reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-14 - Chiropractic Assistants

Current through Register Vol. XLI, No. 28, July 12, 2024
1-14.1. A
				licensed chiropractor may employ chiropractic assistants to perform operational
				functions as well as selective and delegated tasks upon the prior approval of
				the supervising licensed chiropractor. Tasks which may be delegated to a
				chiropractic assistant include but are not limited to the following: set up and
				administration of electrical muscle stimulation, ultrasound, traction, massage,
				diathermy, hydrocoUation, cryotherapy, blood pressure examination, range of
				motion examination and obtaining and recording patient histories.
1-14.2. The licensed chiropractor shall
				ensure that a chiropractic assistant receives proper training before beginning
				his or her duties. The licensed chiropractor shall annually reevaluate each
				chiropractic assistant to ensure that the chiropractic assistant is competent
				and qualified to perform the assigned duties and is in compliance with
				subsection 14.3. The licensed chiropractor may provide the required training or
				may require that the chiropractic assistant acquire the required training from
				a program accredited by the Council on Chiropractic Education (CCE) or the West
				Virginia Board of Chiropractic. The licensed chiropractor shall document each
				annual review and all training received by each chiropractic assistant employed
				and keep the documentation in the chiropractic assistant's employee
				file.
1-14.3. The licensed
				chiropractor that is responsible for assigning duties to a chiropractic
				assistant is solely responsible for determining that the chiropractic assistant
				is competent to perform the assigned duties. Further, no licensed chiropractor
				shall assign any duties to a chiropractic assistant until the licensed
				chiropractor is assured through personal observation and training that the
				chiropractic assistant is fully competent and completely qualified to perform
				the assigned duties.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-15 - Physiotherapeutic Devices; Electrodiagnostic Devices; Certifications; and Specialty Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
1-15.1.
				Annually the Board shall prepare a schedule of physiotherapeutic devices,
				electrodiagnostic devices and areas of specialty practice and certifications
				that are approved by the Board. Upon written request, the Board shall provide
				the current schedule of approved physiotherapeutic devices, electrodiagnostic
				devices and areas of specialty practice and certifications that are approved by
				the Board.
1-15.2. Within this
				schedule the Board shall set forth the type of training required, the minimum
				number of hours required, whether an examination is required and any other
				prerequisite training required before a licensee may utilize certain
				physiotherapeutic devices, electrodiagnostic devices or claim an area of
				special practice or certification.
1-15.3. A licensee who has not met the
				requirements set for by the Board for the use of physiotherapeutic devices,
				electrodiagnostic devices, specialty practice or certification shall be
				prohibited from utilizing such devices or asserting such specialty or
				certification in accordance with W. Va. Code §
									30-16-20.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-16 - Chiropractic Corporations, Partnerships and Other Business Organizations

Current through Register Vol. XLI, No. 28, July 12, 2024
1-16.1. An
				individual licensed to practice chiropractic within this state may practice as
				a sole proprietor, as a partner with other duly licensed chiropractors and as a
				shareholder, member or employee of a chiropractic corporation or a professional
				limited liability company.
1-16.2.
				No individual licensed to practice chiropractic within this state may be
				employed by or practice pursuant to a contractual agreement with an individual
				that is not licensed to practice chiropractic in this state.
1-16.3. No individual licensed to practice
				chiropractic in this state may be employed by or practice pursuant to a
				contractual agreement with a partnership that includes an individual or
				corporation not licensed to practice chiropractic in this state.
1-16.4. Any licensee that is a shareholder,
				member or employee of a corporation or limited liability company or any
				licensee practicing pursuant to a contractual agreement with any corporation or
				limited liability company shall disclose such business arrangement on a form
				prescribed by the Board along with the licensee's annual renewal application.
				In the interest of protecting the public, the Board may request such additional
				information from the licensee or the business entities disclosed before grating
				approval of the requested business arrangement. Unless annual approval is
				granted by the Board, the licensee will be prohibited from practicing
				chiropractic in the business arrangement requested.
1-16.5. Upon written request from the Board,
				a spouse or personal representative of a deceased chiropractor or deceased
				shareholder of a chiropractic corporation shall have a period of time not to
				exceed twelve months from the date of death to sell or transfer the deceased
				chiropractor's practice or dispose of the deceased shareholder's stock. At all
				times during this transition period all chiropractic services offered to the
				public must be rendered by a chiropractor in compliance with these rules and
				duly licensed in accordance with W. Va. Code §
									30-16-1
				et seq.
