reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3. West Virginia Medical Practice Act › §30-3-11. Endorsement of Licenses to Practice Medicine and Surgery and Podiatry; Fees; Temporary License; Summer Camp Doctors

(a)(1) Any person seeking to be licensed to practice medicine and surgery in this state who holds a valid license to practice medicine and surgery attained under requirements similar to the requirement of 30-3-10 of this code from another state, the District of Columbia, the Commonwealth of Puerto Rico, or Canada; or
(2) Any person seeking to be licensed to practice podiatry in this state who holds a valid license to practice podiatry attained under requirements similar to the requirements in 30-3-10 of this code from another jurisdiction shall be issued a license to practice podiatry, as appropriate, in this state if he or she meets the following requirements:
(A) He or she must submit an application to the board on forms provided by the board and remit a licensure fee, as provided in legislative rule. The application must, as a minimum, require a statement that the applicant is a licensed physician or podiatrist in good standing and indicate whether any medical disciplinary action has been taken against him or her in the past; and
(B) He or she must demonstrate to the satisfaction of the board that he or she has the requisite qualifications to provide the same standard of care as a physician or podiatrist initially licensed in this state.
(b) The board may investigate the applicant and may request a personal interview to review the applicants qualifications and professional credentials.
(c) The board may grant a temporary license to an individual applying for licensure under this section if the individual meets the requirements of this section. A temporary license issued by the board authorizes the holder to practice medicine and surgery or podiatry in West Virginia for the term of the temporary license, and includes full prescriptive authority. The temporary license is valid until its holder has either been granted or denied a license at the next regular meeting of the board. The board may fix and collect a fee for a temporary license, as provided in legislative rule.
(d) The application fee shall be waived, and to the extent consistent with the integrity of the licensure process and the requirements for licensure as set forth in this section and in the relevant legislative rules, the board shall expedite its processing of an individuals application to practice medicine and surgery, or practice podiatry:
Provided
, That the sole purpose for licensure is to provide services at a childrens summer camp for not more than one specifically designated three-week period annually. The license shall be issued for a period of the specifically designated three weeks only, on an annual basis.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3. West Virginia Medical Practice Act › §30-3-11b. License to Practice Medicine and Surgery 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 medicine and surgery in this state without examination to a physician that currently holds a license to practice medicine and surgery 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 physician shall maintain an valid, unrestricted license to practice medicine in another state.
(b) The medical practice for which a physician 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 3. West Virginia Medical Practice Act › §30-3-11c. Administrative Medicine License

(a) For purposes of this section:
(1) "Administrative medicine" means administration or management related to the practice of medicine or to the delivery of health care services using the medical knowledge, skill, and judgment of a licensed physician that may affect the health of the public or medical research, excluding clinical trials on humans. Administrative medicine does not include the authority to practice clinical medicine; examine, care for, or treat patients; prescribe medications, including controlled substances; or direct or delegate medical acts or prescriptive authority to others.
(2) "Administrative medicine license" means a medical license restricted to the practice of administrative medicine. A physician with an administrative medicine license may manage the integration of clinical medicine, strategy, operations, and other business activities related to the delivery of health care services, advise organizations, both public and private, on health care matters; authorize and deny financial payments for care; organize and direct research programs; review care provided for quality; and perform other similar duties that do not require or involve direct patient care.
(3) "Clinical medicine" includes, but is not limited to:
(A) Direct involvement in patient evaluation, diagnosis, and treatment;
(B) Prescribing, administering, or dispensing any medication;
(C) Delegating medical acts, service, or prescriptive authority; and
(D) Supervision of physicians and/or podiatric physicians who practice clinical medicine, physician assistants who render medical services in collaboration with physicians, or the clinical practice of any other medical professional.
(b) The board may issue an administrative medicine license to a physician who:
(1) Files a complete application;
(2) Pays the applicable fee;
(3) Meets all qualifications and criteria for licensure set forth in 30-3-10 of this code and the boards legislative rules; and
(4) Demonstrates competency to practice administrative medicine.
(c) Administrative medicine licensees may not practice clinical medicine.
(d) A physician applying to renew an administrative medicine license must pay the same fees and meet the same requirements for renewing an active status license, including submission of certification of participation in and successful completion of a minimum of 50 hours of continuing medical education satisfactory to the board during the preceding two-year period.
(e) The board may deny an application for an administrative medicine and may discipline an administrative medicine licensee who, after a hearing, has been adjudged by the board as unqualified due to any reason set forth in 30-3-14 of this code or the boards rules and pursuant to the processes set forth therein.
(f) The board shall propose emergency rules pursuant to the provisions of 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 3. West Virginia Medical Practice Act › §30-3-18. Combining Staff Functions With West Virginia Board of Osteopathic Medicine

