reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-6. Application for License or Registration; Examination Fee; Establishment of Application Deadline and Fees by Legislative Rule; Prohibiting Discrimination

(a) An applicant for an authorization to practice under the provisions of this chapter shall apply in writing to the proper board and submit the applicable fees.
(b) Each board may establish, by legislative rule, a deadline for an application for an examination.
(c) Notwithstanding the specific fees set forth in this chapter, each board may set fees by legislative rule that are sufficient to enable the board to effectively carry out its duties and responsibilities. At least thirty days prior to proposing a rule on fees, the board shall notify its membership of the proposed rule by:
(1) Mailing a copy of the proposed rule to its membership; or
(2) Posting the proposed rule on its website and notifying its membership of the website posting by:
(A) Mailing a postcard;
(B) Emailing a notice; or
(C) Placing a notice in its newsletter.
(d) In addition to any other information required by the board, an applicant's social security number shall be recorded on an application: Provided, That the board shall redact the social security number on any copies provided to the public.
(e) A board may not discriminate against an applicant because of political or religious opinion or affiliation, marital status, race, color, gender, creed, age, national origin, disability or other protected group status.
(f) A board may deny an applicant an authorization to practice in this state if an applicant's authorization to practice in another jurisdiction has been revoked. The denial may be made by the board without a hearing unless the applicant requests a hearing within thirty days of the denial. A hearing must be conducted pursuant to the provisions of this article or the provisions contained in the rules of the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-7. Contents of License or Certificate of Registration

Every license or certificate of registration issued by each board shall bear a serial or license number, the full name of the applicant, the date of issuance, and the seal of the board: Provided, That licenses or certificates of registration issued or renewed on or after July 1, 2003, will indicate both the date of issuance and the date of expiration. The licenses or certificates of registration shall be signed by the board's president and secretary or executive secretary. No license or certificate of registration granted or issued under the provisions of this chapter may be assigned.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-7a. Continuing Education

(a) A board referred to in this chapter shall establish continuing education requirements as a prerequisite to license renewal. A board shall develop continuing education criteria appropriate to its discipline, which shall include, but not be limited to, course content, course approval, hours required, and reporting periods.
(b) Notwithstanding any other provision of this code, a person issued an initial license to practice medicine and surgery, a license to practice podiatry or licensed as a physician assistant by the West Virginia Board of Medicine; a person issued a license to practice dentistry by the West Virginia Board of Dental Examiners; a person issued a license to practice optometry by the West Virginia Board of Optometry, a person licensed as a pharmacist by the West Virginia Board of Pharmacy; a person licensed to practice registered professional nursing or licensed as an advanced nurse practitioner by the West Virginia Board of Examiners for Registered Professional Nurses; a person licensed as a licensed practical nurse by the West Virginia State Board of Examiners for Licensed Practical Nurses; and a person licensed to practice medicine and surgery as an osteopathic physician and surgeon, or licensed or certified as an osteopathic as physician assistant by the West Virginia Board of Osteopathy shall complete drug diversion training, best-practice prescribing of controlled substances training, and training on prescribing and administering an opioid antagonist if that person prescribes, administers, or dispenses a controlled substance as that term is defined in 60A-1-101 of this code.
A person who receives his or her initial license or certificate from any of the boards set forth in this section shall complete the continuing education requirements set forth in this section within one year of receiving his or her initial license from that board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-8a. Reinstatement of License

(a) Every board referred to in this chapter is authorized to consider the reinstatement of any license or registration that has been suspended, revoked or not renewed, upon a showing that the applicant can resume practicing with reasonable skill and safety.
(b) Each board may adopt a procedural rule in accordance with the provisions of article three, chapter twenty-nine-a of this code, specifying forms and procedures for application for reinstatement.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-8b. Mediation of Complaints

(a) Any board referred to in this chapter may, on its own motion or by stipulation of the parties, refer any complaints against persons licensed under this chapter to mediation.
(b) Any board may maintain a list of mediators with expertise in professional disciplinary matters or may obtain a list from the West Virginia center for dispute resolution or the West Virginia State Bar's mediator referral service. The board shall designate a mediator from the list by neutral rotation.
(c) The mediation is not considered a proceeding open to the public and any reports and records introduced at the mediation are not part of the public record. The mediator and all participants in the mediation shall maintain and preserve the confidentiality of all proceedings and records. The mediator may not be subpoenaed or called to testify or otherwise be subject to process requiring disclosure of confidential information in any proceeding relating to or arising out of the disciplinary or licensure matter mediated: Provided, That any confidentiality agreement and any written agreement made and signed by the parties as a result of mediation may be used in any proceedings subsequently instituted to enforce the written agreement. The agreements may be used in other proceedings if the parties agree to the use in writing.
(d) The mediation may not be used to delay any disciplinary proceeding.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-9. Administrative Appeal of Board Action; Judicial Review