1-16.6. A chiropractor duly
				licensed to practice in this state and a corporation approved by the Board may
				employ other healthcare providers licensed pursuant to Chapter 30 of the West
				Virginia Code so long as the employment of the healthcare provider is not
				inconsistent with the practice act regulating the healthcare provider so
				employed.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-02 - Procedures Of The West Verginia Board Of Chiropractic Examiners › Section 4-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedures establish the organization, operation and licensing of
				chiropractors by the West Virginia Board of Chiropractic Examiners.
1.2. Authority. -- W. Va. Code '30-16-1
				et. seq.
1.3. Filing Date. --
				October 26, 1987.
1.4. Effective
				Date. -- November 25, 1987.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-02 - Procedures Of The West Verginia Board Of Chiropractic Examiners › Section 4-2-4 - Transcription of Reported Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be reported by
				stenographic notes and characters or by mechanical means.
4.2. Upon request to the Board by any party
				to the hearing, all reported materials shall be transcribed and a copy thereof
				furnished to such party at his expense.
4.3. In all cases where a hearing examiner is
				appointed, all reported materials shall be transcribed and forwarded to the
				Chairman. A party who requests a copy of a transcript prepared pursuant to this
				subsection shall be furnished a copy at his expense.
4.4. The Board shall have the responsibility
				to make arrangements for the transcription of the reported testimony and
				evidence. In the event transcription is required pursuant to this Section, it
				shall accomplished within a reasonable time.
4.5. Upon the motion of the Board or any
				party assigning error in any part of the transcript, the Board through the
				Chairman, shall settle all differences, and shall direct the transcript be
				corrected and revised so as to make it conform to the whole truth.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-02 - Procedures Of The West Verginia Board Of Chiropractic Examiners › Section 4-2-5 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any party may
				submit Proposed Findings of Fact and Conclusions of Law within thirty (30) days
				of the conclusion of a hearing, or in the event the proceedings of a hearing
				are transcribed, within twenty (20) days from the date the final transcript is
				available to all parties and to all members of the Board. Transcripts of the
				hearings shall be provided to all members of the Board for review at least ten
				(10) days before the vote on the Proposed Findings of Fact and Conclusions of
				Law is called.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-02 - Procedures Of The West Verginia Board Of Chiropractic Examiners › Section 4-2-6 - Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Chairman, with the approval of a majority of the Board, may appoint a hearing
				examiner who shall be empowered to subpoena witnesses and documents, administer
				oaths and affirmations, examine witnesses under oath, rule on evidentiary
				questions, hold conferences for the settlement or simplification of issues by
				consent of the parties and otherwise conduct hearings as provided in section 3
				herein. If a hearing examiner is appointed under this rule, he shall make
				proposed Findings of Fact and Conclusions of Law.
6.2. The Chairman, with the approval of a
				majority of the Board, may appoint one (1) or more members of the Board to
				serve as hearing examiners for the purpose of conducting any hearing on behalf
				of the Board. The hearing examiner shall submit written Findings of Fact and
				Conclusions of Law to the Board pursuant to W. Va. Code '29A-5-3, and
				the Board may adopt, modify or reject such Findings of Fact and Conclusions of
				Law.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-02 - Procedures Of The West Verginia Board Of Chiropractic Examiners › Section 4-2-7 - Conferences: Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At any time prior to the hearing or
				thereafter, the Chairman, or his duly appointed hearing examiner may hold
				conferences for the following purposes:
a. To
				dispose of procedural requests of similar matters;
b. To simplify or settle issues by consent of
				the parties;
c. To provide for the
				informal disposition of cases by stipulation, agreed settlement or consent
				order.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-02 - Procedures Of The West Verginia Board Of Chiropractic Examiners › Section 4-2-8 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Evidentiary
				depositions may be taken and read into evidence as in civil actions in the
				circuit courts of this State.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-02 - Procedures Of The West Verginia Board Of Chiropractic Examiners › Section 4-2-9 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Chairman
				or his designee shall have the power to issue subpoenas or subpoenas duce tecum
				pursuant to the provisions set forth in W. Va. Code '29A-5-1.
