reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-13. Actions to Enjoin Violations

(a) Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article or any final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against the person and any other persons who have been, are or are about to be, involved in any practice, act or omission, so in violation, enjoining the person or persons from any violation or violations. Such application may be made and prosecuted to conclusion regardless of whether any violation has resulted or shall result in prosecution or conviction pursuant to the provisions of section fourteen of this article.
(b) Upon application by the board, any circuit court of this state with appropriate jurisdiction may, by mandatory or prohibitory injunction, compel compliance with the provisions of this article and all final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
(c) The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil cases.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 35. Board of Dietitians › §30-35-14. Prohibitions and Penalties

(a) It is a misdemeanor for any person, corporation or association to:
(1) Sell, fraudulently obtain, furnish or assist in selling, fraudulently obtaining or furnishing any dietitian license or license record;
(2) Engage in the practice as a licensed dietitian under cover of any diploma, license or record illegally or fraudulently obtained;
(3) Represent or imply to the public that he or she is authorized to use the title "dietitian" or "licensed dietitian" or any other title intended to convey that impression, unless duly licensed pursuant to the provisions of this article;
(4) Engage in the practice as a licensed dietitian during the time his or her license is suspended or revoked; or
(5) Otherwise violate any provisions of this article.
(b) Any person, corporation or association who violates the provisions of subsection (a) of this section or any rule promulgated under this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for each offense.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-1. License Required to Practice

In order to protect the life, health and safety of the public, any person practicing or offering to practice as an acupuncturist is required to submit evidence that he or she is qualified to practice, and is licensed as provided in this article. After June 30, 1997, it shall be unlawful for any person not licensed under the provisions of this article to practice acupuncture in this state, or to use any title, sign, card or device to indicate that he or she is an acupuncturist. The provisions of this article are not intended to limit, preclude or otherwise interfere with the practice of other health care providers working in any setting and licensed by appropriate agencies or boards of the State of West Virginia whose practices and training may include elements of the same nature as the practice of a licensed acupuncturist.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-2. Definitions

(a) Unless the context in which used clearly requires a different meaning, as used in this article:
(1) "Acupuncture" means a form of health care, based on a theory of energetic physiology, that describes the interrelationship of the body organs or functions with an associated point or combination of points.
(2) "Auricular acudetox" means auricular detoxification therapy, as approved by the board or as stipulated by the National Acupuncture Detoxification Association (NADA) for the treatment of substance abuse, alcoholism, chemical dependency, detoxification, behavioral therapy, or trauma recovery.
(3) "Board" means the West Virginia Acupuncture Board.
(4) "Certificate holder" means an authorization issued by the board to persons trained in auricular acudetox who meet the qualifications, established pursuant to this article and by board rules, to be certified as an auricular detoxification specialist (ADS).
(5) "License" means a license issued by the board to practice acupuncture.
(6) "Moxibustion" means the burning of mugwort on or near the skin to stimulate the acupuncture point.
(7) "NADA" means the National Acupuncture Detoxification Association.
(8) "NADA protocol" means the National Acupuncture Detoxification Association protocol for auricular detoxification therapy.
(9) "Practice acupuncture" means the use of oriental medical therapies for the purpose of normalizing energetic physiological functions including pain control, and for the promotion, maintenance, and restoration of health.
(b) (1) "Practice acupuncture" includes:
(A) Stimulation of points of the body by the insertion of acupuncture needles;
(B) The application of moxibustion; and
(C) Manual, mechanical, thermal, or electrical therapies only when performed in accordance with the principles of oriental acupuncture medical theories.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-4. Board Membership

