reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-21. Surveyor-in-Charge Requirements

(a) A firm practicing surveying must operate all surveying activities under the supervision and management of a surveyor-in-charge who shall be a licensee who is licensed in this state.
(b) The designated surveyor-in-charge is responsible for the surveying work in this state provided by the firm.
(c) A licensee cannot be designated as a surveyor-in-charge for more than one firm without approval of the board.
(d) A licensee who performs part-time or consulting surveying services for a firm cannot be designated as a surveyor-in-charge for that firm unless the licensee is an officer, a majority interest holder or owner of the firm.
(e) The responsibilities of a surveyor-in-charge include:
(1) Renewal of the certificate of authorization;
(2) Notification to the board of any change in the surveyor-in-charge;
(3) Supervising the firm's employees, including licensees, and other personnel providing surveying services in this state; and
(4) Ensuring that the policies of the firm adhere to the provisions of this article.
(f) The board may authorize a licensee to supervise the work of an individual that is not an employee of the licensee, nor is employed by the same firm as the licensee. The potential supervisor must apply to the board for this authorization.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-23. Procedures for Hearing

(a) Hearings are governed by the provisions of section eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive secretary of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee or certificate holder has violated provisions of this article, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-24. Judicial Review

Any licensee or certificate holder adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-25. Criminal Proceedings; Penalties

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person has knowingly violated the provisions of this article, the board may bring its information to the attention of the appropriate law-enforcement officer who may cause appropriate criminal proceedings to be brought.
(b) If a court of law finds that a person knowingly violated this article, any order of the board or any final decision of the board, then the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined no less than $100 and no more than $1,000 for each violation, confinement in a regional correctional facility for up to thirty days for each violation, or both fined and confined.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-1. License Required

It is unlawful for any person to practice or offer to practice medicine and surgery as an osteopathic physician and surgeon in this state without a license or permit issued by the West Virginia Board of Osteopathic Medicine: Provided, That any license heretofore issued under the laws of this state, authorizing its holder to practice osteopathy and surgery, shall in no way be affected by the enactment of this article; except that the holder of every such license shall be subject to all of the provisions of this article respecting the requirements and obligations herein prescribed for the continuance in force of such license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-2. Definitions

"Accreditation Council for Graduate Medical Education" (ACGME) is the body responsible for accrediting the majority of graduate medical education programs for physicians (both medical doctors and doctors of osteopathic medicine), including medical internship, residency, and fellowship programs;
"Accredited osteopathic college" means a college of osteopathy and surgery which requires as a minimum prerequisite for admission preprofessional training of at least two years of academic work in specified scientific subjects, as prescribed by the board or by the college accrediting agency of the American Osteopathic Association, in an accredited college of arts and sciences and which requires for graduation a course of study approved by the board in accordance with the minimum standards established by the American Osteopathic Association;
"American Osteopathic Association" (AOA) is the entity that serves as the primary certifying body for osteopathic physicians and is the accrediting agency for osteopathic graduate medical education. Prior to the implementation of a single accreditation system for graduate medical education in the United States of America under the ACGME, which began in 2015 and will be fully implemented by July 1, 2020, the AOA also served as the accrediting body for osteopathic graduate medical education programs in the United States of America;
"Approved program of post-graduate clinical training" means a program of clinical training approved by, or subject to approval by, the American Osteopathic Association or approved by the Accreditation Council for Graduate Medical Education for the purposes of intern or resident training;
"Board" means the West Virginia Board of Osteopathic Medicine:
Provided,
That where used elsewhere in the code, the West Virginia Board of Osteopathy and Board of Osteopathy shall also mean the West Virginia Board of Osteopathic Medicine;
"License" means legal authorization issued by the board to a fully qualified osteopathic physician to engage in the regular practice of osteopathic medicine and surgery;
"Osteopathy" means that system of the healing art which places the chief emphasis on the structural integrity of the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease;
"Permit" means a limited, legal authorization issued by the board to an osteopathic physician to practice osteopathic medicine and surgery in this state while serving under special circumstances of public need or while undergoing post-graduate clinical training as a prerequisite to licensure;
"Reciprocal endorsement" means a duly authenticated verification of the board, addressed to a board or agency of another country, state, territory, province, or the District of Columbia, vouching that a license issued to an osteopathic physician and surgeon pursuant to the laws of this state is currently valid and not suspended or revoked for any cause or causes specified in this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-4. Application for License or Educational Permit