The West Virginia Board of Medicine may employ investigators, attorneys, clerks and administrative staff in collaboration with the West Virginia Board of Osteopathic 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 3. West Virginia Medical Practice Act › §30-3-19. West Virginia Board of Medicine Investigators Authority to Carry Concealed Weapon

(a) Notwithstanding any provision of this code to the contrary, the board may allow, consistent with this section, an investigator employed or contracted by the board to carry a concealed firearm while performing his or her official duties.
(b) An investigator employed by the board or contracted by the board may carry a concealed firearm while performing his or her official duties solely for the purposes of defense of self or others if the investigator has:
(1) Obtained approval by a majority vote of the board;
(2) Been determined not to be prohibited from possessing a firearm under state or federal law;
(3) Obtained and maintains a concealed handgun license pursuant to 61-7-1
et seq
. of this code; and
(4) Successfully completed a firearms training and certification program equivalent to that provided to officers attending an entry level law-enforcement certification course provided at the West Virginia State Police Academy. The investigator must thereafter successfully complete an annual firearms qualification course equivalent to that required of certified law-enforcement officers as established by legislative rule. The board may reimburse the investigator for the cost of the training and requalification.
(c) Neither the state, a political subdivision, an agency, nor an employee of the state acting in an official capacity may be held personally liable for an act of an investigator employed by the board if the act or omission was done in good faith while the investigator was performing official duties on behalf of the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3A. Management of Intractable Pain › §30-3A-1. Definitions

For the purposes of this article, the words or terms defined in this section have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context.
“Accepted guideline” is a care or practice guideline for pain management developed by a nationally recognized clinical or professional association or a specialty society or government-sponsored agency that has developed practice or care guidelines based on original research or on review of existing research and expert opinion. An accepted guideline also includes policy or position statements relating to pain management issued by any West Virginia board included in §30-1-1 et seq. of this code with jurisdiction over various health care practitioners. Guidelines established primarily for purposes of coverage, payment, or reimbursement do not qualify as accepted practice or care guidelines when offered to limit treatment options otherwise covered by the provisions of this article.
“Board” or “licensing board” means the West Virginia Board of Medicine, the West Virginia Board of Osteopathy, the West Virginia Board of Registered Nurses, the West Virginia Board of Pharmacy, the West Virginia Board of Optometry, or the West Virginia Board of Dentistry.
“Nurse” means a registered nurse licensed in the State of West Virginia pursuant to the provisions of §30-7-1 et seq. of this code.
“Pain” means an unpleasant sensory and emotional experience associated with actual or potential tissue damage or described in terms of such damage.
“Pain-relieving controlled substance” includes, but is not limited to, an opioid or other drug classified as a Schedule II through V controlled substance and recognized as effective for pain relief, and excludes any drug that has no accepted medical use in the United States or lacks accepted safety for use in treatment under medical supervision including, but not limited to, any drug classified as a Schedule I controlled substance.
“Pharmacist” means a registered pharmacist licensed in the State of West Virginia pursuant to the provisions of §30-5-1 et seq. of this code.
“Prescriber” shall mean:
(1) A physician licensed pursuant to the provisions of §30-3-1 et seq. or §30-14-1 et seq. of this code;
(2) An advanced practice registered nurse with prescriptive authority as set forth in §30-7-15a of this code;
(3) A dentist licensed pursuant to the provisions of §30-4-1 et seq. of this code; and
(4) An optometrist licensed pursuant to the provisions of §30-8-1 et seq. of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3A. Management of Intractable Pain › §30-3A-2. Limitation on Disciplinary Sanctions or Criminal Punishment Related to Management of Pain