(a) The board shall consist of five members appointed by the Governor with the advise and consent of the Senate.
(1) Three shall be licensed acupuncturists appointed from a list submitted as provided in subsection (c) of this section;
(2) One shall be a member of the general public; and
(3) One shall be a physician licensed to practice medicine in the State of West Virginia.
(b) Each licensed acupuncturist shall:
(1) Be a resident of the state; and
(2) For at least three years immediately prior to appointment have been engaged in the practice of acupuncture in the state.
(c) For each vacancy of an acupuncture member, the board shall compile a list of names to be submitted to the Governor in the following manner:
(1) The board shall notify all licensed acupuncturists in the state of the vacancy to solicit nominations to fill the vacancy;
(2) Each professional association of acupuncturists in the state shall nominate at least two persons for every vacancy; and
(3) Each educational institution that provides acupuncture training in the state shall nominate at least two persons for every vacancy.
(d) The member from the general public:
(1) May not be or ever have been an acupuncturist or in training to become an acupuncturist;
(2) May not have a household member who is an acupuncturist or in training to become an acupuncturist;
(3) May not participate or ever have participated in a commercial or professional field related to acupuncture;
(4) May not have a household member who participates in a commercial or professional field related to acupuncture; and
(5) May not have had within two years prior to appointment a substantial financial interest in a person regulated by the board.
(e) While a member of the board, the member from the general public may not have a substantial financial interest in a person regulated by the board.
(f) Before taking office, each appointee to the board shall take and subscribe to the oath prescribed by section 5, article IV of the Constitution of this state.
(g) Tenure; vacancies.
(1) The term of a member is three years.
(2) The terms of members are staggered from July 1, 1996. The terms of the members first appointed shall expire as designated by the Governor at the time of the nomination, one at the end of the first year, two at the end of the second year, and two at the end of the third year. As these original appointments expire, each subsequent appointment shall be for a full three-year term.
(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4) A member may not serve more than two consecutive full terms.
(5) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(h) The Governor may remove any member from the board for neglect of any duty required by law or for incompetence or unethical or dishonorable conduct.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-6. Quorum; Meetings; Reimbursement; Staff

(a) A majority of the full authorized membership of the board constitutes a quorum.
(b) The board shall meet at least twice a year, at the times and places that it determines.
(c) Each member of the board is entitled to reimbursement of travel and other necessary expenses actually incurred while engaging in board activities. All reimbursement of expenses shall be paid out of the acupuncture board fund created by the provisions of this article.
(d) The board may employ such staff as necessary to perform the functions of the board, including an administrative secretary, and pay all personnel from the acupuncture board fund in accordance with the state budget.
(e) The board may contract with other state boards or state agencies to share offices, personnel and other administrative function as authorized under this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-7. Rule-Making Authority; Miscellaneous Powers and Duties

(a) The board may propose for promulgation legislative rules to carry out the provisions of this article in accordance with the provisions of §29A-3-1 et seq. of this code.
(b) The board may adopt a code of ethics for licensure.
(c) In addition to the powers set forth elsewhere in this article, the board shall keep:
(1) Records and minutes necessary for the orderly conduct of business; and
(2) A list of each currently licensed acupuncturist.
(d) The board may propose emergency legislative rules upon the effective date of the reenactment of this article during the 2019 regular session of the Legislature to effectuate the provisions necessary to issue certificates to persons trained in auricular acudetox, and to establish fees for certificate holders pursuant to this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-8. Acupuncture Board Fund; Fees; Expenses; Disposition of Funds

(a) There is hereby established an acupuncture board fund in the State Treasurer's office.
(b) The board may set reasonable fees for the issuance and renewal of licenses and its other services. All funds to cover the compensation and expenses of the board members or staff shall be generated by the fees set under this subsection.
(c) The board shall pay all fees collected under the provisions of this article to the State Treasurer.
(d) The fund shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the board as provided by the provisions of this article. The fund is a continuing, nonlapsing fund. Any unspent portions of the fund may not be transferred or revert to the General Revenue Fund of the state, but shall remain in the fund to be used for the purposes specified in this article.
(e) The Legislative Auditor shall audit the accounts and transactions of the fund.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-9. License or Certificate Required; Exemptions

(a) Except as otherwise provided in this article, an individual shall be licensed or certified by the board before he or she may practice acupuncture or auricular acudetox in this state.
(b) This section does not apply to:
(1) An individual employed by the federal government as an acupuncturist while practicing within the scope of that employment; or
(2) A student, trainee, or visiting teacher who is designated as a student, trainee, or visiting teacher while participating in a course of study or training under the supervision of a licensed acupuncturist in a program that is approved by the board or the State Board of Education.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-14. Term and Renewal of Licenses and Certificates; Restrictions; and Advertisements