(a) Each applicant for examination by the board, with the exception of assistants to osteopathic physicians and surgeons, as hereinafter provided, shall submit an application therefor on forms prepared and furnished by the board.
(b) Each applicant for a license shall furnish evidence, verified by oath and satisfactory to the board, establishing that the applicant has satisfied the following requirements:
(1) The applicant is 18 years of age or over;
(2) The applicant has graduated from an accredited osteopathic college;
(3) The applicant has successfully completed a minimum of one year of post-doctoral, clinical training in a program approved by the American Osteopathic Association or the Accreditation Council for Graduate Medical Education.
(c) Each applicant for an educational permit shall furnish evidence, verified by oath and satisfactory to the board, establishing that the applicant has satisfied the following requirements:
(1) The applicant is 18 years of age or over;
(2) The applicant has graduated from an accredited osteopathic college; and
(3) The applicant is under contract as an intern or resident in an approved program of post-graduate clinical training.
(d) The board may not issue a license or permit to any person until the applicant has paid the application fee established by legislative rule of the board.
(e) In order to give timely effect to the amendments to this section and 30-14-10 of this article, the board is authorized to propose a legislative rule consistent with these amendments as an emergency rule under the provisions of 29A-3-15 of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-5. Examination

In order to receive a license to practice osteopathic medicine and surgery, an applicant must satisfactorily complete a standard, national examination, specified through legislative rule of the board or an examination administered by the licensing authority of another state and approved by the board as equivalent to the national examination or to the former West Virginia state examination.
The examination for a license to practice medicine and surgery as an osteopathic physician and surgeon shall cover substantive and clinical knowledge in all the essential branches of medicine and surgery including anatomy, physiology, chemistry, pharmacology, pathology, public health--preventive medicine, surgery, obstetrics and gynecology, osteopathic medicine, materia medica principles and practice of osteopathy. The list of subjects may be expanded or regrouped at the discretion of the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-6. Issuance of License Without Examination; Fee

The board may at its discretion issue a license without examination to an applicant who has been licensed by the national board of examiners for osteopathic physicians and surgeons, and to an applicant who has been licensed by examination in any country, state, territory, province or the District of Columbia, provided the requirements for licensure in the country, state, territory, province or the District of Columbia in which the applicant is licensed are deemed by the board to have been equivalent to requirements for licensure in this state at the date such license was issued. The board may also at its discretion issue a license without examination to an osteopathic physician and surgeon who is a graduate of an accredited osteopathic college and who has passed the examination for admission into the medical corps of any of the armed services of the United States or the United States Public Health Service. But no license shall be issued under the provisions of this section until the person applying therefor shall have paid to the board a reasonable fee, the amount of such reasonable fee to be set by the board rules, and any other fees applicable to investigation.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-8. Temporary Permits

A temporary permit to practice in areas where medical services are needed, as determined by the board, may be granted by the board to a qualified applicant eligible for licensure who applies for examination during the period between examinations or regular meetings of the board. A temporary permit may also be granted by the board to a qualified applicant eligible for licensure by national boards or reciprocity for a period of thirty days, in which time applicant must appear before one of the board members for an interview for permanent licensure. Such temporary permit shall be effective until its holder has either been granted or denied a license at the next regular meeting of the board. Such permit shall be subject to revocation when, in the opinion of the board, the terms and conditions prescribed in the permit have been violated.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-9. Duties and Rights of Osteopathic Physicians and Surgeons

