or other person having a professional relationship with the deceased, shall send, or cause to be sent to an embalmer, funeral director or crematory operator the body of a deceased without first inquiring the desires of the deceased who has designated his or her wishes regarding the disposal of their remains through a last will and testament, an advance directive or preneed funeral contract, as defined in section two, article fourteen, chapter forty-five of this code; the surviving spouse of the deceased, unless a petition to dissolve the marriage was pending at the time of decedent's death; and, an individual previously designated by the deceased as the person with the right to control disposition of the deceased's remains in a writing signed and notarized by the deceased: Provided, That no person may be designated to serve in such capacity for more than one nonrelative at any one time. If there is no last will and testament, advance directive or preneed funeral contract, surviving spouse, or designated person, then the authority and direction of any next of kin or person who may be chargeable with the funeral expenses of the deceased shall be used as to the disposal of the body of the deceased. The provisions of this subsection are not applicable if the remains of the decedent are subject to disposition pursuant to subsection (b) of this section.
(b) Notwithstanding any provision of this code to the contrary, a United States Department of Defense Record of Emergency Data Form (DD Form 93) executed by a declarant who dies while serving in a branch of the United States Military as defined in 10 U. S. C. §1481 constitutes a valid form of declaration instrument and governs the disposition of the declarant's remains. The person named in the form as the person authorized to direct disposition of the remains may arrange for the final disposition of the declarant's last remains.
(c) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500, nor more than $1,000, or imprisoned not less than ten days nor more than ninety days, or both.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-22b. Certification for Alkaline Hydrolysis of Human Remains

(a) No person, funeral establishment, corporation, partnership, joint venture, voluntary organization, or other entity shall hydrolyze human remains without first obtaining a certificate from the board.
(b) Except as otherwise provided by this article, a certificate for the hydrolysis of human remains shall have the same requirements and fees as for the licensing of crematories under this article. The alkaline hydrolysis of human remains shall be conducted in compliance with all requirements for cremation.
(c) The board shall have the same powers to regulate, enforce, discipline, and inspect alkaline hydrolysis certificate holders and the practice of alkaline hydrolysis that have been granted under this article for the regulation, enforcement, discipline, and inspection of crematories and the practice of cremation.
(d) Any solid remains or residue remaining after alkaline hydrolysis shall be treated and disposed of as cremated remains under this article. Disposal of liquid waste shall be subject to all applicable health and environmental laws and regulations.
(e) Human remains shall be hydrolyzed in an alkaline hydrolysis container and may not be required to be hydrolyzed in a casket.
(f) Unless specified otherwise by the manufacturer of the equipment used for alkaline hydrolysis, human remains may be hydrolyzed without first removing a pacemaker or defibrillator. Any other potentially hazardous implanted device or material shall be handled in accordance with applicable state laws and regulations.
(g) The board shall promulgate legislative rules necessary to define the education and requirements for the certification to perform alkaline hydrolysis.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-24. Complaints; Investigations

(a) Upon receipt of a written complaint filed against any licensee, or certificate or registration holder, the board shall provide a copy of the complaint to the licensee, or certificate or registration holder.
(b) The board may investigate the complaint. If the board finds upon investigation that probable cause exists that the licensee, or certificate or registration holder, has violated any provision of this article or the rules promulgated hereunder, then the board shall serve the licensee, or certificate or registration holder, with a written statement of charges and a notice specifying the date, time and place of the hearing. The hearing shall be held in accordance with the provisions of this article.
(c) In addition to other sanctions imposed, the board may require a licensee, or certificate or registration holder to pay the costs of the proceeding if the licensee, or certificate or registration holder is in violation of any provision of this article or the rules promulgated hereunder.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-25. Hearing and Judicial Review

(a) A hearing on a statement of charges shall be held in accordance with the provisions for hearing set forth in section eight, article one of this chapter and procedures specified by rule by the board.
(b) Any licensee, or certificate or registration holder, adversely affected by any decision of the board entered after a hearing, may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code and may appeal any ruling resulting from judicial review in accordance with said article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-26. Reinstatement