(a) Terms of license and certificate:
(1) The board shall provide for the term and renewal of licenses and certificates under this section;
(2) The term of a license or certificate may not be more than three years;
(3) A license or a certificate expires at the end of its term, unless the license or certificate is renewed for a term as provided by the board.
(b) Renewal notice. At least one month before the license or certificate expires, the board shall send to the licensee or certificate holder, by first-class mail to the last known address of the licensee, a renewal notice that states:
(1) The date on which the current license or certificate expires;
(2) The date by which the renewal application must be received by the board for the renewal to be issued and mailed before the license or certificate expires; and
(3) The amount of the renewal fee.
(c) Applications for renewal. Before the license or certificate expires, the licensee or certificate holder periodically may renew it for an additional term, if the licensee or certificate holder:
(1) Otherwise is entitled to be licensed or certified;
(2) Pays to the board a renewal fee set by the board; and
(3) Submits to the board:
(A) A renewal application on the form that the board requires; and
(B) Satisfactory evidence of compliance with any continuing education requirements set under this section for license or certificate renewal.
(d) In addition to any other qualifications and requirements established by the board, the board may establish continuing education requirements as a condition to the renewal of licenses and certificates under this section.
(e) The board shall renew the license of and issue a renewal certificate to each licensee and certificate holder who meets the requirements of this section.
(f) A licensee may advertise only as permitted by rules adopted by the board.
(g) A certificate holder recognized as an auricular detoxification specialist is prohibited from needling any acupuncture body points beyond the scope of auricular acudetox, and may not advertise themselves as an acupuncturist: Provided, That nothing contained in this section prohibits a person from practicing within his or her scope of practice as authorized by law.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-15. Reciprocal Licensure of Acupuncturists From Other States or Countries

(a) The acupuncture board may by reciprocity license acupuncturists in this state who have been legally registered or licensed acupuncturists in another state: Provided, That the applicant for such licensure shall meet the requirements of the rules for reciprocity promulgated by the board in accordance with the provisions of chapter twenty-nine-a of this code: Provided, however, That reciprocity is not authorized for acupuncturists from another state where that state does not permit reciprocity to acupuncturists licensed in West Virginia.
(b) The board may refuse reciprocity to acupuncturists from another country unless the applicant qualifies under such rules as may be promulgated by the board for licensure of foreign applicants.
(c) Applicants for licensure under this section shall, with their application, forward to the board the established fee.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-16. Inactive Status; Reinstatement of Expired License

(a) The board shall place a licensee on inactive status if the licensee submits to the board:
(1) An application for inactive status on the form required by the board; and
(2) The inactive status fee set by the board.
(b) The board shall issue a license to an individual who is on inactive status if the individual complies with the renewal requirements that exist at the time the individual changes from inactive to active status.
(c) The board shall reinstate the license of a former licensee who has failed to renew the license for any reason if the former licensee:
(1) Meets the renewal requirements of section fourteen of this article; and
(2) Pays to the board a reinstatement fee set by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-17. Surrender of License by Licensee or Certificate by Certificate Holder

(a) Unless the board agrees to accept the surrender of a license or certificate, a licensee or certificate holder may not surrender the license or certificate nor may the license or certificate lapse by operation of law while the licensee or certificate holder is under investigation or while charges are pending against the licensee or certificate holder.
(b) The board may set conditions on its agreement with the licensee or certificate holder under investigation or against whom charges are pending to accept surrender of the license or certificate.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-18. Reprimands, Probations, Suspensions and Revocations; Grounds