(a) A prescriber is not subject to disciplinary sanctions by a licensing board or criminal punishment by the state for prescribing, administering, or dispensing pain-relieving controlled substances for the purpose of alleviating or controlling pain if:
(1) In the case of a dying patient experiencing pain, the prescriber practices in accordance with an accepted guideline as defined in §30-3A-1 of this code and discharges his or her professional obligation to relieve the dying patient’s pain and promote the dignity and autonomy of the dying patient; or
(2) In the case of a patient who is not dying and is experiencing pain, the prescriber discharges his or her professional obligation to relieve the patient’s pain, if the prescriber can demonstrate by reference to an accepted guideline that his or her practice substantially complied with that accepted guideline. Evidence of substantial compliance with an accepted guideline may be rebutted only by the testimony of a clinical expert. Evidence of noncompliance with an accepted guideline is not sufficient alone to support disciplinary or criminal action.
(b) A health care provider, as defined in §55-7B-2 of this code, with prescriptive authority is not subject to disciplinary sanctions by a licensing board or criminal punishment by the state for declining to prescribe, or declining to continue to prescribe, any controlled substance to a patient which the health care provider with prescriptive authority is treating if the health care provider with prescriptive authority in the exercise of reasonable prudent judgment believes the patient is misusing the controlled substance in an abusive manner or unlawfully diverting a controlled substance legally prescribed for their use.
(c) A licensed registered professional nurse is not subject to disciplinary sanctions by a licensing board or criminal punishment by the state for administering pain-relieving controlled substances to alleviate or control pain, if administered in accordance with the orders of a licensed physician.
(d) A licensed pharmacist is not subject to disciplinary sanctions by a licensing board or criminal punishment by the state for dispensing a prescription for a pain-relieving controlled substance to alleviate or control pain, if dispensed in accordance with the orders of a licensed physician.
(e) For purposes of this section, the term “disciplinary sanctions” includes both remedial and punitive sanctions imposed on a licensee by a licensing board, arising from either formal or informal proceedings.
(f) The provisions of this section apply to the treatment of all patients for pain, regardless of the patient’s prior or current chemical dependency or addiction. The board may develop and issue policies or guidelines establishing standards and procedures for the application of this article to the care and treatment of persons who are chemically dependent or addicted.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3A. Management of Intractable Pain › §30-3A-3. Acts Subject to Discipline or Prosecution

(a) Nothing in this article shall prohibit disciplinary action or criminal prosecution of a prescriber for:
(1) Failing to maintain complete, accurate, and current records documenting the physical examination and medical history of the patient, the basis for the clinical diagnosis of the patient, and the treatment plan for the patient;
(2) Writing a false or fictitious prescription for a controlled substance scheduled in §60A-2-201 et seq. of this code; or
(3) Prescribing, administering, or dispensing a controlled substance in violation of the provisions of the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §§801, et seq. or chapter §60A-1-101 et seq. of this code;
(4) Diverting controlled substances prescribed for a patient to the physician’s own personal use or
(5) Abnormal or unusual prescribing or dispensing patterns, or both as identified by the Controlled Substance Monitoring Program set forth in §60A-9-1 et seq. of this code. These prescribing and dispensing patterns may be discovered in the report filed with the appropriate board as required by section §60A-9-1 et seq. of this code.
(b) Nothing in this article shall prohibit disciplinary action or criminal prosecution of a nurse or pharmacist for:
(1) Administering or dispensing a controlled substance in violation of the provisions of the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §§801, et seq. or §60A-1-101 of this code; or
(2) Diverting controlled substances prescribed for a patient to the nurse’s or pharmacist’s own personal use.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3A. Management of Intractable Pain › §30-3A-4. Abnormal or Unusual Prescribing Practices

(a) Upon receipt of the quarterly report set forth in §60A-9-1 et seq. of this code, the licensing board shall notify the prescriber that he or she has been identified as a potentially unusual or abnormal prescriber. The board may take appropriate action, including, but not limited to, an investigation or disciplinary action based upon the findings provided in the report.
(b) A licensing board may upon receipt of credible and reliable information independent of the quarterly report as set forth in §60A-9-1 et seq. of this code initiate an investigation into any alleged abnormal prescribing or dispensing practices of a licensee.
(c) The licensing boards and prescribers shall have all rights and responsibilities in their practice acts.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3C. Health Care Peer Review Organization Protection › §30-3C-2. Immunity From Liability