If the board has suspended, revoked or refused to renew a license, certificate or registration, the licensee, or certificate or registration holder, 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-28. Injunctions

When, as a result of an investigation under this article or otherwise, the board or any other interested person believes that any person: (1) Has engaged, is engaging or is about to engage in the practice of embalming, funeral directing or cremating without a license or certificate; (2) has operated, is operating or is about to operate a funeral establishment or crematory; or (3) is in violation of any of the provisions of this article, the board or any other interested person may make application to any court of competent jurisdiction for an order enjoining the acts or practices and upon a showing that the person has engaged or is about to engage in any act or practice, an injunction, restraining order or another appropriate order may be granted by the court without bond.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-29. Criminal Proceedings; Penalties

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person has knowingly violated the provisions of this article, the board may bring its information to the attention of the Attorney General or other appropriate law-enforcement officer who may cause appropriate criminal proceedings to be brought.
(b) Any person who knowingly violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,500 or confined in the county or regional jail not more than one year, or both fined and imprisoned.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 6. Board of Funeral Service Examiners › §30-6-31. Inapplicability of Article

The provisions of this article do not apply to or interfere with:
(1) The duties of an officer of any local or state board of health who, in compliance with local or state board of health rules, may be charged with the duty of preparation for burial of a human body when death was caused by a virulent, communicable disease;
(2) The duties of an officer of a medical college, county medical society, anatomical association or other recognized person carrying out his or her responsibilities of dealing with indigent dead human bodies who are held subject for anatomical study; or
(3) The customs or rites of any religious sect in the burial of its dead: Provided, That embalming shall only be performed by a licensed embalmer.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-1. Definitions

As used in this article:
“Advanced practice registered nurse” means a registered nurse who has acquired advanced clinical knowledge and skills preparing him or her to provide direct and indirect care to patients as a certified nurse practitioner, certified nurse-midwife, certified registered nurse anesthetist, or clinical nurse specialist, who has completed a board-approved graduate-level education program and who has passed a board-approved national certification examination;
“Board” means the West Virginia Board of Examiners for Registered Professional Nurses;
“Collaborative relationship” means a working relationship, structured through a written agreement, in which an advanced practice registered nurse may prescribe drugs in collaboration with a qualified physician;
“Direct patient care” means the provision of services to a sick, injured, mentally or physically disabled, elderly or fragile patient that requires some degree of interaction with that patient. Direct patient care may include assessment, treatment, counseling, procedures, self-care, patient education, administration of medication, and implementation of a care plan;
“Practice of registered professional nursing” or “registered professional nursing” means the performance for compensation of any service requiring substantial specialized judgment and skill based on knowledge and application of principles of nursing derived from the biological, physical and social sciences, such as responsible supervision of a patient requiring skill in observation of symptoms and reactions and the accurate recording of the facts, or the supervision and teaching of other persons with respect to such principles of nursing, or in the administration of medications and treatments as prescribed by a licensed physician, a licensed dentist or a licensed advanced practice registered nurse, or the application of such nursing procedures as involve understanding of cause and effect in order to safeguard life and health of a patient and others; and
“Temporary permit” means a permit authorizing the holder to practice registered professional nursing in this state until such permit is no longer effective or the holder is granted a license by the West Virginia State Board of Examiners for Registered Professional Nurses.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-2. License Required to Practice