The board, on the affirmative vote of a majority of its full authorized membership, may reprimand any licensee or certificate holder, place any licensee or certificate holder on probation, or suspend or revoke a license or certificate if the licensee or certificate holder:
(1) Fraudulently or deceptively obtains or attempts to obtain a license or certificate for the applicant or licensee or certificate holder or for another;
(2) Fraudulently or deceptively:
(A) Uses a license or certificate; or
(B) Solicits or advertises.
(3) Is guilty of immoral or unprofessional conduct in the practice of acupuncture or auricular acudetox;
(4) Is professionally, physically, or mentally incompetent;
(5) Provides professional services while:
(A) Under the influence of alcohol; or
(B) Using any narcotic or controlled substance, as defined in §60A-1-101 of this code, or other drug that is in excess of therapeutic amounts or without a valid medical indication;
(6) Knowingly violates any provision of this article or any rule of the board adopted under this article;
(7) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(8) Practices acupuncture or auricular detoxification therapy with an unauthorized person or assists an unauthorized person in the practice of acupuncture or auricular detoxification therapy;
(9) Is disciplined by the licensing or disciplinary authority of this state or any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;
(10) Willfully makes or files a false report or record in the practice of acupuncture or auricular detoxification therapy;
(11) Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
(12) Submits a false statement to collect a fee; or
(13) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the person is licensed and qualified to render because the individual is HIV positive, in conformity with standards established for treatment by physicians, dentists and other licensed health care professionals in cases of this nature.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 36. Acupuncturists › §30-36-19. Due Process Procedure

(a) Upon filing with the board a written complaint charging a person with being guilty of any of the acts described in section sixteen of this article, the administrative secretary or other authorized employee of the board shall provide a copy of the complaint or list of allegations to the person about whom the complaint was filed. That person will have twenty days thereafter to file a written response to the complaint. The board shall thereafter, if the allegations warrant, make an investigation. If the board finds reasonable grounds for the complaint, a time and place for a hearing shall be set, notice of which shall be served on the licensee or applicant at least fifteen calendar days in advance of the hearing date. The notice shall be by personal service or by certified or registered mail sent to the last known address of the person.
(b) The board may petition the circuit court for the county within which the hearing is being held to issue subpoenas for the attendance of witnesses and the production of necessary evidence in any hearing before it. Upon request of the respondent or of his or her counsel, the board shall petition the court to issue subpoenas in behalf of the respondent. The circuit court upon petition may issue such subpoenas as it deems necessary.
(c) Unless otherwise provided in this article, hearing procedures shall be promulgated in accordance with, and a person who feels aggrieved by a decision of the board may take an appeal pursuant to, the administrative procedures in this state as provided in chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 37. Massage Therapists › §30-37-1. License Required to Practice

To protect the health, safety and welfare of the public and to ensure standards of competency, it is necessary to require licensure of those engaged in the practice of massage therapy. After June 30, 1998, it shall be unlawful for any person not licensed under the provisions of this article to practice massage therapy in this state, or to use the initials LMT, C.M.T., or the words "licensed massage therapist," "masseur," or "masseuse," or any other words or titles which imply or represent that the person, corporation or association is engaging in the practice of massage therapy, or employ any person, not duly licensed, who is engaging in the practice of massage therapy or who is using such words or titles to imply or represent that he or she is engaging in the practice of massage therapy.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 37. Massage Therapists › §30-37-2. Definitions

(a) "Board" means the West Virginia Massage Therapy Licensure Board.
(b) "Massage therapist" means a person licensed to practice the health care service of massage therapy under this article who practices or administers massage therapy to a client of either gender for compensation. No person licensed by the massage therapy licensure board may be referred to as a primary care provider nor be permitted to use such designation.
(c) "Massage therapy" means a health care service which is a scientific and skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone, circulation, promoting health and physical well-being. Massage therapy includes massage, myotherapy, massotherapy, bodywork, bodywork therapy, or therapeutic massage including hydrotherapy, superficial hot and cold applications, vibration and topical applications or other therapies which involve manipulation of the muscle and connective tissue of the body, for the purpose of enhancing health, reducing stress, improving circulation, aiding muscle relaxation, increasing range of motion, or relieving neuro-muscular pain. Massage therapy does not include diagnosis or service which requires a license to practice medicine or surgery, osteopathic medicine, chiropractic, or podiatry, and does not include service performed by nurses, occupational therapists, or physical therapists who act under their own professional license, certificate or registration.
(d) "Massage establishment" means a place of business wherein massage therapy is practiced, with a physical site or premise, including mobile sites, licensed as required by this article, in which licensed massage therapists are employees or contractors practicing massage therapy on clients.
(e) "Sole practitioner" means a licensed massage therapist who is licensed pursuant to this article, who is not an employee or contractor of the sole practitioner or an establishment, and who provides massage therapy to clients at a specific location including, but not limited to, a rental space, home office space, offsite, or onsite space.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 37. Massage Therapists › §30-37-3. Board Established; Membership; Terms