Osteopathic physicians and surgeons licensed hereunder shall have the same rights and privileges as physicians and surgeons of other schools of medicine.
Osteopathic physicians and surgeons shall observe and be subject to all state and municipal regulations relative to reporting births and deaths and all matters pertaining to the public health with equal rights and obligations as physicians of other schools of medicine, and such reports shall be accepted by the officers of the department to which the same are made.
Osteopathic physicians and surgeons licensed hereunder shall have the same rights and privileges as physicians and surgeons of other schools of medicine with respect to the treatment of cases or the holding of health offices or offices in public institutions.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-9a. Osteopathic Medical Corporations — Application for Registration; Fee; Notice to Secretary of State of Issuance of Certificate; Action by Secretary of State

(a) One or more osteopathic physicians, allopathic physicians, or physician assistants may form an osteopathic medical corporation. An osteopathic physician or osteopathic physician assistant shall file a written application with the board on a form prescribed by the board, and shall furnish proof satisfactory to the board that the signer or all of the signers of such application is or are duly licensed. A reasonable fee, to be set by the board rules, shall accompany the application, no part of which shall be returnable.
(b) If the board finds that the signer or all of the signers of the application are licensed, the board shall notify the Secretary of State that a certificate of authorization has been issued.
(c) When the Secretary of State receives notification from the board that a certain individual or individuals has or have been issued a certificate of authorization, he or she shall attach the authorization to the corporation application and upon compliance by the corporation with §31-1-1 et seq. of this code, the Secretary of State shall notify the incorporators that the corporation may engage in the appropriate practice.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-10. Renewal of License; Fee; Refresher Training a Prerequisite; Effect of Failure to Renew; Reinstatement; Educational Permit

(a) All holders of licenses to practice as osteopathic physicians and surgeons in this state shall renew the licenses biennially on or before July 1, by the payment of a renewal fee, to the board. The board shall notify each licensee of the necessity of renewing his or her license at least thirty days prior to the expiration of the license.
(b) As a prerequisite to renewal of a license issued by the board, each licensee shall furnish biennially to the board satisfactory evidence of having completed thirty-two hours of educational refresher course training, of which the total amount of hours must be approved by the American Osteopathic Association, and fifty percent of the required thirty-two hours shall be classified as category (1).
(c) The failure to renew a license shall operate as an automatic suspension of the rights and privileges granted by its issuance. The board may propose rules for legislative approval, pursuant to the provisions of article three, chapter twenty-nine-a of this code, providing that an osteopathic physician may renew a license on an inactive basis.
(d) A license suspended by a failure to make a biennial renewal thereof may be reinstated by the board upon compliance of the licensee with the following requirements:
(1) Presentation to the board of satisfactory evidence of educational refresher training of quantity and standard approved by the board for the previous two years;
(2) Payment of all fees for the previous two years that would have been paid had the suspended licensee maintained his or her license in good standing; and
(3) Payment to the board of a reinstatement fee specified by legislative rule of the board.
(e) An educational permit authorizes the holder to practice osteopathic medicine and surgery only for work performed within an approved program of post-graduate clinical training under the supervision of a duly licensed osteopathic or allopathic physician. The first educational permit issued to a graduate of an accredited osteopathic college may be valid for a period of fifteen months and subsequent educational permits issued to the same person may be valid for not more than twelve months. An educational permit shall expire upon the termination of the permit holder from an approved program of post-graduate clinical training and may also be suspended or revoked by the board at any time upon grounds defined by the board by legislative rule.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-11. Refusal, Suspension or Revocation of License; Suspension or Revocation of Certificate of Authorization