(a) Notwithstanding any other provision of law, no person providing information to any review organization shall be held, by reason of having provided such information, to be civilly liable under any law, unless:
(1) Such information is unrelated to the performance of the duties and functions of such review organization, or (2) such information is false and the person providing such information knew, or had reason to believe, that such information was false.
(b) A review organization or any member, agent or employee thereof who, in the absence of malice and gross negligence, acts upon or furnishes counsel, services or information to a review organization shall be immune from liability for loss or injury to the person whose activities are being reviewed.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3C. Health Care Peer Review Organization Protection › §30-3C-3. Confidentiality of Records

(a) Any document prepared by or on behalf of a health care provider for the purpose of improving the quality, delivery, or efficiency of health care or for the purpose of credentialing or reviewing health care providers is confidential and privileged and shall not be subject to discovery in a civil action or administrative proceeding. Such documents include, without limitation:
(1) Nursing home, as referred to in §55-7B-6(e) of this code, incident or event reports, except reports pertaining to the plaintiff of that civil action, or reports of same or similar incidents within a reasonable time frame of the events at issue in the civil action, containing only factual information, but excluding personal identification information;
(2) Documents related to review organization proceedings for hiring, disciplining, terminating, credentialing, issuing staff privileges, renewing staff privileges, or alleged misconduct of a health care provider;
(3) Review organization documents;
(4) Quality control and performance improvement documents;
(5) Documents satisfying regulatory obligations related to quality assurance and performance improvement; and
(6) Reviews, audits, and recommendations of consultants or other persons or entities engaged in the performance of peer review.
(b) A person who testifies before a review organization, or who is a member of a review organization, shall not be required to testify regarding, or be asked about, his or her testimony before such review organization, deliberations of the review organization, or opinions formed as a result of the review organizations proceedings. A person who testifies before a review organization, or who is a member of a review organization, shall not be prevented from testifying in court or an administrative hearing as to matters within his or her personal knowledge.
(c) All peer review proceedings, communications, and documents of a review organization and all records developed or obtained during an investigation conducted pursuant to §30-3-1 et seq., §30-3E-1 et seq., and/or §30-14-1 et seq. of this code shall be confidential and privileged and shall not be subject to discovery in any civil action or administrative proceeding: Provided, That an individual may be given access to any document that was used as the basis for an adverse professional review action against him or her, subject to such protective order as may be appropriate to maintain the confidentiality of the information contained therein. Privilege is not deemed to be waived unless the review organization executes a written waiver authorizing the release of such peer review proceedings, communications, or documents.
(d) Nothing in this section limits the disclosure of peer review proceedings, communications, and documents by a review organization or a health care facility to a medical licensing board pursuant to the provisions of §30-3-1 et seq. and §30-14-1 et seq. of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3C. Health Care Peer Review Organization Protection › §30-3C-4. Liability for Court Costs and Attorney Fees in Certain Civil Actions

Any party or parties who institute an action as a result of a peer review may be liable for court costs and reasonable attorney's fees, if the defendant substantially prevails and if the action, or the plaintiff's conduct during the litigation of the action, was frivolous, unreasonable, without foundation, or in bad faith.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3C. Health Care Peer Review Organization Protection › §30-3C-5. Original Source; Waivers; Further Proceedings

Information available from original sources are not to be construed as immune from discovery or use in any civil action merely because they were included in any report or analysis related to improving the quality, delivery, or efficiency of health care or for the purpose of credentialing or reviewing health care providers. Documents contained in peer review files are not discoverable on the basis that they were not created as part of the peer review process; rather, the document must be produced from the original source: Provided, That if the party seeking production can show that obtaining source documents will be unduly burdensome, the court may, in its discretion, order production of the nonprivileged documents contained in the peer review file.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3D. Physician Health Programs › §30-3D-1. Definitions