(a) The West Virginia massage therapy licensure board consists of five members who are appointed by the Governor with the advice and consent of the Senate. Three members of the board shall be massage therapists, one member of the board shall be an osteopathic physician or chiropractor who is knowledgeable of modalities which are included in massage therapy, and one member of the board shall be a lay person who is not a massage therapist or other health care professional.
(b) The terms of board members shall be staggered initially from July 1, 1997. The Governor shall appoint initially three members for a term of one year and two members for a term of two years. Subsequent appointments shall be for a term of two years. Each member shall serve until that member's successor is appointed and qualified, unless the board member is no longer competently performing the duties of office. Any vacancy on the board shall be filled by the Governor for the balance of the unexpired term. The Governor may remove members of the board from office for cause.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 37. Massage Therapists › §30-37-4. Quorum Meetings; Officers; Reimbursement; Staff

(a) A majority of the full authorized membership of the board constitutes a quorum.
(b) The board shall meet at least twice a year, at the times and places that it determines.
(c) The board shall annually elect a chairperson and a secretary/treasurer.
(d) Each member of the board is entitled to reimbursement of travel and other necessary expenses actually incurred while engaging in board activities. All reimbursement of expenses shall be paid out of the massage therapy board fund created by the provisions of this article.
(e) The board may employ staff as necessary to perform the functions of the board, including an administrative secretary, and pay all personnel out of the massage therapy board fund created by the provisions of this article.
(f) The board may contract with other state boards or state agencies to share offices, personnel, and other administrative functions as authorized under this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 37. Massage Therapists › §30-37-5. Massage Therapy Board Fund; Fees; Expenses; Disposition of Funds

(a) There is hereby continued a massage therapy licensure board fund in the State Treasurer's office.
(b) The board may set, by legislative rule, reasonable fees for the issuance or renewal of licenses and its other services. All funds to cover the compensation and expenses of the board members shall be generated by the fees set under this subsection.
(c) The disposition of all funds received by the board shall be governed by the provisions of section ten, article one, chapter thirty of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 37. Massage Therapists › §30-37-6. Duties of Board; Authorization to Propose Rules and Fees

The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as are necessary to implement the provisions of this article, which shall include provisions regarding:
(a) Licensure and continuing education requirements, standards of practice, professional ethics, disciplinary actions, and other issues of concern;
(b) Personal cleanliness of massage therapists and the sanitary conditions of towels, linens, creams, lotions and other materials, facilities, and equipment used in the practice of massage therapy; and
(c) All fees for licensure, renewal of licensure, and all other related matters.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 37. Massage Therapists › §30-37-8. Enforcement

(a) The board has the power and authority to enter into any court of this state having proper jurisdiction to seek an injunction against any person, corporation or association not in compliance with the provisions of this article, and is further empowered to enter into any court to enforce the provisions of this article to ensure compliance with such provisions.
(b) The board may suspend, revoke, or impose probationary conditions upon a license or impose disciplinary sanctions upon a licensee pursuant to rules adopted in accordance with this article concerning board requirements for licensure. The following are grounds for revocation, suspension, annulment or the imposition of other disciplinary sanctions when a person, corporation or association is:
(1) Guilty of fraud in practice of massage, or fraud or deceit in the licensee's application for licensure;
(2) Engaged in practice under a false or assumed name, or impersonating another practitioner of a like or different name;
(3) Addicted to the habitual use of drugs, alcohol or stimulants to an extent as to incapacitate that person's performance of professional duties;
(4) Guilty of fraudulent, false, misleading or deceptive advertising, or for prescribing medicines or drugs, or practicing or offering to practice any licensed profession without legal authority. The licensee may not diagnose, or imply or advertise in any way a service for a condition that would require diagnosis;
(5) Practicing or offering to practice beyond the scope of licensure of massage therapy without legal authority;
(6) Grossly negligent in the practice of massage or guilty of employing, allowing or permitting an unlicensed person to perform massage in the licensee's work site;
(7) Practicing massage or bodywork with a license from another state or jurisdiction that has been canceled, revoked, suspended or otherwise restricted;
(8) Incapacitated by a physical or mental disability which is determined by a physician to render further practice by the licensee inconsistent with competency and ethics requirements;
(9) Convicted of sexual misconduct, assignation or the solicitation or attempt thereof;
(10) Engaging in any act of sexual abuse, sexual misconduct or sexual exploitation related to the licensee's practice of massage therapy;
(11) Obtaining any fee by fraud, deceit or misrepresentation; or
(12) In violation of any of the provisions of this article or any substantive rule adopted under the authority of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 37. Massage Therapists › §30-37-9. Hearing for Revocation, Suspension, Other Discipline, Nonrenewal of License