9.2. Written requests for the issuance of
				subpoenas or subpoenas duces tecum as provided in WV 4CSR2-9 shall be made no
				later than ten (10) days before a scheduled hearing.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-02 - Procedures Of The West Verginia Board Of Chiropractic Examiners › Section 4-2-10 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any final
				order entered by the Chairman or his designee following a hearing conducted
				pursuant to these rules, shall be made pursuant to the provisions of W. Va.
				Code '29A-5-3. Such
				orders shall be entered within forty-five (45) days following the submission of
				all documents and materials necessary for the proper disposition of the case,
				including transcripts, and shall contain Findings of Fact and Conclusions of
				Law.
10.2. The Findings of Fact and
				Conclusions of Law must be approved by a majority of the Board either by a poll
				or vote at a regular meeting, before a final order is entered. A copy of the
				final order approved by a majority of the Board shall be served upon the
				Respondent within five (5) days after entry by the Board, by means of
				registered or certified mail sent to the party or his counsel.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-02 - Procedures Of The West Verginia Board Of Chiropractic Examiners › Section 4-2-11 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. An appeal
				from any final order entered in accordance with these regulations shall comply
				with the provisions of W. Va. Code '29A-5-4.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-03 - Contested Case Hearing Procedure › Section 4-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedural rules establish procedures for the adjudication of contested
				case hearings before the Board.
1.2. Authority. -- W. Va. Code ''30-16-1 et
				seq., 30-1-1 et seq. and 29A-5-1 et seq.
1.3. Filing Date. -- May 5, 1993 .
1.4. Effective Date. -- June 10,
				1993.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-03 - Contested Case Hearing Procedure › Section 4-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in these rules shall
				  have the following meanings, unless the context otherwise requires:
2.1. "Board" means the West Virginia Board of
				Chiropractic Examiners.
2.2. The
				term "demanding party" means an individual who has been denied a license to
				practice chiropractic medicine by the Board and who, as a result, demands that
				a hearing be held before the Board on the issue of such denial.
2.3. The term "charged party" means an
				individual who holds a license to practice chiropractic medicine issued by the
				Board and who has been charged by the Board as described in 3.4 of these
				rules.
2.4. The term "licensee"
				means an individual who holds a license to practice chiropractic medicine
				issued by the Board.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-03 - Contested Case Hearing Procedure › Section 4-3-4 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be recorded by
				stenographic notes and characters or by mechanical means.
4.2. All recorded materials shall be
				transcribed. The Board shall have the responsibility to make arrangements for
				the transcription of the recorded testimony and evidence.
4.3. Upon the motion of the Board or any
				party assigning error or omission in any part of any transcript, the Board or
				its appointed hearing examiner shall settle all differences arising as to
				whether such transcript truly discloses what occurred at the hearing and shall
				direct that the transcript be corrected and/or revised as appropriate so as to
				make it conform to the truth.
4.4.
				A transcript of the hearing shall be provided to all members of the Board for
				review at least ten (10) days before the vote is taken on its decision in any
				licensure or licensure disciplinary matter.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-03 - Contested Case Hearing Procedure › Section 4-3-5 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
Any party may submit proposed findings of fact and
				  conclusions of law at a time and manner designated by the Board or its duly
				  appointed hearing examiner.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-03 - Contested Case Hearing Procedure › Section 4-3-6 - Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Board may appoint a hearing examiner who shall be empowered to subpoena
				witnesses and documents, administer oaths and affirmations, examine witnesses
				under oath, rule on evidentiary matters, hold conferences for the settlement or
				simplification of issues by consent of the parties, cause to be prepared a
				record of the hearing so that the Board is able to discharge its functions and
				otherwise conduct hearings as provided in 19 CSR 5-3.10 herein.
6.2. Hearing examiners appointed by the Board
				are not authorized or empowered to grant, suspend, revoke or otherwise
				discipline any license.
6.3. The
				hearing examiner shall prepare recommended findings of fact and conclusions of
				law for submission to the Board. The Board may adopt, modify or reject such
				findings of fact and conclusions of law.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-03 - Contested Case Hearing Procedure › Section 4-3-7 - Conferences: Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At any time prior to the hearing or
				thereafter, the Board, its designee or its duly appointed hearing examiner may
				hold conferences for the following purposes:
a. To dispose of procedural requests,
				prehearing motions or similar matters;
b. To simplify or settle issues by consent of
				the parties; or c. To provide for the informal disposition of cases by
				stipulation or agreement.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-03 - Contested Case Hearing Procedure › Section 4-3-8 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
Evidentiary depositions may be taken and read or otherwise
				  included into evidence as in civil actions in the circuit courts of this
				  State.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-03 - Contested Case Hearing Procedure › Section 4-3-9 - Subpoena

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Subpoenas to
				compel the attendance of witnesses and subpoenas duces tecum to compel the
				production of documents may be issued by the Board, its Executive Secretary,
				its Assistant Executive Secretary, and by the hearing examiner appointed by the
				Board. Such subpoenas shall be issued pursuant to W. Va. Code
				'29A-5-l(b).