(a) A person, not an applicant for or holder of a license to practice law, who has been denied a license or registration; whose certificate, license, registration, or authority has been suspended or revoked; or against whom disciplinary action has been otherwise imposed may appeal the final decision of the board.
(b) All proceedings in the appeal of the boards action, and any judicial review thereof, shall be conducted in accordance with the provisions of 29A-5-1
et seq
. of this code and any procedural rules adopted by the board pursuant thereto.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-10. Disposition of Money Fines; Legislative Audit; Review of Board"s Fee Structure

(a) The secretary of every board referred to in this chapter shall receive and account for all money which it derives pursuant to the provisions of this chapter which are applicable to it. With the exception of money received as fines, each board shall pay all money which is collected into a separate special fund of the State Treasury which has been established for each board. This money shall be used exclusively by each board for purposes of administration and enforcement of its duties pursuant to this chapter. Any money received as fines shall be deposited into the General Revenue Fund of the State Treasury. When the special fund of any board accumulates to an amount which exceeds twice the annual budget of the board or $10,000, whichever is greater, the State Treasurer shall:
(1) Transfer the excess amount to the state General Revenue Fund; and
(2) Notify the Legislative Auditor that the transfer has been made.
(b) (1) Every licensing board which is authorized by the provisions of this chapter shall be subject to audit by the office of the Legislative Auditor.
(2) Within a reasonable time after the State Treasurer notifies the Legislative Auditor of a transfer required to be made under this section, the Legislative Auditor shall conduct a review of the fee structure of the applicable board to determine if the amount of the boards fees generate excessive revenue, when compared to the boards normal expenses. If the Legislative Auditor finds that excess revenue is generated, he or she shall report his or her findings to the Legislatures Joint Standing Committee on Government Organization, along with recommendations on how the fees can be adjusted to generate only the amount the board reasonably needs to operate under this chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-11. Compensation of Members; Expenses

(a) Each member of every board in this chapter is entitled to receive compensation for attending official meetings or engaging in official duties not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law. A board member may not receive compensation for travel days that are not on the same day as the official meeting or official duties.
(b) The limitations contained in this section do not apply if they conflict with provisions of this chapter relating to a particular board and enacted after January 1, 1995.
(c) A board may reimburse actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of official duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.
(d) No member of any board in this chapter may receive compensation as an employee of the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-12a. Prohibition Against Disclosure of Personally Identifiable Information; Exceptions

(a) Definitions.
"Personally identifiable information" or "PII" means any information that identifies, or can be used to identify, locate, contact, or impersonate a particular individual.
"Sensitive PII" means those elements of PII that must receive heightened protection due to legal or policy requirements, including, but not limited to:
(1) Social Security numbers;
(2) Credit card numbers;
(3) Health and medical data;
(4) Drivers License numbers; and
(5) Individual financial account numbers.
(b) A board may not disclose sensitive PII of applicants, licensees, registrants, or other individuals except as necessary to comply with West Virginia or federal law, court order, or subpoena.
(c) Nothing in 30-1-12 or 30-1-12a of this code shall prohibit a board from providing information related to the qualifications and practice of licensees and registrants on the boards website, including but not limited to educational and training qualifications, specialties, and practice addresses.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-13. Roster of Licensed or Registered Practitioners

The secretary of every board shall prepare and maintain a complete roster of the names of all persons licensed, or registered, and practicing in this state the profession or occupation to which such board relates, arranged alphabetically by name. Each board shall make the roster available upon request to any member of the public and shall also place and maintain the roster on its website.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-14. Remission of Certain Fees

Every board of examination or registration referred to in this chapter is hereby authorized, under such rules and regulations as may be adopted by each board, to remit all annual license or annual registration fees required to be paid by any licensee or registrant under its supervision during such time as such licensee or registrant is serving with the Armed Forces of the United States of America, and to retain the name of such licensee or registrant in good standing on the roster of said board during said time.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-15. Office of Executive Secretary of the Health Profession Licensing Boards; Appointment of Executive Secretary; Duties