(a) It is unlawful for any person not licensed under the provisions of this article to practice or to offer to practice registered professional nursing in this state, or to use any title, sign, card or device to indicate that such person is a registered professional nurse: Provided, That any professional nurse holding an active, unencumbered license to practice in another state, who accompanies a patient to whom he or she administers nursing care while such patient is in transit or being transported into, out of, or through this state, may practice without a license issued under this article with the following limitations: (1) Such nurse may only administer nursing care to the patient whom they are accompanying in this state; and (2) under no circumstances is any such nurse authorized to practice nursing in this state for longer than forty-eight hours within any three-month period; and (3) under no circumstances shall any such nurse hold him or herself out as a registered professional nurse licensed in this state. Such forty-eight hour period shall commence and run from the time such nurse first enters the borders of this state in the company of his or her patient and therefrom run continuously, whether or not such nurse dispenses nursing care, until such forty-eight hour period has elapsed.
(b) To practice as an advanced practice registered nurse in this state, a person must have a valid advanced practice registered nurse license issued by the board. It is unlawful for any person to practice or offer to practice as an advanced practice registered nurse, to use any title, sign, card or device to indicate or give the impression that such person is an advanced practice registered nurse or to practice as, perform the role of, or use any title, sign, card or device to indicate that the person is a certified registered nurse anesthetist, certified nurse-midwife, clinical nurse specialist or certified nurse practitioner, unless that person is currently licensed by the board as an advanced practice registered nurse.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-5. Schools of Nursing

(a) A nursing program is determined to be board approved if the program is accredited by a national nursing accrediting agency recognized by the United States Department of Education. The accreditation is considered board approved and is exempt from board rules that require ongoing approval if the school or program maintains this accreditation.
(b) By July 1, 2022, all nursing programs shall be accredited by a national accrediting agency recognized by the United States Department of Education. A program created after July 1, 2018, shall have 5 years to obtain accreditation by an accrediting agency recognized by the United States Department of Education.
(c) The board may require information concerning the nursing program to be reported to the board by legislative rule. The requested information shall be consistent with information already being collected by the schools which is required to maintain the program’s accreditation.
(d) The board shall approve a new nursing program until the program is accredited by a national nursing accrediting agency recognized by the United States Department of Education.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-5a. Schools of Nursing Faculty Requirements

(a) Full-time nursing faculty members shall:
(1) Have a graduate degree with a major in nursing; have a bachelor’s degree with a major in nursing and be enrolled in a graduate degree program with a major in nursing within one year of employment as a faculty member; or have a bachelor’s degree with a major in nursing and at least 10 years of direct patient care experience in nursing;
(2) Have evidence of current experience in nursing practice and education sufficient to demonstrate professional competence. For faculty with less than two years’ experience in education, the nursing program administrator will submit to the board mentoring and orientation plans as defined by board guidelines and function under the guidance of a faculty member fully qualified in the specific teaching area and professional competence; and
(3) Have credentials which verify status as a registered professional nurse in West Virginia.
(b) Part-time nursing faculty members shall:
(1) Have a graduate degree with a major in nursing; have a bachelor’s degree with a major in nursing and be enrolled in a graduate degree program with a major in nursing within one year of employment as a faculty member; or have a bachelor’s degree with a major in nursing and at least two years of direct patient care experience in nursing;
(2) Have evidence of current experience in nursing practice and education sufficient to demonstrate professional competence. For faculty with less than two years’ experience in education, the nursing program administrator will submit to the board mentoring and orientation plans as defined by board guidelines and function under the guidance of a faculty member fully qualified in the specific teaching area and professional competence; and
(3) Have credentials which verify status as a registered professional nurse in West Virginia.
(c) The board may grant an exception to the requirements in §30-7-5a(a) and §30-7-5a(b) of this code for faculty members who have qualifications other than those set forth in these subsections which are acceptable to the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-6. License to Practice Registered Professional Nursing

(a) The board may issue a license to practice registered nursing to an applicant who meets the following requirements:
(1) Is at least 18 years of age;
(2) Has completed an approved four-year high school course of study or the equivalent thereof, as determined by the appropriate educational agency;
(3) Has completed a nursing education program;
(4) Has passed an examination approved by the board;
(5) Has paid the application fee specified by rule;
(6) Has completed a criminal background check, as required by 30-1D-1 et seq. of this code; and
(7) Is not an alcohol or drug abuser, as these terms are defined in 27-1A-11 of this code, unless an applicant in an active recovery process, which may be evidenced by participation in a Nurse Health Program, structured aftercare, or a 12-step program or other similar group or process, may be considered.
(b) A license to practice registered professional nursing 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 7. Registered Professional Nurses › §30-7-7. License to Practice Advanced Practice Registered Nursing