(a) The board may refuse to issue a license, suspend or revoke a license, fine a licensee, order restitution or rehabilitative action by a licensee, or order a combination thereof for any one or more of the following causes:
(1) Conviction of a felony, as shown by a certified copy of the record of the trial court: Provided, That if the conviction is for an offense that involves the transfer, delivery or illicit possession of a prescription drug, then the board shall revoke or refuse to issue the license of the convicted physician or physician’s assistant for a period of time until the physician or physician’s assistant demonstrates a record of rehabilitation and that he or she has the integrity, moral character and professional competence to practice in this state;
(2) Conviction of a misdemeanor involving moral turpitude;
(3) Violation of any provision of this article regulating the practice of osteopathic physicians and surgeons;
(4) Fraud, misrepresentation or deceit in procuring or attempting to procure admission to practice;
(5) Gross malpractice;
(6) Advertising by means of knowingly false or deceptive statements;
(7) Advertising, practicing or attempting to practice under a name other than one’s own;
(8) Habitual drunkenness, or habitual addiction to the use of morphine, cocaine or other habit-forming drugs; or
(9) Knowingly failing to report to the board any act of gross misconduct committed by another licensee of the board.
(b) The board shall also have the power to suspend or revoke for cause any certificate of authorization issued by it. It shall have the power to reinstate any certificate of authorization suspended or revoked by it.
(c) An osteopathic physician licensed under this article may not be disciplined for providing expedited partner therapy in accordance with article four-f, chapter sixteen of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-12. Offenses; Penalties

(a) Each of the following acts constitutes a misdemeanor, punishable upon conviction by a fine of not less than $1,000 nor more than $10,000:
(1) The obtaining of or an attempt to obtain a license or permit to practice in the profession for money or any other thing of value, by fraudulent misrepresentation;
(2) The making of any willfully false oath or affirmation whenever an oath or affirmation is required by this article; and
(3) Advertising, practicing or attempting to practice under a name other than one’s own.
(b) Any person who practices or attempts to practice osteopathic medicine without a license or permit is guilty of a felony and, upon conviction, shall be fined not more than $10,000, or imprisoned in a correctional facility for not less than one year nor more than five years, or both fined and imprisoned.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-12c. License to Practice as an Osteopathic Physician and Surgeon at Certain State Veterans Nursing Home Facilities

(a) The board is authorized and encouraged to the best of its ability to issue a license to practice as an osteopathic physician and surgeon in this state without examination to a physician that currently holds a license to practice as an osteopathic physician and surgeon at a Federal Veterans Administration Hospital upon completion of an application form prescribed by the board and who presents satisfactory proof to the board that he or she is currently employed and practicing in a Federal Veterans Administration Hospital that is located in a county in which a nursing home operated by the West Virginia Department of Veteran's Assistance is located: Provided, That the osteopathic physician shall maintain an valid, unrestricted license to practice osteopathic medicine in another state.
(b) The practice for which an osteopathic physician and surgeon is licensed under this section is limited to practice in a nursing home operated by the West Virginia Department of Veteran's Assistance that is located in the same county in which the Federal Veterans Administration Hospital where the individual is employed.
(c) No fee may be assessed to an individual licensed or seeking licensure pursuant to this section.
(d) The board shall propose emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to implement the provisions of this section.
(e) The board shall report to the Legislative Oversight Commission on Health and Human Resources Accountability and the Legislative Oversight Commission on Education Accountability by July 1, 2016 on the implementation of this section including the number of licenses issued, number of complaints, and any other pertinent legislation.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-14. Rulemaking

(a) The board shall propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for licenses and permits;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare or administer, or both, examinations and reexaminations;
(4) Educational and experience requirements;
(5) Standards for approval of courses and curriculum;
(6) Procedures for the issuance and renewal of licenses and permits;
(7) A fee schedule;
(8) Regulation of osteopathic medical corporations;
(9) Regulation of profession limited liability companies;
(10) Regulation of osteopathic physician assistants;
(11) Continuing education requirements for licensees;
(12) The standards for and limitations upon the utilization of telemedicine technologies;
(13) The procedures for denying, suspending, restricting, revoking, reinstating or limiting the practice of licensees and permittees;
(14) Adopting a standard for ethics;
(15) Requirements for revoked licenses or permits; and
(16) Any other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect and not in conflict with these provisions shall remain in effect until they are amended or rescinded.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 14. Osteopathic Physicians and Surgeons › §30-14-16. Combining Staff Functions With West Virginia Board of Medicine