All proceedings for the revocation, suspension, or other disciplinary sanctions, or nonrenewal of licenses issued under the authority of this chapter shall be governed by the provisions of section eight, article one, chapter thirty of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 37. Massage Therapists › §30-37-10. Prohibitions and Penalties

(a) After June 30, 1998, a person, corporation or association who is not licensed pursuant to the provisions of this article may not engage in the practice of massage therapy and may not use the initials LMT, C.M.T., or the words "licensed massage therapist," "masseur," or "masseuse," or any other words or titles which imply or represent that the person, corporation or association is engaging in the practice of massage therapy, nor may a person, corporation or association employ any person, not duly licensed, who is engaging in the practice of massage therapy or who is using such words or titles to imply or represent that he or she is engaging in the practice of massage therapy.
(b) Any person, corporation or association who violates the provisions of subsection (a) 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 confined in jail not more than one year, or both fined and imprisoned.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 37. Massage Therapists › §30-37-11. Exemptions

Nothing in this article may be construed to prohibit or otherwise limit:
(a) The practice of a profession by persons who are licensed, certified or registered under the laws of this state and who are performing services within their authorized scope of practice. Persons exempted under this subdivision include, but are not limited to, those licensed, certified or registered to practice within the scope of any branch of medicine, nursing, osteopathy, chiropractic and podiatry, as well as licensed, certified or registered barbers, cosmetologists, athletic trainers, physical and occupational therapists; and any student enrolled in a program of massage education at a school approved by the West Virginia State College System Board or by a state agency in another state, the District of Columbia or a United States territory which approves educational programs and which meets qualifications for the National Certification Exam administered through the National Certification Board for Therapeutic Massage and Bodywork, provided that the student does not hold himself or herself out as a licensed massage therapist and does not charge or receive a fee; and
(b) The activities of any resort spa that has been operating on a continuing basis since January 1, 1975, or any employees of the resort spa. The exemption set forth in this subsection does not extend to any person, corporation or association providing escort services, nude dancing or other sexually oriented services not falling within the scope of massage therapy as defined in this article, irrespective of how long the person, corporation or association has been in operation.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 38. The Real Estate Appraiser Licensing and Certification Act › §30-38-4. Classifications of Licensure and Certification; Authority of Appraisers; Classification and License or Certificate Number Required on All Documents; Corporations

(a) The three classifications of real estate appraisers are state licensed residential real estate appraiser, state certified residential real estate appraiser, and state certified general real estate appraiser.
(b) A state licensed residential real estate appraiser is authorized to conduct appraisals of: (1) Complex residential real estate of one to four units having a value of less than $250,000; (2) noncomplex residential real estate of one to four units having a value of less than $1 million; and (3) nonresidential real estate having a value of less than $100,000.
(c) A state certified residential real estate appraiser is authorized to conduct appraisals of residential real estate of one to four units without regard to value or complexity, and nonresidential real estate when the value is less than $100,000.
(d) A state certified general real estate appraiser is authorized to conduct appraisals of all types of real estate.
(e) The board is authorized to establish by legislative rule other classifications of appraiser licensing not prohibited by applicable federal law.
(f) An appraiser shall indicate his or her classification and license or certificate number, as it appears on an issued license, on all appraisals, statements of qualification, contracts, and other instruments, including advertising media.
(g) A license or certificate may not be issued under the provisions of this article to a corporation, partnership, firm, or group.
(h) Nothing contained in this article prohibits any person licensed or certified under this article from engaging in the practice of real estate appraising as a professional corporation in accordance with the provisions of the Professional Service Corporation Act of this state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 38. The Real Estate Appraiser Licensing and Certification Act › §30-38-5. Reciprocal Credentialing