(a) The board may issue an advanced practice registered nurse license to an applicant who meets the following requirements:
(1) Is at least 18 years of age;
(2) Is currently certified by a national certification organization, approved by the board, in one or more of the following nationally recognized advance practice registered nursing roles: Certified registered nurse anesthetist, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner;
(3) Has paid the application fee specified by legislative rule; and
(4) Is not an alcohol or drug abuser, as these terms are defined in 27-1A-11 of this code, unless an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a Nurse Health Program, structured aftercare, or a 12-step program or other similar group or process, may be considered.
(b) An advanced practice registered nurse 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 an advanced practice registered nurse license issued under this section:
Provided
, That a person holding an advanced practice registered nurse license shall renew the license.
(c) An applicant, who is licensed in another jurisdiction as an advanced practice registered nurse, is eligible to apply for licensure.
(d) By virtue of being a licensed advanced practice registered nurse that person is also licensed as a registered professional nurse. The board may not charge an additional fee for registered professional nurse license
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-8. License Renewal

(a) Persons regulated by this article shall annually or biennially, 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 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 7. Registered Professional Nurses › §30-7-9. Contents of License or Certificate

Each license or certificate issued by the board shall bear a serial number, the full name of the applicant, the date of expiration of any such license and the date of issuance of any such certificate, the seal of the board, and shall be signed by the executive secretary of the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-10. Use of Titles

Any person licensed pursuant to this article may use the title "registered nurse" and the abbreviation "R.N." or the term "nurse". Except as otherwise provided in article seven-a of this chapter, no other person may assume a title or use abbreviations or any other words, letters, figures, signs, or devices to indicate that the person using the same is a registered professional nurse.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-11. Denial, Revocation, or Suspension of License; Grounds for Discipline

(a) The board shall have the power to deny, revoke, or suspend any license to practice registered professional nursing issued or applied for in accordance with the provisions of this article, or to 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 to practice registered professional nursing; or
(2) Has been convicted of a felony; or
(3) Is unfit or incompetent by reason of negligence, habits, or other causes; or
(4) Is habitually intemperate or is addicted to the use of habit-forming drugs; or
(5) Is mentally incompetent; or
(6) Is guilty of conduct derogatory to the morals or standing of the profession of registered nursing; or
(7) Is practicing or attempting to practice registered professional nursing without a license or reregistration; or
(8) Has demonstrated abnormal prescribing or dispensing practices pursuant to §30-3A-4 of this code; or
(9) Has willfully or repeatedly violated any of the provisions of this article.
(b) An advanced practice registered nurse licensed under this article may not be disciplined for providing expedited partner therapy in accordance with §16-4F-1 et seq. of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-11a. Voluntary Agreements Relating to Alcohol or Chemical Dependency; Confidentiality

(a) In order to encourage voluntary participation in monitored alcohol, chemical dependency or major mental illness programs and in recognition of the fact that major mental illness, alcoholism and chemical dependency are illnesses, any person who holds a license to practice registered nursing in this state or who is applying for a license to practice registered nursing in this state may enter into a voluntary agreement with a nurse health program as defined in section one, article seven-e of this chapter. The agreement between the licensee or applicant and the nurse health program shall include a jointly agreed upon treatment program and mandatory conditions and procedures to monitor compliance with the program of recovery.
(b) Any voluntary agreement entered into pursuant to this section shall not be considered a disciplinary action or order by the board, shall not be disclosed to the board and shall not be public information if:
(1) Such voluntary agreement is the result of the licensee or applicant self enrolling or voluntarily participating in the board- designated nurse health program;
(2) The board has not received nor filed any written complaints regarding said licensee or applicant relating to an alcohol, chemical dependency or major mental illness affecting the care and treatment of patients; and
(3) The licensee or applicant is in compliance with the voluntary treatment program and the conditions and procedures to monitor compliance.
(c) Pursuant to this section, if any licensee or applicant enters into a voluntary agreement with a nurse health program as defined in section one, article seven-e of this chapter, and then fails to comply with or fulfill the terms of said agreement, the nurse health program shall report the noncompliance to the board within twenty-four hours. The board may initiate disciplinary proceedings pursuant to section eleven of this article or may permit continued participation in the nurse health program or both.
(d) If the board has not instituted any disciplinary proceeding as provided for in this article, any information received, maintained or developed by the board relating to the alcohol or chemical dependency impairment of any licensee or applicant and any voluntary agreement made pursuant to this section shall be confidential and not available for public information, discovery or court subpoena, nor for introduction into evidence in any medical professional liability action or other action for damages arising out of the provision of or failure to provide health care services.
(e) Notwithstanding any of the foregoing provisions, the board may cooperate with and provide documentation of any voluntary agreement entered into pursuant to this section to licensing boards in other jurisdictions of which the board has become aware and may be appropriate.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-12. Exceptions