The West Virginia Board of Osteopathic Medicine may employ investigators, attorneys, clerks and administrative staff in collaboration with the West Virginia Board of Medicine to share duties and functions between the two boards when it may be efficient and practical for the functioning of the boards. Any sharing of staff or staff resources shall be documented and performed pursuant to the provisions of section nineteen, article one of this chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-1. Purpose and Legislative Intent

It is declared to be a policy of this state that the practice of chiropractic is a privilege granted to qualified persons and that, in order to safeguard the public health, safety and welfare, protect the public from the unprofessional, improper, incompetent and unlawful practice of chiropractic, it is necessary to provide regulatory authority over persons practicing chiropractic. The primary responsibility and obligation of the West Virginia board of chiropractic is to protect the public.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-2. License Required; Exceptions

(a) No person may practice or offer to practice, in this state, chiropractic without a license issued by the West Virginia board of chiropractic. A certificate or license issued under the laws of this state, authorizing its holder to practice chiropractic, before the effective date of this article is not affected by the enactment of this article, except that the holder of a certificate of license issued prior to the effective date of this article is subject to all the provisions of this article respecting the requirements and obligations prescribed for the continuance in force of the certificate of license.
(b) This article does not prohibit:
(1) Students from engaging in training in a chiropractic school accredited by the counsel on chiropractic education or its successor;
(2) Licensed chiropractors from providing service in cases of emergency where no fee or other consideration is contemplated, charged or received;
(3) Commissioned chiropractic officers of the Armed Forces of the United States and chiropractic officers of the United States Public Health Service or the Veterans' Administration of the United States from discharging their official duties, except:
(A) Those officers who hold chiropractic licenses in the state are subject to the provisions of this article; and
(B) Those officers shall be fully licensed to practice chiropractic in one or more jurisdictions of the United States;
(4) Individuals from practicing the tenets of a religion or administering to the sick or suffering by mental or spiritual means in accord with the tenets. This provision does not exempt these individuals from the public health laws of the state or federal government; or
(5) A person from administering a lawful domestic or family remedy to a member of his or her own family.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-3. Definitions

The following words, unless the context clearly indicates otherwise, have the meaning ascribed to them in this section:
(1) "Board" means the West Virginia board of chiropractic;
(2) "Chiropractor" means a practitioner of chiropractic;
(3) "Chiropractic services" means those health care services provided within the scope of chiropractic practice as defined by this article and by chiropractors licensed by the board;
(4) "Chiropractic" is the science and art which utilizes the inherent recuperative powers of the body and the relationship between the neuromusculoskeletal structures and functions of the body, particularly of the spinal column and the nervous system, in the restoration and maintenance of health. The use of the designation doctor of chiropractic, chiropractor, chiropractic physician or D.C., is the practice of chiropractic.
The practice of chiropractic also includes the examination and assessment of members of the public that are not patients of the examining chiropractor. Further, the practice of chiropractic includes the review of information relating to the duration and necessity of chiropractic care that affects the course of care, the treatment plan or payment and reimbursement concerning chiropractic patients residing within the State of West Virginia.
The practices and procedures which may be employed by doctors of chiropractic are based on the academic and clinical training received in and through chiropractic colleges accredited by the council of chiropractic education or its successors and as determined by the board. These include the use of diagnostic, analytical and therapeutic procedures specifically including the adjustment and manipulation of the articulations and adjacent tissues of the human body, particularly of the spinal column, including the treatment of intersegmental disorders. Patient care and management is conducted with due regard for environmental and nutritional factors, as well as first aid, hygiene, sanitation, rehabilitation and physiological therapeutic procedures designed to assist in the restoration and maintenance of neurological integrity and homeostatic balance;
(5) "Spinal manipulation" and "spinal adjustment" are interchangeable terms that identify a method of skillful and beneficial treatment where a person uses direct thrust or leverage to move a joint of the patient's spine beyond its normal range of motion, but without exceeding the limits of anatomical integrity.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-4. West Virginia Board of Chiropractic; Establishment and Composition