The office of the executive secretary of the health professional licensing boards is hereby created. The health profession licensing boards shall include those boards provided for in articles two-a, four, five, six, seven, seven-a, eight, ten, fourteen, sixteen, seventeen, twenty, twenty-one, twenty-five and twenty-six of chapter thirty of this code. Notwithstanding any other provision of this code to the contrary the office space personnel, records and like business affairs of the health profession licensing boards shall be within the office of the executive secretary of the health profession licensing boards. The secretaries of each of the health profession licensing boards shall coordinate purchasing, record keeping, personnel, use of reporters and like matters under the executive secretary in order to achieve the most efficient and economical fulfillment of their functions. The executive secretary shall be appointed by the director of health and shall report to the director. The executive secretary shall keep the fiscal records and accounts of each of the boards. The executive secretary shall keep the director informed as to the needs of each of the boards. The executive secretary shall coordinate the activities and efforts of the boards with the activities of the health resources advisory council and shall see that the needs for health manpower perceived by the boards are communicated to the health resources advisory council. The executive secretary shall keep any statistics and information on health professions, collected by or for the boards and shall make such statistics and information available to the health resources advisory council to aid it in carrying out its responsibilities.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-16. Liability Limitations of Peer Review Committees and Professional Standards Review Committees

No member of a peer review committee or a professional standards review committee of a state or local professional organization, including, but not limited to, committees established to review the practices of doctors of chiropractic, doctors of veterinary medicine, doctors of medicine, doctors of dentistry, attorneys at law, real estate brokers, architects, professional engineers, certified public accountants, public accountants or registered nurses shall be deemed liable to any person for any action taken or recommendation made within the scope of the functions of the committee, if the committee member acts without malice and in the reasonable belief that such action or recommendation is warranted by the facts known to him after reasonable effort to obtain the facts of the matter as to which such action is taken or recommendation is made.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-17. Annual Reports

(a) A licensing board, organized under the provisions of this chapter, may submit its annual report on electronic media to be filed in the same manner as a printed annual report, or transmitted electronically via the Internet. Any report filed in an electronic format shall be considered as having satisfied the filing requirements.
(b) If a board chooses to submit its annual report electronically, it shall transmit an electronic copy to the legislative manager.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-18. Retired, Volunteer and Inactive Status Licenses

(a) Every board referred to in this chapter may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to establish licensure criteria and continuing education requirements for retired, volunteer and inactive licenses.
(b) If a board which establishes licensure criteria as authorized in this section does not establish specific continuing education requirements, the retired, volunteer or inactive licensees shall comply with the same continuing education requirements as established by the respective boards for an active license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-19. Combining Board Staff Functions

(a) Any board referred to in this chapter may combine administrative staff functions with any other board or boards referred to in this chapter, pursuant to the provisions of subsection (b) of this section, to carry out the administrative duties of the boards as set forth in this article, the practice acts of each board set forth in this chapter and the legislative rules of each board: Provided, That each board retains responsibility for fulfilling its statutory duties.
(b) Before combining administrative staff functions pursuant to subsection (a) of this section, the boards shall, in consultation with the office of the Attorney General, enter into a memorandum of understanding with the following provisions:
(1) The names of the boards combining administrative staff functions;
(2) The administrative staff functions being combined, including the staffs' titles and duties relative to each board;
(3) The prorata share of expenses that each board will be responsible for paying, including salaries, office rent, office supplies, telephone, fax and computer services, travel expenses and any other expenses anticipated by the boards;
(4) A description of how decisions will be made by the boards, including employment of staff, the staff's functions and duties, and any other necessary decisions;
(5) A description of how modifications may be made to the terms of the agreement; and
(6) Any other provisions necessary to set forth the agreement of the boards.
(c) The boards that combine administrative staff functions pursuant to this section, may promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code, to make any necessary changes to facilitate the combining of administrative staff functions. The boards may also promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to correct any conflicts with a board's current rules.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-20. Certain Boards to Regulating Health Care Professions to Gather Retirement Information and Include in Annual Reports