The board shall issue a reciprocal license or certification to an applicant from another state if the applicant holds a valid license or certification from a state whose licensing and certification program:
(1) Is in compliance with the provisions of Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 [12 U.S.C. 3331-3351] as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010; and
(2) That has credentialing requirements that meet or exceed those of West Virginia.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 38. The Real Estate Appraiser Licensing and Certification Act › §30-38-7. General Powers and Duties

The board shall:
(a) Define by rule the type of educational experience, appraisal experience and equivalent experience that will meet the statutory requirements of this article;
(b) Establish examination specifications as prescribed herein and provide for appropriate examinations;
(c) Establish registration requirements and procedures for appraisal management companies under the provisions of article thirty-eight-a of this chapter;
(d) Approve or disapprove applications for certification and licensure;
(e) Approve or disapprove applications for registration under the provisions of article thirty-eight-a of this chapter;
(f) Define by rule continuing education requirements for the renewal of certifications and licenses;
(g) Censure, suspend or revoke licenses and certification as provided in this article;
(h) Suspend or revoke registrations under the provisions of article thirty-eight-a of this chapter;
(i) Hold meetings, hearings and examinations;
(j) Establish procedures for submitting, approving and disapproving applications;
(k) Maintain an accurate registry of the names, addresses and contact information of all persons certified or issued a license to practice under this article;
(l) Maintain an accurate registry of the names, addresses and contact information of all persons and firms registered under the provisions of article thirty-eight-a of this chapter;
(m) Maintain accurate records on applicants and licensed or certified real estate appraisers;
(n) Maintain accurate records on applicants under the provisions of article thirty-eight-a of this chapter;
(o) Issue to each licensed or certified real estate appraiser a pocket card with the appraiser's name and license or certification number. Pocket cards are the property of the State of West Virginia and, upon suspension or revocation of the license to practice pursuant to this article, will be returned immediately to the board;
(p) Issue registration numbers to registrants under the provisions of article thirty-eight-a of this chapter;
(q) Deposit all fees collected by the board to the credit of the West Virginia appraiser licensing and certification board fund established in the office of the State Treasurer. The board shall disburse moneys from the account to pay the cost of board operation. Disbursements from the account may not exceed the moneys credited to it;
(r) Keep records and make reports as required by article one of this chapter; and
(s) Perform any other functions and duties necessary to carry out the provisions of this article and article thirty-eight-a of this chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 38. The Real Estate Appraiser Licensing and Certification Act › §30-38-8. Board Fund; Disposition of Funds

(a) The West Virginia appraiser licensing and certification board fund established in the office of the State Treasurer is continued.
(b) The disposition of all funds received by the board shall be governed by the provisions of section ten, article one of this chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 38. The Real Estate Appraiser Licensing and Certification Act › §30-38-9. Rulemaking

(a) The board may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to provide for:
(1) Licensure and certification requirements, including requirements for applications, examinations, reciprocity, temporary permits, apprentice permits and reinstatement;
(2) Registration requirements, including delinquent and expired registrations, for appraisal management companies under the provisions of article thirty-eight-a of this chapter;
(3) Fees for licenses, renewals of licenses and other services provided by the board;
(4) A fee schedule for registrations of appraisal management companies under the provisions of article thirty-eight-a of this chapter;
(5) Surety bond requirements for registrations of appraisal management companies under the provisions of article thirty-eight-a of this chapter;
(6) Requirements and procedures for appraisal management companies to maintain records under the provisions of article thirty-eight-a of this chapter;
(7) Experience, education and continuing education requirements and approval of courses; and
(8) Any other purpose to carry out the requirements of this article and article thirty-eight-a of this chapter.
(b) The rule governing appraiser qualifications must include requirements which meet or exceed the education, experience and examination requirements issued or endorsed by the appraisal qualifications board of the appraisal foundation.
(c) Any rules in effect on the effective date of the reenactment of this section during the regular session of the legislature in 2013 will remain in effect until amended, modified, repealed or replaced, except that references to provisions of former enactments of this act are interpreted to mean provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 38. The Real Estate Appraiser Licensing and Certification Act › §30-38-10. Civil Liability for Board Members; Liability Limitations of Professionals Reporting to Board; Disqualification of Board Members From Disciplinary Proceedings or Actions