This article shall not be construed to prohibit:
(a) The furnishing of nursing assistance in an emergency; or
(b) The practice of nursing incidental to a program of study by students enrolled in a nursing education program accredited by the board; or
(c) The practice of any legally qualified nurse of another state who is employed by the United States or any bureau, division or agency thereof, while in the discharge of his or her official duties.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-13. 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 nursing diploma, license or record or aid or abet therein; or
(b) Practice registered professional nursing under cover of any diploma, license or record illegally or fraudulently obtained or signed or issued or under fraudulent representation; or
(c) Practice registered professional nursing unless duly licensed to do so under the provisions of this article; or
(d) Use in connection with his or her name any designation tending to imply that he or she is licensed to practice registered professional nursing unless duly licensed so to practice under the provisions of this article; or
(e) Practice registered professional nursing during the time his or her license issued under the provisions of this article shall be suspended or revoked; or
(f) Conduct a nursing education program for the preparation of registered professional nursing practitioners unless such program has been accredited by the board; or
(g) Otherwise violate any provisions of this article.
Upon conviction, each such 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 7. Registered Professional Nurses › §30-7-14. Injunction or Other Relief Against Unlawful Acts

The practice of registered professional nursing by any person who has not been licensed under the provisions of this article, or whose license has expired or has been suspended or revoked, is hereby declared to be inimical to the public health and welfare and to be a public nuisance. Whenever in the judgment of the board any person has engaged in, is engaging in or is about to engage in the practice of registered professional nursing without holding a valid license hereunder, or has engaged, is engaging or is about to engage in any act which constitutes, or will constitute, a violation of this article, the board may make application to the appropriate court having equity jurisdiction for an order enjoining such practices or acts, and upon a showing that such person has engaged, is engaging or is about to engage, in any such practices or acts, an injunction, restraining order, or such other order as the court may deem appropriate shall be entered by the court.
The remedy provided in this section shall be in addition to, and not in lieu of, all other penalties and remedies provided in this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-15. Administration of Anesthetics

In any case where it is lawful for a duly licensed physician or dentist practicing medicine or dentistry under the laws of this state to administer anesthetics, such anesthetics may lawfully be given and administered by any person (a) who has been licensed to practice registered professional nursing under this article, and (b) who holds a diploma or certificate evidencing his or her successful completion of the educational program of a school of anesthesia duly accredited by the American association of nurse anesthetists: Provided, That such anesthesia is administered by such person in the presence and under the supervision of such physician or dentist.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-15a. Prescriptive Authority for Prescription Drugs

(a) An advanced practice registered nurse may not prescribe a Schedule I controlled substance as provided in 60A-2-204
et seq
. of this code.
(b) An advanced practice registered nurse may prescribe up to a three-day supply of a Schedule II narcotic as provided in 60A-2-206
et seq
. of this code.
(c) There are no other limitations on the prescribing authority of an advanced practice registered nurse, except as provided in 16-54-1
et seq
. of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-15c. Form of Prescriptions; Termination of Authority; Renewal; Notification of Termination of Authority