(a) The health related professional licensing boards referred to in subsection (c) of this section shall request that their licensees provide the boards with their anticipated retirement dates, age, gender, percentage of time working direct services, percentage of time working administration and county of practice, in order to facilitate planning for future workforce needs for health care professionals.
(b) The boards shall redact personal identifiers and include only aggregate data in the annual reports required by the provisions of section twelve of this article, beginning with the annual report due on or before January 1, 2016.
(c) The provisions of this section apply to:
(1) The West Virginia Board of Medicine, established pursuant to the provisions of article three of this chapter;
(2) The West Virginia Board of Examiners for Registered Professional Nurses, established pursuant to the provisions of article seven of this chapter;
(3) The West Virginia Board of Examiners for Licensed Practical Nurses, established pursuant to the provisions of article seven-a of this chapter;
(4) The West Virginia Board of Pharmacy, established pursuant to the provisions of article five of this chapter;
(5) The West Virginia Board of Dentistry, established pursuant to the provisions of article four of this chapter; and
(6) The West Virginia Board of Osteopathy, established pursuant to the provisions of article fourteen of this chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-21. Exemption From Licensure for Professional Practice for a Charitable Function

(a) A person holding an unrestricted license, certificate, registration or permit granted by another state or jurisdiction to practice a profession or occupation licensed under this chapter may serve as a volunteer without compensation for a charitable function for a period not to exceed ten days, subject to the approval process described in this section:Provided,That a person who has received any completed disciplinary actions in which discipline was ordered in any of the three most recent years, or is the subject of any pending disciplinary actions is not eligible for this charitable exemption from licensure.
(b) The person shall notify the board of the nature of the volunteer charitable practice, the specific dates the person will participate in the charitable practice, and shall provide to the board a list of all professional and occupational licenses, registrations, permits or certificates held in each state or jurisdiction for the previous three years.
(c) Upon a review of the information required by this section, the board shall provide a temporary authorization to a qualified volunteer to participate in the volunteer activity for the duration not to exceed ten days. Each board shall keep a record of each authorization issued pursuant to his section.
(d) The board may not charge a fee to authorize this charitable practice.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-23. Waiver of Initial Licensing Fees for Certain Individuals; Definitions

(a) As used in this section:
(1) "Initial" means obtaining a license in West Virginia for the occupation sought for the first time;
(2) "Low-income individuals" means individuals in the local labor market as defined in §21-1C-2 of this code whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition Assistance Program; and
(3) "Military families" means any person who serves as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U.S.C. §101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried.
(b) Each board or licensing authority referred to in this chapter shall waive all initial occupational licensing fees for the following classes of individuals:
(1) Low-income individuals; and
(2) Military families.
(c) Individuals seeking a waiver of initial occupational licensing fees must apply to the appropriate board or licensing authority in a format prescribed by the board or licensing authority. The board or licensing authority shall process the application within 30 days of receiving it from the applicant.
(d) The board or licensing authority shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to implement the provisions of this section.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter › §30-1-25. Primacy of State Regulation of Occupational Practice

The power to regulate occupations for the protection of the public is exclusively a function of the Legislature. A public body or political subdivision may only propose and administer the regulation of a trade, occupation, or profession including, but not limited to, the issuance of a license, requirement of registration, or recognition of a certification to the extent expressly authorized to do so under this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1A. Procedure for Regulation of Occupations and Professions › §30-1A-1. Legislative Findings; Policy

(a) The Legislature finds that regulation should be imposed on an occupation or profession only when necessary for the protection of public health and safety. The Legislature further finds that establishing a procedure for reviewing the necessity of regulating an occupation or profession prior to enacting laws for such regulation and analyzing existing occupational regulations will better enable it to evaluate the need for the regulation and to determine the least restrictive regulation consistent with public health and safety.
(b) For occupational regulations and the boards of this state, it is the policy of this state that:
(1) The right of an individual to pursue a lawful occupation is a fundamental right;
(2) Where the state finds it is necessary to displace competition, it will use the least restrictive regulation to protect consumers from present, significant, and substantiated harms that threaten public health and safety; and
(3) Legislative leaders will assign the responsibility to review legislation and laws related to occupational regulations.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1A. Procedure for Regulation of Occupations and Professions › §30-1A-4. Public Hearing and Committee Recommendations