For the purposes of this article, the following words and terms have the meanings ascribed to them, unless the context clearly indicates otherwise.
(1) "Boards" mean the West Virginia Board of Medicine and Board of Osteopathy.
(2) "Major mental illness" means a diagnosis of a mental disorder within the axis of psychotic or affective or mood, or alcohol or chemical abuse, or alcohol or chemical dependency, as stipulated in the International Code of Diagnosis.
(3) "Physician and physician assistant" mean those health care professionals licensed by the West Virginia Board of Medicine or the West Virginia Board of Osteopathy.
(4) "Podiatrist" means those individuals licensed by the West Virginia Board of Medicine to undertake the practice of podiatry.
(5) "Qualifying illness" means the diagnosis of alcohol or substance abuse or alcohol or substance dependency or major mental illness.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3D. Physician Health Programs › §30-3D-3. Discretionary Authority of Boards to Designate Programs

The West Virginia Board of Medicine and the West Virginia Board of Osteopathy have the sole discretion to designate physician health programs for licensees of the respective boards and no provision of this article may be construed to entitle any physician, podiatrist or physician assistant to the creation or designation of a physician health program for any individual qualifying illness or group of qualifying illnesses.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-1. Definitions

As used in this article:
"Approved program" means an educational program for physician assistants approved and accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor. Prior to 2001, approval and accreditation would have been by either the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs.
"Boards" means the West Virginia Board of Medicine and the West Virginia Board of Osteopathic Medicine.
"Chronic condition" means a condition which lasts three months or more, generally cannot be prevented by vaccines, can be controlled but not cured by medication, and does not generally disappear. These conditions include, but are not limited to, arthritis, asthma, cardiovascular disease, cancer, diabetes, epilepsy and seizures, and obesity.
"Collaborating physician" means a doctor of medicine, osteopathy, or podiatry fully licensed, by the appropriate board in this state, without restriction or limitation, who collaborates with physician assistants.
"Collaboration" means overseeing the activities of the medical services rendered by a physician assistant. Constant physical presence of the collaborating physician is not required as long as the collaborating physician and physician assistant are, or can be, easily in contact with one another by telecommunication. Collaboration does not require the personal presence of the collaborating physician at the place or places where services are rendered.
"Endorsement" means a summer camp or volunteer endorsement authorized under this article.
"Health care facility" means any licensed hospital, nursing home, extended care facility, state health or mental institution, clinic, or physician office.
"License" means a license issued by either of the boards pursuant to the provisions of this article.
"Licensee" means a person licensed pursuant to the provisions of this article.
"Physician" means a doctor of allopathic or osteopathic medicine who is fully licensed pursuant to the provisions of either 30-3-1
et seq
. or 30-14-1
et seq
. of this code to practice medicine and surgery in this state.
"Physician assistant" means a person who meets the qualifications set forth in this article and is licensed pursuant to this article to practice medicine with a collaborating physician.
"Practice notification" means a written notice to the appropriate licensing board that a physician assistant will practice in collaboration with one or more collaborating physicians in the state of West Virginia.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-2. Powers and Duties of the Boards

In addition to the powers and duties set forth in this code for the boards, the boards shall:
(1) Establish the requirements for licenses and temporary licenses pursuant to this article;
(2) Establish the procedures for submitting, approving, and rejecting applications for licenses and temporary licenses;
(3) Propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code to implement the provisions of this article;
(4) Compile and publish an annual report that includes a list of currently licensed physician assistants and their primary practice locations in the state; and
(5) Take all other actions necessary and proper to effectuate the purposes of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-3. Rulemaking

(a) The boards shall propose rules for legislative approval in accordance with the provisions of 29A-3-1
et seq
. of this code to implement the provisions of this article, including:
(1) The extent to which physician assistants may practice in this state;
(2) The extent to which physician assistants may pronounce death;
(3) Requirements for licenses and temporary licenses;
(4) Requirements for practice notifications;
(5) Requirements for continuing education;
(6) Conduct of a licensee for which discipline may be imposed;
(7) The eligibility and extent to which a physician assistant may prescribe;
(8) A fee schedule; and
(9) Any other rules necessary to effectuate the provisions of this article.
(b) The boards may propose emergency rules pursuant to 29A-3-1
et seq
. of this code to ensure conformity with this article.
(c) (1) A physician assistant may not prescribe a Schedule I controlled substance as provided in 60A-2-204 of this code.
(2) A physician assistant may prescribe up to a three-day supply of a Schedule II narcotic as provided in 60A-2-206 of this code.
(3) There are no other limitations on the prescribing authority of a physician assistant, except as provided in 16-54-1
et seq
. of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-4. License to Practice as a Physician Assistant