(a) The "West Virginia Board of Chiropractic" is continued. Effective July 1, 2012, the board is composed of four licensed chiropractors and one person to represent the interest of the public. All are appointed by the Governor, with the advice and consent of the Senate, from a list of three names recommended by the West Virginia Chiropractic Society, Incorporated. Each chiropractic member of the board shall have been a resident of and engaged in the active practice of chiropractic in the state for a period of at least five years preceding his or her appointment.
(b) As existing board members' terms expire, newly appointed board members are appointed by the Governor for a term of office of three years. No member may serve more than two full consecutive three-year terms. When a vacancy in the membership of the board occurs for a cause other than the expiration of a term, the Governor shall appoint a new member from a list of three names recommended by West Virginia Chiropractic Society, Incorporated, to fill the unexpired portion of the term of office.
(c) The Governor may remove any member of the board in case of incompetency, neglect of duty, gross immorality or malfeasance in office.
(d) The board shall conduct an annual training program to familiarize new board members with their duties.
(e) Each member of the board is entitled to receive compensation in the amount paid to members of the Legislature for interim duties for each day or substantial portion that he or she is engaged in the work of the board or of its committees. Members are entitled to be reimbursed for actual and necessary expenses incurred in carrying out his or her duties.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-5. Powers and Duties of the Board

(a) The board shall:
(1) Administer, coordinate and enforce the provisions of this article, evaluate the qualifications of applicants, supervise the examination of applicants, issue or deny original or endorsement licenses;
(2) Investigate allegations of violations of this article and impose penalties if violations of this article have occurred;
(3) Propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, which shall after adoption govern and control the professional conduct of every person who holds a license to practice chiropractic in this state, and which shall include, but not be limited to, rules that:
(A) Delineate qualifications for licensure, including qualifications for practice in specialties;
(B) Specify requirements for the renewal of licensure;
(C) Set forth procedures for licensure of chiropractors;
(D) Establish a fee schedule for the amount and payment of all fees and charges;
(E) Establish standards of professional conduct;
(F) Establish procedures for disciplinary actions and complaint resolutions; and
(G) Provide for duties of board members;
(4) Evaluate the professional education and training of applicants for licensure and licensure renewal;
(5) Evaluate the previous professional performance of applicants for licensure and licensure renewal;
(6) Accept or deny applications for license renewal;
(7) Establish appropriate fees and charges to support the active and effective pursuit of its legal responsibilities;
(8) Employ personnel as determined by its needs and budget;
(9) Request legal advice and assistance, as needed, from the Attorney General;
(10) Enter into contracts necessary to carry out its responsibilities under this article, including contracts for professional services that may include investigation, financing or legal services;
(11) Develop and adopt a budget; and
(12) Communicate disciplinary actions to relevant state and federal authorities and to other state chiropractic licensing authorities.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-7. Examination; Certificates of License

(a) No person may receive a license to practice chiropractic unless he or she successfully completes the national board of chiropractic examination Parts I, II, III and IV and an oral examination administered by the board covering jurisprudence. Examinations shall be conducted at least two times throughout the calendar year and the board shall issue certificates of license to all applicants who successfully pass the examinations. No license may be issued under this section until the person applying has paid to the board the prescribed fee.
(b) All applicants are required to attain a minimum passing score in each national board Parts I, II, III and IV examinations. All applicants are required to secure an average grade of seventy percent on the oral examination. If an applicant does not successfully complete the oral examination, he or she may retake the oral examination. If a satisfactory score is not achieved on the second attempt, the applicant shall take and successfully complete a national special purposes examination for chiropractic examination before sitting for another oral examination.
(c) Any individual found by the board to have engaged in conduct that subverts or attempts to subvert the chiropractic licensing examination process is, at the discretion of the board, subject to having the scores on the licensing examination withheld or declared invalid, being disqualified from the practice of chiropractic or subjected to other appropriate sanctions. The federation of chiropractic licensing boards shall be informed of all such actions. The board shall provide notification to all applicants of the prohibitions on conduct that subverts or attempts to subvert the licensing examination process and of the sanctions imposed for the conduct. A copy of the notification attesting that he or she has read and understood the notification shall be signed by the applicant and filed with his or her application.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-8. Licensing of Foreign Graduates