(a) After receiving the required report, the Joint Standing Committee on Government Organization may conduct public hearings to receive testimony from the public, the Governor or his or her designee, the group, organization, or individual who submitted the proposal for regulation, a professional who works in the field, a board member who regulates the profession, and any other interested party.
(b) The Joint Standing Committee on Government Organization may issue additional findings and recommendations regarding:
(1) The least restrictive regulation of the occupation or profession; and
(2) Whether regulation would result in the creation of a new agency or board or could be implemented more efficiently through an existing agency or board.
(c) The Joint Standing Committee on Government Organization shall provide the Performance Evaluation and Research Division of the Office of the Legislative Auditors report and its findings and recommendations, if any, to the next regular session of the Legislature.
(d) The Performance Evaluation and Research Division of the Office of the Legislative Auditor shall publish its report on its website. The Joint Standing Committee on Government Organization shall also make the report and any additional findings and recommendations publicly available.
(e) Any committee considering legislation to enact or modify an occupational regulation shall receive the Performance Evaluation and Research Division of the Office of the Legislative Auditors report and the Joint Standing Committee on Government Organizations findings and recommendations as provided for in subsection (b) of this section, if applicable, prior to voting on the legislation.
(f) Nothing in this article shall be construed to preempt federal regulation or to require a private certification organization to grant or deny private certification to any individual.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1A. Procedure for Regulation of Occupations and Professions › §30-1A-5. Review of Existing Occupational Licenses

(a) Starting on July 1, 2021, the Performance Evaluation and Research Division of the Office of the Legislative Auditor is responsible for annually reviewing those current occupational licenses that the committee chairs select.
(b) The Performance Evaluation and Research Division of the Office of the Legislative Auditor shall review all occupational licenses within the subsequent eight years and shall repeat such review processes in each eight-year period thereafter.
(c) The Performance Evaluation and Research Division of the Office of the Legislative Auditor shall use the criteria set forth in 30-1A-3(c) through 30-1A-3(i) of this code to analyze all existing occupational licenses. The office also may consider research or other credible evidence regarding whether an existing regulation directly helps consumers to avoid present, significant, and recognizable harm.
(d)(1) Starting on July 1, 2022, the Performance Evaluation and Research Division of the Office of the Legislative Auditor shall report the findings of its reviews to the Joint Standing Committee on Government Organization. In its report, the Performance Evaluation and Research Division of the Office of the Legislative Auditor may make recommendations to the committee that the Legislature enact new legislation that:
(A) Repeals the occupational licenses;
(B) Converts the occupational licenses to less restrictive regulation as set forth in the definition of "least restrictive regulation" in 30-1A-1a of this code;
(C) Changes the requisite personal qualifications of an occupational license;
(D) Redefines the scope of practice in an occupational license; or
(E) Reflects other recommendations to the Legislature.
(2) The Performance Evaluation and Research Division of the Office of the Legislative Auditor also may recommend that no new legislation is enacted.
(3) Nothing in this article shall be construed to authorize the office to review the means that a private certification organization uses to issue, deny, or revoke a private certification to any individual, or to require a private certification organization to grant or deny private certification to any individual.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1A. Procedure for Regulation of Occupations and Professions › §30-1A-6. Article Construction

(a) Nothing in this article shall be construed as limiting or interfering with the right of any member of the Legislature to introduce or of the Legislature to consider any bill that would create a new state governmental department or agency or amend the law with respect to an existing department or agency.
(b) Notwithstanding the provisions of subsection (a) of this section, the recommendations of the Joint Standing Committee on Government Organization are to be given considerable weight in determining if a profession or occupation should be regulated, or if the scope of practice of a regulated profession or occupation should be established, revised, or expanded.
(c) In construing any governmental regulation of occupations, including an occupational licensing statute, rule, policy, or practice, the following interpretations are to govern, unless the regulation is unambiguous:
(1) Occupational regulations should be construed and applied to increase economic opportunities, promote competition, and encourage innovation;
(2) Any ambiguities in occupational regulations should be construed in favor of workers and aspiring workers to work; and
(3) The scope of practice in occupational regulations should be construed narrowly to avoid burdening individuals with regulatory requirements that only have an attenuated relationship to the goods and services they provide.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1B. Provisions Applicable to Military Members and Their Spouses › §30-1B-1. Legislative Findings and Declarations

The Legislature finds that:
(1) In recognition of the enormous sacrifices made by members of the Armed Forces of the United States of America and their families in voluntary service to this state and our nation, the citizens of West Virginia must endeavor to find new and innovative ways to improve the lives of military families and support their personal and professional growth;
(2) Many current and former members of the United States Armed Forces have acquired extensive academic, professional and occupational training and experience in various professions and occupations while serving in the Armed Forces, comparable to or exceeding that required in this state to register for examination or qualify for licensure, certification, or registration for similar or related occupations and professions;
(3) Veterans of the armed forces and the spouses of current members who return or relocate to this state are frequently delayed in beginning employment as professionals because of issues with obtaining licenses, certifications or registrations upon arrival or return to West Virginia;
(4) Because of the training and experiences these individuals have and the challenges they may face when seeking licensure, certification, or registration, it is in the best interests of this state to ease these burdens and ensure the boards in this chapter use the relevant experiences of these men and women to ensure they are able to find employment as quickly as possible.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1B. Provisions Applicable to Military Members and Their Spouses › §30-1B-4. Temporary Licensure