(a) A person seeking licensure as a physician assistant shall apply to the Board of Medicine or to the Board of Osteopathic Medicine. The appropriate board shall issue a license to practice as a physician assistant with the collaboration of that boards licensed physicians or podiatrists.
(b) A license may be granted to a person who:
(1) Files a complete application;
(2) Pays the applicable fees;
(3) Demonstrates to the boards satisfaction that he or she:
(A) Obtained a baccalaureate or masters degree from an accredited program of instruction for physician assistants;
(B) Prior to July 1, 1994, graduated from an approved program of instruction in primary health care or surgery; or
(C) Prior to July 1, 1983, was certified by the Board of Medicine as a physician assistant then classified as Type B;
(4) Has passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants;
(5) Has a current certification from the National Commission on Certification of Physician Assistants or has a current license in good standing from a state that does not require a physician assistant to maintain national certification;
(6) Is mentally and physically able to engage safely in practice as a physician assistant;
(7) Has not had a physician assistant license, certification, or registration in any jurisdiction suspended or revoked;
(8) Is not currently subject to any limitation, restriction, suspension, revocation, or discipline concerning a physician assistant license, certification, or registration in any jurisdiction:
Provided,
That if a board is made aware of any problems with a physician assistant license, certification, or registration and agrees to issue a license, certification, or registration notwithstanding the provisions of this subdivision or subdivision (7) of this subsection;
(9) Is of good moral character; and
(10) Has fulfilled any other requirement specified by the appropriate board.
(c) A board may deny an application for a physician assistant license to any applicant determined to be unqualified by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-5. Temporary License

(a) A temporary license may be issued by the boards to a person applying for a license under this article, if the person meets all of the qualifications for a license but is awaiting the next scheduled meeting of the board for action upon his or her application.
(b) The temporary license expires six months after issuance or after the board acts, whichever is earlier.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-6. License Renewal Requirements

(a) A licensee shall renew biennially, on a schedule established by the appropriate licensing board, by submitting:
(1) A complete renewal application;
(2) The renewal fee; and
(3) An attestation that all continuing education requirements for the reporting period have been met.
(b) If a licensee fails to timely renew his or her license, then the license automatically expires.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-9. Practice Requirements

(a) A physician assistant may not practice independent of a collaborating physician.
(b) A physician assistant may practice in collaboration with physicians in any practice setting pursuant to a practice notification which has been filed with, and activated by, the appropriate board in accordance with 30-3E-10a of this code:
Provided
, That a physician assistant who is currently practicing in collaboration with physicians pursuant to a practice agreement which was authorized by a board prior to June 1, 2021, may continue to practice under that authorization until the practice agreement terminates or until June 1, 2022, whichever is sooner.
(c) Notwithstanding any other provision of this code to the contrary, and to the degree permitted by federal law, physician assistants shall be considered providers and shall not be reimbursed at rates lower than other providers who render similar health services by health insurers as well as health plans operated or paid for by the state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-10a. Practice Notification Requirements

(a) Before a licensed physician assistant may practice in collaboration with physicians, the physician assistant and a health care facility shall:
(1) File a practice notification with the appropriate licensing board;
(2) Pay the applicable fee; and
(3) Receive written notice from the appropriate licensing board that the practice notification is complete and active.
(b) The licensing boards shall promulgate emergency rules to establish the content and criteria for submission of practice notifications.
(c) A physician assistant shall notify the board, in writing, within 10 days of the termination of a practice notification. Failure to provide timely notice of the termination constitutes unprofessional conduct and disciplinary proceedings may be instituted by the appropriate licensing board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-11. Collaboration With Physician Assistants