(a) Any person wanting to practice chiropractic in this state who is a graduate of a chiropractic school located outside the United States, its territories or possessions, shall establish to the board that the applicant:
(1) Possesses a degree of doctor of chiropractic or a board approved equivalent based upon satisfactory completion of educational programs acceptable to the board;
(2) Is eligible by virtue of his or her chiropractic education and training for unrestricted licensure or authorization to practice chiropractic in the country in which he or she received that education and training;
(3) Has successfully completed all required parts of the examination conducted by the national board of chiropractic;
(4) Has a demonstrated command of the English language; and
(5) Has satisfied all applicable requirements of the United States immigration and naturalization service.
(b) All credentials, diplomas and other required documentation in a foreign language submitted to the board by or on behalf of an applicant, shall be accompanied by notarized English translations acceptable to the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-9. Licensure by Endorsement; Temporary Licensure; Restricted Licensure

(a) The board is authorized, in its discretion, to issue a license by endorsement to an applicant who:
(1) Has complied with all current chiropractic licensing requirements except for the oral examination;
(2) Has passed a chiropractic licensing examination given in English in another state, the District of Columbia or a territory or possession of the United States, that the board determines is equivalent to its own current examination requirements;
(3) Has a valid current chiropractic license in another state, the District of Columbia or a territory or possession of the United States without any past or current disciplinary action taken upon that license; and
(4) Successfully completes an oral examination administered by the board covering jurisprudence and clinical competency.
(b) No license may be issued under the provisions of this section until the person applying has paid to the board the prescribed fee.
(c) The board is authorized, in its discretion, to issue a temporary license to visiting chiropractic physicians and visiting professors for the treatment of individuals involved with special events to applicants demonstrably qualified for a full and unrestricted chiropractic license under the requirements of this article and that hold a current valid license in another state, territory or possession of the United States or the District of Columbia without any past or current disciplinary actions against that license. A temporary license may not be issued under the provisions of this section until the person applying has paid to the board the prescribed fee.
(d) The board is authorized to issue conditional, restricted or otherwise circumscribed licenses for a limited and specific period of time as it determines necessary.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-10. Licensing Chiropractors From Other States; Fee

Persons licensed to practice chiropractic under the laws of any other state, territory or the District of Columbia having requirements equivalent to those of this article, and extending like privileges to practitioners of this state, may in the discretion of the board be licensed to practice in this state without examination. No license may be issued under the provisions of this section until the person applying has completed satisfactorily an oral examination and has paid the fee required by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-12. Impaired Chiropractors

(a) As contained in this section the term impairment is defined as the inability of a licensee to practice chiropractic with reasonable skill and safety by reason of:
(1) Mental illness;
(2) Physical illness, including, but not limited to, physical deterioration that adversely affects cognitive, motor or perceptive skills; or
(3) Habitual or excessive use or abuse of drugs defined in law as controlled substances, of alcohol or other substances that impair ability.
(b) The board may after a probable cause determination and hearing require a licensee or applicant to submit to a mental or physical examination or a chemical dependency evaluation by physicians designated by the board. The results of the examination or evaluation are admissible at any hearing before the board despite any claim of privilege under contrary rule or statute. Every person who receives a license to practice chiropractic or files an application for a license to practice chiropractic thereby consents to submit to a mental or physical examination or a chemical dependency evaluation and has waived all objections to the admissibility of the results in any hearing before the board. If a licensee or applicant fails to submit to an examination or evaluation when properly directed to do so by the board, the board may enter a final order upon proper notice, hearing and proof of their refusal.
(c) Upon the determination by the board after examination and hearing that a licensee is impaired the board shall take one or more of the following actions:
(1) Direct the licensee to submit to care, counseling or treatment acceptable to the board;
(2) Suspend, limit or restrict the chiropractic license for the duration of the impairment; or
(3) Revoke the chiropractic license.
(d) Any licensee or applicant prohibited from practicing chiropractic under this section, shall at reasonable intervals be afforded an opportunity to demonstrate to the satisfaction of the board that he or she can assume or begin the practice of chiropractic with reasonable skill and safety.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-13. Protected Action, Immunity and Communication