(a) Members of the board will be immune from individual civil liability for actions taken in good faith and without malice, within the scope of their duties as board members.
(b) Any person licensed or certified by this board who reports or otherwise provides evidence of violations of this article or the boards rules by another person engaging in real estate appraisal activity to the board, is not liable for making the report if it is made without malice and in the reasonable belief that the report is warranted by the facts known to him or her at the time.
(c) No member of the board may participate in or vote on a disciplinary proceeding or action concerning a real estate appraisal activity in which he or she has previously participated or in which he or she has given testimony or been engaged to give testimony, or in which the board member has a conflict of interest. In any such instance, the board member shall recuse himself or herself from the proceeding or action.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 38. The Real Estate Appraiser Licensing and Certification Act › §30-38-12. Refusal to Issue or Renew License or Certification; Suspension or Revocation; Grounds for Disciplinary Action

(a) The following acts or omissions are grounds for disciplinary action, and the board may refuse to issue or renew a license or certification, or after issuance may suspend or revoke a license or certification or impose disciplinary sanctions for:
(1) Procuring or attempting to procure license or certification under this article by knowingly making a false statement, submitting false information or making a material misrepresentation in an application filed with the board, or procuring or attempting to procure a license or certification through fraud or misrepresentation;
(2) Paying money other than the fees provided for by this article to any member or employee of the board to procure a license or certification under this article;
(3) An act or omission in the practice of real estate appraising which constitutes dishonesty, fraud or misrepresentation with the intent to substantially benefit the licensee or another person or with the intent to substantially injure another person;
(4) Entry of a final civil or criminal judgment against a licensee on grounds of fraud, misrepresentation or deceit in the making of an appraisal of real estate;
(5) Conviction, including a conviction based upon a plea of guilty or nolo contendre, of a crime which is substantially related to the qualifications, functions or duties of a person developing real estate appraisals and communicating real estate appraisals to others;
(6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;
(7) Violation of any section of this article, or any rule of the board;
(8) Violation of the confidential nature of governmental records to which a licensee gained access through employment or engagement as an appraiser by a governmental agency;
(9) Acceptance of a fee that is or was contingent upon the appraiser reporting a predetermined analysis, opinion, or conclusion, or is or was contingent upon the analysis, opinion, conclusion or valuation reached, or upon the consequences resulting from the appraisal assignment;
(10) Failing to meet the minimum qualifications for state licensure or certification established by or pursuant to this article; or
(11) Failing or refusing without good cause to exercise reasonable diligence, or negligence or incompetence, in developing an appraisal, preparing an appraisal report, or communicating an appraisal.
(b) Every person licensed or certified by the board has a duty to report to the board in a timely manner any known or observed violation of this article or the board's rules by any other person licensed or certified by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 38. The Real Estate Appraiser Licensing and Certification Act › §30-38-13. Disciplinary Proceedings

(a) The board may, upon its own motion, and shall, upon the written complaint of any aggrieved person, cause an investigation to be made with respect to an alleged violation of this article or the rules of the board.
(b) The board may revoke, suspend or refuse to renew the license or certificate or otherwise discipline an appraiser, or deny an application, for any of the acts or omissions set forth in this article or in the rules of the board.
(c) If an investigation indicates that an appraiser licensed or certified by the board has violated a law or rule, the board shall serve a formal complaint upon the appraiser. The accused party is required to file an answer within twenty days of the date of service.
(d) In responding to a complaint, the accused party may admit the allegations of the complaint, deny the allegations of the complaint or otherwise plead. Failure to make a timely response shall be considered an admission of the allegations of the complaint.
(e) The board may make informal disposition of the matter, including entering into a consent agreement, or taking one or more of the disciplinary actions set forth in the board's rules.
(f) In a disciplinary proceeding based upon a civil judgment, the licensee shall be afforded an opportunity to present matters in mitigation and extenuation but may not collaterally attack the civil judgment.