(a) Unless otherwise prohibited by a health care facility, a physician who practices medicine or podiatry at a health care facility may collaborate with any physician assistant who holds an active practice notification with the same facility.
(b) When collaborating with physician assistants, collaborating physicians shall observe, direct, and evaluate the physician assistants work, records, and practices as necessary for appropriate and meaningful collaboration.
(c) A health care facility is only legally responsible for the actions or omissions of a physician assistant when the physician assistant is employed by or on behalf of the facility.
(d) Every licensed physician assistant shall be individually responsible and liable for the care they provide. This article does not relieve physician assistants or collaborating physicians of responsibility and liability which otherwise may exist for acts and omissions occurring during collaboration.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-12. Scope of Practice

(a) A license issued to a physician assistant by the appropriate state licensing board shall authorize the physician assistant to perform medical acts commensurate with their education, training, and experience and which they are competent to perform, consistent with the rules of the boards. Medical acts include prescribing, dispensing, and administering of controlled substances, prescription drugs, or medical devices.
(b) A physician assistant shall provide only those medical services for which they have been prepared by their education, training, and experience and are competent to perform, consistent with sound medical practice and that will protect the health and safety of the patient. This may occur in any health care setting, both hospital and outpatient in accordance with their practice notification.
(c) A physician assistant with an active practice notification may perform medical acts and/or procedures in collaboration with physicians which are consistent with the physician assistants education, training and experience, the collaborating physicians scope of practice, and any credentialing requirements of the health care facility where the physician assistant holds an active practice notification.
(d) This article does not authorize a physician assistant to perform any specific function or duty delegated by this code to those persons licensed as chiropractors, dentists, dental hygienists, optometrists, or pharmacists, or certified as nurse anesthetists.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-12a. Physician Assistant Signatory Authority

(a) A physician assistant may provide an authorized signature, certification, stamp, verification, affidavit or endorsement on documents within the scope of their practice, including, but not limited to, the following documents:
(1) Death certificates: Provided, That the physician assistant has received training on the completion of death certificates;
(2) “Physician orders for life sustaining treatment”, “physician orders for scope of treatment” and “do not resuscitate” forms;
(3) Handicap hunting certificates; and
(4) Utility company forms requiring maintenance of utilities regardless of ability to pay.
(b) A physician assistant may not sign a certificate of merit for a medical malpractice claim against a physician.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-15. Summer Camp or Volunteer Endorsement — West Virginia Licensee

(a) The appropriate licensing board may grant a summer camp or volunteer endorsement to provide services at a children’s summer camp or volunteer services for a public or community event to a physician assistant who:
(1) Is currently licensed by the appropriate licensing board;
(2) Has no current discipline, limitations or restrictions on his or her license;
(3) Has submitted a timely application; and
(4) Attests that:
(A) The organizers of the summer camp and public or community event have arranged for a collaborating physician to be available as needed to the physician assistant;
(B) The physician assistant shall limit his or her scope of practice to medical acts which are within his or her education, training and experience; and
(C) The physician assistant will not prescribe any controlled substances or legend drugs as part of his or her practice at the summer camp or public or community event.
(b) A physician assistant may only receive one summer camp or volunteer endorsement annually. The endorsement is active for one specifically designated period annually, which period cannot exceed three weeks.
(c) A fee cannot be assessed for the endorsement if the physician assistant is volunteering his or her services without compensation or remuneration.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-16. Summer Camp or Volunteer Endorsement — Out-of-State Licensee

(a) The appropriate licensing board may grant a summer camp or volunteer endorsement to provide services at a children’s summer camp or volunteer services for a public or community event to a physician assistant licensed from another jurisdiction who:
(1) Is currently licensed in another jurisdiction and has a current certification from the National Commission on Certification of Physician Assistants;
(2) Has no current discipline, limitations or restrictions on his or her license;
(3) Has passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants;
(4) Has submitted a timely application;
(5) Has paid the applicable fees; and
(6) Attests that:
(A) The organizers of the summer camp and public or community event have arranged for a collaborating physician to be available as needed to the physician assistant;
(B) The physician assistant shall limit his or her scope of practice to medical acts which are within his or her education, training and experience; and
(C) The physician assistant will not prescribe any controlled substances or legend drugs as part of his or her practice at the summer camp or public or community event; and
(7) Has fulfilled any other requirements specified by the appropriate board.
(b) A physician assistant may only receive one summer camp or volunteer endorsement annually. The endorsement is active for one specifically designated period annually, which period cannot exceed three weeks.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-17. Complaint Process