All boards referred to in this chapter shall issue a temporary practice permit to a military-trained applicant or military spouse licensed, certified, or registered in another jurisdiction while the military-trained applicant or military spouse is satisfying the requirements for licensure under sections two and three of this section no later than 15 days following receipt of an application; if that jurisdiction has licensure, certification, or registration standards substantially equivalent to the standards for licensure, certification, or registration of a board in this state. The temporary practice permit shall be issued using the same information as provided by the applicant in the licensure application and remain valid for the later of one year or the required renewal date for the occupation the temporary practice permit was issued for or until a license, certification, or registration is granted by the board. A temporary practice permit may be denied or revoked for a pending complaint after notice is provided to the military-trained applicant or military spouse as set forth under 30-1B-2(a)(3), 30-1B-3(a)(3), or 30-1B-3(a)(4) of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1B. Provisions Applicable to Military Members and Their Spouses › §30-1B-6. Rule-Making Authority

The Boards referred to in this chapter may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article. Proposed rules may:
(1) Establish criteria or requirements for military education, training and experience that qualify the applicant to take an examination for licensure, certification or registration or for a waiver of any examination requirement to be licensed, certified or registered; and
(2) Implement the provisions of this article while ensuring competency, protecting the citizens of this state from harm, and addressing issues specific to each profession.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1C. Interstate Medical Licensure Compact › §30-1C-1. Purpose

In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The Compact creates another pathway for licensure and does not otherwise change a state's existing medical practice statutes. The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located.
State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1C. Interstate Medical Licensure Compact › §30-1C-3. Eligibility

(a) A physician must meet the eligibility requirements as defined in section two, subsection (l) of this article to receive an expedited license under the terms and provisions of the Compact.
(b) A physician who does not meet the requirements of section two of this article may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the Compact, relating to the issuance of a license to practice medicine in that state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1C. Interstate Medical Licensure Compact › §30-1C-4. Designation of State of Principal License

(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
(1) The state of primary residence for the physician;
(2) The state where at least twenty-five percent of the practice of medicine occurs; or
(3) The location of the physician's employer; or
(4) If no state qualifies under subdivision (1), (2), or (3) of this subsection, the state designated as state of residence for purpose of federal income tax.
(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a) of this section.
(c) The Interstate Commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1C. Interstate Medical Licensure Compact › §30-1C-5. Application and Issuance of Expedited Licensure

(a) A physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.
(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician's eligibility, to the Interstate Commission.
(1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the Interstate Commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.
(2) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. §731.202.
(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.
(c) Upon verification in subsection (b) of this section, physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (a) of this section, including the payment of any applicable fees.
(d) After receiving verification of eligibility under subsection (b) of this section and any fees under subsection (c) of this section, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the Medical Practice Act and all applicable laws and regulations of the issuing member board and member state.
(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.
(f) An expedited license obtained though the Compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without redesignation of a new state of principal licensure.
(g) The Interstate Commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1C. Interstate Medical Licensure Compact › §30-1C-6. Fees for Expedited Licensure

(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Compact.
(b) The Interstate Commission is authorized to develop rules regarding fees for expedited licenses.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1C. Interstate Medical Licensure Compact › §30-1C-7. Renewal and Continued Participation

(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician:
(1) Maintains a full and unrestricted license in a state of principal license;
(2) Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and
(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(c) The Interstate Commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
(d) Upon receipt of any renewal fees collected in subsection (c) of this section, a member board shall renew the physician's license.
(e) Physician information collected by the Interstate Commission during the renewal process will be distributed to all member boards.
(f) The Interstate Commission is authorized to develop rules to address renewal of licenses obtained through the Compact.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1C. Interstate Medical Licensure Compact › §30-1C-8. Coordinated Information System

(a) The Interstate Commission shall establish a database of all physicians licensed, or who have applied for licensure, under section five of this article.
(b) Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Compact.
(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.
(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) of this section to the Interstate Commission.
(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
(f) All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.
(g) The Interstate Commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 1C. Interstate Medical Licensure Compact › §30-1C-9. Joint Investigations

(a) Licensure and disciplinary records of physicians are deemed investigative.
(b) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
(c) A subpoena issued by a member state shall be enforceable in other member states.
(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.