(a) There is no monetary liability on the part of, and no cause of action for damages arising against, any current or former member, officer, administrator, peer review committee member, staff member, committee member, examiner, representative, agent, employee, consultant, witness or any other person serving or having served the board, either as a part of the board's operation or as an individual, as a result of any act, omission, proceeding, conduct or decision related to his or her duties undertaken or performed in good faith and within the scope of the function of the board.
(b) A current or former member, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant or any other person serving or having served the board may request the state to defend him or her against any claim or action arising out of any act, omission, proceeding, conduct or decision related to his or her duties undertaken or performed in good faith and within the scope of the function of the board.
(c) Every communication made by or on behalf of any person, institution, agency or organization to the board or to any person designated by the board relating to an investigation or the initiation of an investigation, whether by way of report, complaint or statement, is privileged. No action or proceeding, civil or criminal, is permitted against the person, institution, agency or organization by whom or on whose behalf the communication was made in good faith.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-14. Enforcement

(a) The board shall enforce the provisions of this article and the rules adopted under this article. If any person refuses to obey any decision or order of the board, the board or, upon the request of the board, the Attorney General or the appropriate prosecuting attorney, may file an action for the enforcement of the decision or order, including injunctive relief, in the circuit court of the county of residence of the person. After due hearing, the court shall order the enforcement of the decision or order, or any part thereof, if legally and properly made by the board and where appropriate, injunctive relief. The board is authorized to issue a cease and desist order to restrain any person or any corporation or association and its officers and directors from violating the provisions of this article.
(b) Each of the following acts is a misdemeanor, punishable upon conviction by a fine of not less than $500 nor more than maximum allowed by state law, or by confinement in a county or regional jail for not less than thirty days nor more than one year, or both, in the discretion of the court:
(1) The obtaining of or attempt to obtain a license by the use of fraud, deceit or willful misrepresentation;
(2) The practice or attempting to practice as a chiropractor without a license granted under the provisions of this article, or practicing or attempting to practice while the license is suspended or after the license has been revoked;
(3) The use of any title to induce belief that the use of the title is engaged in the practice of chiropractic, if the use of the title has not fully complied with the provisions of this article;
(4) The buying, selling or fraudulent procurement of any diploma of, or license to practice chiropractic; and
(5) The violation of any provision of this article regulating the practice of chiropractors.
(c) Each day any person violates a provision of this article is a separate and distinct offense.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-15. Annual Renewal; Failure to Renew; Reinstatement

(a) All holders of certificates of license to practice chiropractic in this state shall renew them annually on or before July 1, of each year by:
(1) Paying the board an annual renewal fee in an amount determined by the board;
(2) Returning the renewal application form with all required information complete and accurate; and
(3) Presenting to the board evidence of completion of at least eighteen hours of continuing education each year of which up to six hours may be mandated in special subjects by the board.
(b) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, establishing all additional continuing education requirements and all criteria for fulfillment of the continuing education requirements.
(c) The board shall notify each certificate holder by mail, at least thirty days prior to July 1, of each year, of the necessity of renewing his or her certificate. Failure to renew a certificate of license to practice chiropractic operates as an automatic suspension of the rights and privileges granted by its issuance.
(d) A certificate or license suspended by a failure to make the required annual renewal may be reinstated by the board, except as provided in subsection (e) of this section, upon:
(1) Presentation of evidence of completion of the required hours of continuing education for each year the license has been suspended; and
(2) Payment of all fees that would have been paid if the certificate holder had maintained the certificate in good standing and the payment to the board of a reinstatement fee in an amount to be determined by the board.
(e) No certificate may be reinstated after a lapse of two years. After a lapse of two years, a license may be issued only after the former certificate holder, subsequent to the lapse, has fulfilled all other requirements of licensure as set forth in section six of this article and has passed the national special purposes examination for chiropractic examination.