9.2. Written requests
				by a party for the issuance of subpoenas or subpoenas duces tecum as provided
				in subsection 9.1. of this section must be received by the Board no later than
				ten (10) days before a scheduled hearing. Any party requesting the issuance of
				subpoenas or subpoenas duces tecum shall see that they are properly served in
				accordance with W. Va. Code '29A-5-l(b).
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-03 - Contested Case Hearing Procedure › Section 4-3-10 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any final
				order entered by the Board following a hearing conducted pursuant to these
				rules shall be made pursuant to the provisions of W. Va. Code ''29A-5-3 and
				30-1-8(d). Such orders shall be entered within forty-five (45) days following
				the submission of all documents and materials necessary for the proper
				disposition of the case, including transcripts, and shall contain findings of
				fact and conclusions of law.
10.2.
				The findings of fact and conclusions of law must be approved by a majority of
				the Board either by a poll or vote at a regular meeting, before a final order
				is entered. A copy of the final order approved by a majority of the Board shall
				be served upon the demanding or charged party and/or his attorney of record, if
				any, within five (5) days after entry by the Board by personal service or by
				registered or certified mail.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-03 - Contested Case Hearing Procedure › Section 4-3-11 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
An appeal from any final order entered in accordance with
				  these rules shall comply with the provisions of W. Va. Code '30-1-9.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-04 - Formation And Approval Of Professional Limited Liability Companies › Section 4-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule addresses procedures for the formation and approval of
				professional limited liability companies for chiropractic physicians.
1.2. Authority. -- W. Va. Code '31B-13-1304.
1.3. Filing Date. -- March 29,
				1999.
1.4. Effective Date. -- March
				29, 1999.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-04 - Formation And Approval Of Professional Limited Liability Companies › Section 4-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Board. - The
				West Virginia Board of Chiropractic Examiners, established in W. Va. Code
				'30-16-4.
2.2. Professional limited liability company.
				- a limited liability company organized under Chapter 31B of the W.Va. Code for
				the purpose of rendering a professional service.
2.3. Professional services. - The services
				rendered under W. Va. Code ''30-16-1 et seq., by Chiropractic
				Physicians.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-04 - Formation And Approval Of Professional Limited Liability Companies › Section 4-4-3 - Procedures for Formation and Approval of Professional Limited Liability Companies for Chiropractic Physicians. Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Chiropractic Physicians licensed to
				practice chiropractic in an active status in this State who desire to render
				chiropractic professional services as a limited liability company shall comply
				with the provisions of W. Va. Code ''31B-1301 et seq. No professional limited
				liability company shall have as a member anyone other than a person who is duly
				licensed or otherwise legally authorized to render the professional services
				for which the professional limited liability company was organized.
3.2. The name of a professional limited
				liability company shall contain the words "professional limited liability
				company" or the abbreviation "P.L.L.C." or "Professional L.L.C."
3.3. Every professional limited liability
				company shall file with the Board at the time of formation, and on an annual
				basis on or before the first day of July the list of names of its members, and
				written documentation that the professional limited liability company carries
				at least one million dollars of professional liability insurance, together with
				an initial filing fee of $100 or an annual renewal fee of $100.
3.3.a. The requirement of carrying one
				million dollars of professional liability insurance is satisfied if the
				professional limited liability company provides one million dollars of funds
				specifically designated and segregated for the satisfaction of judgments
				against the company members or any of its professional or nonprofessional
				managers or employees arising out of the performance of professional services
				to patients or clients of the company, by:
(1)
				Deposit in trust or in bank escrow of cash, bank certificates of deposit or
				United States treasury obligation; or
(2) A bank letter of credit or insurance
				company bond.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-04 - Formation And Approval Of Professional Limited Liability Companies › Section 4-4-4 - Notification of Non-compliance, Cessation of Rendering Professional Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If the Board
				determines that a professional limited liability company is not in compliance
				with all the provisions of this rule and should cease rendering professional
				services in the State, the Board shall notify the professional limited
				liability company in writing, and upon receipt of the written notice, the
				professional limited liability company shall cease rendering professional
				services in the State.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-04 - Formation And Approval Of Professional Limited Liability Companies › Section 4-4-5 - Chiropractic Physician-Patient Relationships

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The provisions of this rule shall not be
				construed to alter or affect the chiropractic physician-patient
				relationship.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-05 - Disciplinary And Complaint Procedures For Chiropractors › Section 4-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies the procedure for the investigation and resolution of complaints
				against chiropractors and those persons or corporations rendering chiropractic
				services.