(a) Prescriptions authorized by an advanced practice registered nurse must comply with all applicable state and federal laws; must be signed by the prescriber with the initials "A.P.R.N." or the designated certification title of the prescriber; and must include the prescriber's identification number assigned by the board or the prescriber's national provider identifier assigned by the National Provider System pursuant to 45 C. F. R. §162.408.
(b) Prescriptive authorization shall be terminated if the advanced practice registered nurse has:
(1) Not maintained current authorization as an advanced practice registered nurse; or
(2) Prescribed outside the advanced practice registered nurse's scope of practice or has prescribed drugs for other than therapeutic purposes; or
(3) Has not filed verification of a collaborative agreement with the board if such an agreement is required.
(c) Prescriptive authority for an advanced practice registered nurse must be renewed biennially. Documentation of eight contact hours of pharmacology during the previous two years must be submitted at the time of renewal.
(d) The board shall notify the Board of Pharmacy within twenty-four hours after termination of, or change in, an advanced practice registered nurse's prescriptive authority.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-15d. Advanced Practice Registered Nurse Signatory Authority

(a) An advanced practice registered nurse may provide an authorized signature, certification, stamp, verification, affidavit or endorsement on documents within the scope of their practice, including, but not limited to, the following documents:
(1) Death certificates: Provided, That the advanced practice registered nurse has received training from the board on the completion of death certificates;
(2) “Physician orders for life sustaining treatment,” “physician orders for scope of treatment” and “do not resuscitate” forms;
(3) Handicap hunting certificates; and
(4) Utility company forms requiring maintenance of utilities regardless of ability to pay.
(b) An advanced practice registered nurse may not sign a certificate of merit for a medical malpractice claim against a physician.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-18. Nursing Shortage Study Commission

(a) A nursing shortage study commission shall be created by the board. The board shall appoint 9 members to the commission. The board shall appoint:
(1) One individual who is on the board;
(2) Two individuals that are employed as registered professional nurses in a hospital and who work primarily providing direct patient care;
(3) Two registered professional nurses who work as long-term care nurses, one of whom works in a nursing home and one of whom works for a home health agency, both of whom work primarily providing direct patient care;
(4) One nursing administrator;
(5) The Chancellor of the Higher Education Policy Commission;
(6) The West Virginia Nurses Association President; and
(7) The Executive Director of the Center for Nursing.
(b) Members of the commission are not entitled to compensation for services performed as members, but are entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties. Five of the appointed members is a quorum for the purpose of conducting business. The board shall meet at least monthly. The board shall designate a chair, who is not a public official. The commission shall conduct all meetings in accordance with the open meeting law pursuant to 6-9A-1
et seq
. of this code.
(c) The commission shall:
(1) Study the nursing shortage in West Virginia and ways to alleviate it, including, but not limited to:
(A) Evaluating mechanisms currently available in the state and elsewhere intended to enhance education, recruitment, and retention of nurses in the workforce and to improve quality of care;
(B) Assessing the impact of shortages in nursing personnel on access to, and the delivery of, quality patient care;
(C) Developing recommendations on strategies to reverse the growing shortage of qualified nursing personnel in the state, including:
(i) Determining what changes are needed to existing programs, current scholarship programs and funding mechanisms to better reflect and accommodate the changing health care delivery environment and to improve quality of care to meet the needs of patients;
(ii) Facilitating career advancement within nursing;
(iii) Identifying more accurately specific shortage areas in a more timely manner;
(iv) Attracting middle and high school students into nursing as a career; and
(v) Projecting a more positive and professional image of nursing.
(2) Report its findings and recommendation to the Joint Committee on Health by December 1, 2022.
(3) Terminate January 1, 2023.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 7. Registered Professional Nurses › §30-7-19. Circulating Registered Nurses

A registered nurse as defined in this article, qualified by education, licensed, and experienced in operating room nursing, shall be present as a circulating nurse in each operating room in a hospital, or ambulatory surgical center as defined by section one, article five-b, chapter sixteen of this code, during operative procedures.