(a) All hearings and procedures related to denial of a license, and all complaints, investigations, hearings, and procedures regarding a physician assistant license and the discipline accorded thereto, shall be in accordance with the processes and procedures set forth in either 30-3-1
et seq
. or 30-14-1
et seq
. of this code, depending on which board licenses the physician assistant.
(b) The boards may impose the same discipline, restrictions, and/or limitations upon the license of a physician assistant as they are authorized to impose upon physicians and/or podiatrists.
(c) The boards shall direct to the appropriate licensing board a complaint against a physician assistant and/or a collaborating physician.
(d) In the event that independent complaint processes are warranted by the boards with respect to the professional conduct of a physician assistant or a collaborating physician, the boards are authorized to work cooperatively and to disclose to one another information which may assist the recipient appropriate licensing board in its disciplinary process. The determination of what information, if any, to disclose shall be at the discretion of the disclosing board.
(e) A physician assistant licensed under this article may not be disciplined for providing expedited partner therapy in accordance with 16-4F-1
et seq
. of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-18. Health Care Facility Reporting Requirements

(a) A health care facility shall report, in writing, to the appropriate licensing board within sixty days after the completion of the facility's formal disciplinary procedure or after the commencement and conclusion of any resulting legal action against a licensee.
(b) The report shall include:
(1) The name of the physician assistant practicing in the facility whose privileges at the facility have been revoked, restricted, reduced or terminated for any cause including resignation;
(2) All pertinent information relating to the action; and
(3) The formal disciplinary action taken against the physician assistant by the facility relating to professional ethics, medical incompetence, medical malpractice, moral turpitude or drug or alcohol abuse.
(c) A health care facility does not need to report temporary suspensions for failure to maintain records on a timely basis or for failure to attend staff or section meetings.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3E. Physician Assistants Practice Act › §30-3E-19. Unlawful Act and Penalty

It is unlawful for any physician assistant to represent to any person that he or she is a physician, surgeon or podiatrist. A person who violates this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than two years, or be fined not more than $2,000, or both fined and imprisoned.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3F. Direct Primary Care Practice › §30-3F-1. Definitions

As used in this section:
(1) "Boards" means the West Virginia Board of Medicine; the West Virginia Board of Osteopathic Medicine, the West Virginia Board of Optometry, West Virginia Board of Physical Therapy, West Virginia Board of Chiropractic, West Virginia Board of Dentistry and the West Virginia Board of Examiners for Registered Professional Nurses;
(2) "Direct medical care membership agreement" means a written contractual agreement between a care provider and a person, or the persons legal representative;
(3) "Direct medical care provider" means an individual or legal entity, alone or with others professionally associated with the provider or other legal entity, that is authorized to provide medical care services and who chooses to enter into a direct medical care membership agreement;
(4) "Medical products" means any product used to diagnose or manage a disease, including any medical device, treatment or drug;
(5) "Medical services" means a screen, assessment, diagnosis or treatment for the purpose of promotion of health or the detection and management of disease or injury within the competency and training of the direct medical care provider; and
(6) "Medical care provider" means an individual or other legal entity that is authorized to provide medical services and medical products under his or her scope of practice in this state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 3F. Direct Primary Care Practice › §30-3F-2. Direct Medical Care

(a) A person or a legal representative of a person may seek care outside of an insurance plan, or outside of the Medicaid or Medicare program, and pay for the care.
(b) A medical care provider may accept payment for medical services or medical products outside of an insurance plan.
(c) A medical care provider may accept payment for medical services or medical products provided to a Medicaid or Medicare beneficiary.
(d) A patient or legal representative does not forfeit insurance benefits, Medicaid benefits or Medicare benefits by purchasing medical services or medical products outside the system.
(e) The offer and provision of medical services or medical products purchased and provided under this article is not an offer of insurance nor regulated by the insurance laws of the state.
(f) The direct medical care provider may not bill third parties on a fee for service basis for services provided under the direct medical care membership agreement.
(g) A medical care provider may not bill any third-party payer for services rendered or products sold pursuant to a direct medical care membership agreement.