1.2. Authority. -- W. Va.
				Code '30-16-5(3).
1.3. Filing Date. -- November 28,
				2000.
1.4. Effective Date. --
				December 29, 2000.
1.5. This series
				replaces 4CSR1-13.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-05 - Disciplinary And Complaint Procedures For Chiropractors › Section 4-5-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule
				applies to all chiropractors and persons or corporations providing chiropractic
				services.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-05 - Disciplinary And Complaint Procedures For Chiropractors › Section 4-5-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the
				  following meanings, unless the context otherwise requires:
3.1. "Applicant" means any person making
				application for an original or renewal license or a temporary license to
				practice chiropractic.
3.2. "Board"
				means the West Virginia Board of Chiropractic.
3.3. "License" means a license or temporary
				permit issued by the Board to practice chiropractic.
3.4. "Chiropractor" means a practitioner of
				chiropractic.
3.5. "Investigative
				Officer" means a person licensed to practice chiropractic in this state, and is
				appointed by the Board of Chiropractic for the purpose of reviewing complaints
				against chiropractors.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-05 - Disciplinary And Complaint Procedures For Chiropractors › Section 4-5-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of License

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board
				may deny an application for license, place a chiropractor on probation, limit
				or restrict the same, suspend a license or revoke any license issued by the
				Board, upon satisfactory proof that a licensee has been convicted of a felony
				or is, in his or her professional capacity, engaged in conduct, practices or
				acts constituting professional negligence or a willful departure from accepted
				standards of professional conduct in violation of W. Va. Code '30-16-11.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-05 - Disciplinary And Complaint Procedures For Chiropractors › Section 4-5-5 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				person, firm, corporation, member of the Board, or public officer may make a
				complaint to the Board which charges a chiropractor with a violation of W. Va.
				Code '30-16-11 or
				the Legislative Rule 4CSR1-13. The Board may provide a form for that purpose,
				but a complaint may be filed in any written form. In addition to describing the
				alleged violation which prompted the complaint, the complaint must contain the
				following:
5.1.1. The name and address of the
				chiropractor against whom the complaint is lodged;
5.1.2. The date of care;
5.1.3. The name of any person who may have
				treated the patient after the alleged incident; and,
5.1.4. The name of any health care
				institution in which the patient was an inpatient or outpatient after or during
				the alleged incident.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-05 - Disciplinary And Complaint Procedures For Chiropractors › Section 4-5-6 - Contested Case Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Board may refuse to renew a license or suspend, such if it determines there is
				probable cause to believe that a chiropractor=s practices or acts constitute an
				immediate danger to the public.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-05 - Disciplinary And Complaint Procedures For Chiropractors › Section 4-5-7 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 Any applicant
				who has had his or her application for a license denied by order of the Board
				may appeal the order within thirty (30) days of that action in accordance with
				the contested case hearing procedures set forth in W. Va. Code '29A-6-1
				et seq. or 4CSR3-11 of the Board. Provided, that the appeal will not include
				cases in which the Board denies a license after an examination to test the
				knowledge or the ability of the applicant where the controversy concerns
				whether the examination was fair or whether the applicant passed the
				examination.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-06 - Fees Pertaining to the Practice of Chiropractic › Section 4-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule provides for the fees that shall apply to the practice of chiropractic in
				the State of West Virginia.
1.2.
				Authority. -- W. Va. Code
				30-16-5.
1.3. Filing Date. -- April 6, 2022.
1.4. Effective Date. -- July 1,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-06 - Fees Pertaining to the Practice of Chiropractic › Section 4-6-2 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The annual
				renewal fee for chiropractors practicing in West Virginia is $261, out of state
				or retired chiropractors is $130.
2.2. If the license renewal requirements are
				postmarked after July 1, there is a $175 late fee.
2.3. If the license renewal requirements are
				postmarked after July 31, there is an additional $175 reinstatement
				fee.
2.4. The fee for each
				application for approval for articles of incorporation is $130 per request. The
				initial filing fee for a chiropractic corporation or a professional limited
				liability company is $130 and an annual renewal fee of $130.
2.5. The examination fee is $130 per
				applicant and a fee of $45 per applicant for reexamination.
2.6. The initial licensing fee is $45 per
				licensee.
2.7. The fee for requests
				for continuing education courses is $87 per course.
2.8. The application fee for preceptorship
				approval is $45 per student.
2.9.
				There is a fee of $218 per request for address listings.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-07 - Request for Waiver of Initial Licensing Fees for Certain Individuals › Section 4-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for waiving the initial licensing fee for low
				income individuals and military personnel and their spouses.
1.2. Authority. - - W. Va. Code §
									30-1-23,
				and W. Va. Code §
									30-16-5.
1.3. Filing Date. - - March 30,
				2020
1.4. Effective Date. - - July
				1, 2020
1.5. Sunset Provision. - -
				This rule shall terminate and have no further force or effect on July 1,
				2025.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-07 - Request for Waiver of Initial Licensing Fees for Certain Individuals › Section 4-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Initial"
				means obtaining a license in West Virginia for the practice of chiropractic for
				the first time.
2.2. "Local labor
				market" means every county in West Virginia, and any county outside of West
				Virginia if any portion of that county is within fifty miles of the border of
				West Virginia, pursuant to W.Va. Code §
									21-1C-2.
2.3. "Low-income individual" means an
				individual in the local labor market as defined in W. Va. Code §
									21-1C-2,
				whose household adjusted gross income is below 130 percent of the federal
				poverty line. This term also includes any person enrolled in a state or federal
				public assistance program including, but not limited to, the Temporary
				Assistance for Needy Families Program (TANF), Medicaid, or the Supplemental
				Nutrition Assistance Program (SNAP).
2.4. "Military families" means any person who
				serves as an active member of the armed forces of the United States, the
				National Guard, or a reserve component as described in
				38
				U. S. C. §
										101, honorably discharged
				veterans of those forces, and their spouses. This term also includes surviving
				spouses of deceased service members who have not remarried.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-07 - Request for Waiver of Initial Licensing Fees for Certain Individuals › Section 4-7-3 - Request for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board may issue a license to an
				applicant who meets the requirements of W. Va. Code §
									30-16-1
et
				seq
. and the rules promulgated by the Board, and the Board shall waive
				the initial licensure fee if the applicant qualifies as a "low-income
				individual" or as an individual within the class" military families" as defined
				in this rule.
3.2. Low-income
				individuals, as defined in this rule, may seek a waiver of the initial
				licensure fee for licensure as a chiropractor by submitting with their complete
				application a low-income waiver of initial licensure fee form, provided by the
				Board, and all required verification documents as prescribed by the Board. The
				Board shall review the request for waiver and issue a decision within 30 days
				of receipt of the complete application.
3.3. Military families, as defined in this
				rule, may seek a waiver of the initial licensure fee for licensure as a
				chiropractor by submitting with their complete application a military service
				verification form, provided by the Board, and all required verification
				documents as prescribed by the Board. The Board shall review the request for
				waiver and issue a decision within 30 days of receipt of the complete
				application.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-08 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 4-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - -
				This rule establishes procedures for consideration of prior criminal
				convictions in initial licensure determinations.
1.2. Authority. - - W. Va. Code §
									30-1-24,
				and W. Va. Code §
									30-16-5.
1.3. Filing Date. - - March 30,
				2020
1.4. Effective Date. - - July
				1, 2020
1.5. Sunset Provision. - -
				This rule shall terminate and have no further force or effect on July 1,
				2025.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-08 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 4-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the Chiropractic Board established pursuant to W. Va. Code §
									30-16-1
				et seq.
2.2. "Initial" means
				obtaining a license in West Virginia for the practice of chiropractic for the
				first time.
2.3. "License" or
				"licensure" means the official authorization by the Board to engage in the
				practice of chiropractic.
2.4.
				"Unreversed", as that term refers to a criminal conviction, means that a
				conviction has not been set aside, vacated, pardoned, or expunged.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-08 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 4-8-3 - Rational nexus to the practice of chiropractic

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board may not disqualify an
				applicant from initial licensure because of a prior criminal conviction that
				remains unreversed unless that conviction is for a crime that bears a rational
				nexus to the practice of chiropractic. In determining whether a criminal
				conviction bears a rational nexus to a chiropractor, the Board shall consider
				at a minimum:
3.1.a. The nature and
				seriousness of the crime for which the individual was convicted;
3.1.b. The passage of time since the
				commission of the crime;
3.1.c. The
				relationship of the crime to the ability, capacity, and fitness required to
				perform the duties and discharge the responsibilities of a licensed
				chiropractor; and
3.1.d. Any
				evidence of rehabilitation or treatment undertaken by the individual.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-08 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 4-8-4 - Application after denial

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Notwithstanding any other provision of the W. Va. Code to the contrary, if an
				applicant has been denied licensure because of a prior criminal conviction, the
				Board shall permit the applicant to apply for initial licensure if:
4.1.a. A period of five years has elapsed
				from the date of conviction or the date of release from incarceration,
				whichever is later;
4.1.b. The
				individual has not been convicted of any other crime during the period of time
				following the disqualifying offense; and
4.1.c. The conviction was not for an offense
				of a violent or sexual nature:
Provided
. That a conviction for
				an offense of a violent or sexual nature may subject an individual to a longer
				period of disqualification from licensure, to be determined by the Board on a
				case by case basis.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-08 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 4-8-5 - Petition for licensure eligibility determination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An individual with a criminal record who
				has not previously applied for licensure may petition the Board at any time for
				a determination of whether the individual's criminal record will disqualify the
				individual from obtaining a license.
5.2. The petition shall be submitted on an
				application form prescribed by the Board and shall include sufficient details
				about the individual's criminal record to enable the Board to identify the
				jurisdiction where the conviction occurred, the date of the conviction, the
				date of the release from incarceration if applicable, and the specific nature
				of the conviction.
5.3. The
				applicant may submit the petition for licensure eligibility evidence of
				rehabilitation, letters of reference, and any other information the applicant
				deems relevant to show fitness and the ability to practice
				chiropractic.
5.4. The Board shall
				provide the determination within 60 days of receiving the petition from the
				applicant.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-09 - Chiropractic Telehealth Practice › Section 4-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule provides for the regulation of Chiropractic Interstate Telehealth
				Practitioners.
1.2. Authority. --
				W. Va. Code § 30-1-26
et seq
.
1.3. Filing Date. -- April 1, 2022
1.4. Effective Date. -- June 30,
				2022
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1, 2027.
1.6. Applicability. -- This rule
				applies to doctors of chiropractic licensed to practice in other jurisdictions
				who seek to provide limited interstate telehealth services in West
				Virginia.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-09 - Chiropractic Telehealth Practice › Section 4-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" or
				"Board of Chiropractic" means the West Virginia Board of Chiropractic
				established pursuant to W. Va. Code §
									30-16-1
et seq.
2.2.
				"Health care practitioner" means a person authorized to practice chiropractic
				under W. Va. Code §
									30-16-1
et seq
.
2.3.
				"Interstate telehealth services" means the provision of telehealth services to
				a patient located in West Virginia by a health care practitioner located in any
				other state or commonwealth of the United States.
2.4. "Registration" means an authorization to
				practice chiropractic under W. Va. Code §
									30-16-1
et seq
.for the limited purpose of providing interstate
				telehealth services.
2.5.
				"Telehealth services" means the use of synchronous or asynchronous
				telecommunications technology or audio only telephone calls by a health care
				practitioner to provide chiropractic services for assessment, intervention
				and/or consultation. The term does not include internet questionnaires, email
				messages, or facsimile transmissions, nor does it include promoting or
				soliciting patients.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-09 - Chiropractic Telehealth Practice › Section 4-9-3 - Application for Registration and Annual Review

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 To be eligible for registration, the
				registrant shall:
3.1.1. Submit a
				registration application to the Board on a form approved by the Board located
				at
www.boc.wv.gov
;
3.1.2. Pay the appropriate registration fee
				as required in W. Va. Code §
										30-16-10
et seq
., and Fees Pertaining to the Practice of Chiropractic,
				4CSR6;
3.1.3. Hold a valid, active
				chiropractic license issued by another state licensing authority or
				board;
3.1.4. Hold license(s) in
				good standing in all states in which he/she is currently licensed;
				and
3.1.5. Not currently be under
				investigation or subject to an administrative complaint.