reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-12 - PERMITTING AND DISCIPLINARY PROCEDURES: EDUCATIONAL PERMITS FOR GRADUATE MEDICAL INTERNS, RESIDENTS AND FELLOWS › Section 11-12-6 - Permit Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An
				educational permit holder shall maintain current contact information on file
				with the Board including: a preferred mailing address; a home address; and a
				current e-mail address. He or she shall notify the Board of any changes to such
				contact information, and any legal name change, within fifteen days of the
				change.
6.2. If an educational
				permit holder leaves his or her training program at any time other than the end
				of the training contract, he or she shall notify the Board, in writing, within
				five business days. Such notice must provide an explanation of the facts and
				circumstances surrounding the cessation of training.
6.3. Prior to prescribing any controlled
				substances pursuant to an educational permit issued pursuant to section 4 of
				this rule, a permit holder shall complete of a minimum of three hours of drug
				diversion training and best practice prescribing of controlled substances
				training through a Board approved course. The Board shall maintain a list of
				approved courses on its website.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-12 - PERMITTING AND DISCIPLINARY PROCEDURES: EDUCATIONAL PERMITS FOR GRADUATE MEDICAL INTERNS, RESIDENTS AND FELLOWS › Section 11-12-7 - Permit Denial, Complaint and Disciplinary Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The application denial, complaint and
				disciplinary process and procedures and appeal rights set forth in the
				contested case hearing procedure, W. Va. Code §
									29A-5-1 et seq., W. Va. Code
				§
									30-3-14(h) and
				(i), and in the Board's procedural rule, 11
				CSR 3, Board Organization and Meeting Procedure; Complaint and Contested Case
				Hearing Procedure, also apply to educational permit holders.
7.2. If the Board determines the evidence in
				its possession indicates that an educational permit holder's continuation in
				practice or unrestricted practice as part of a graduate medical training
				program constitutes an immediate danger to the public, the Board may take any
				of the actions provided in W. Va. Code §
									30-3-14(j) on a
				temporary basis and without a hearing if institution of proceedings for a
				hearing before the Board are initiated simultaneously with the temporary action
				and begin within fifteen days of the action. The Board shall render its
				decision within five days of the conclusion of a hearing under this
				subsection.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-12 - PERMITTING AND DISCIPLINARY PROCEDURES: EDUCATIONAL PERMITS FOR GRADUATE MEDICAL INTERNS, RESIDENTS AND FELLOWS › Section 11-12-8 - Denial of Permit and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If
				an educational permit applicant or holder is found guilty of, or pleads guilty
				or nolo contendere to, any felony involving prescribing, selling,
				administering, dispensing, mixing or otherwise preparing any prescription drug,
				including any controlled substance for other than generally accepted
				therapeutic purposes under state or federal law and in a state or federal court
				of competent jurisdiction, the Board shall deny the permit application or
				revoke the physician's permit without resort to the procedures set forth in
				section 8 of this rule. A certified copy of the guilty verdict or plea rendered
				is sufficient proof for permit denial or revocation.
8.2. The Board shall deny an application for
				an educational permit if the applicant:
8.2.1.
				Is ineligible based upon the criteria set forth in W. Va. Code §
										30-3-16 or this rule;
8.2.2. Has ever held a license to practice
				medicine and surgery in West Virginia; or
8.2.3. Has ever had an educational permit or
				a license to practice medicine and surgery revoked, suspended or surrendered in
				any jurisdiction unless such action is no longer in effect and the
				authorization to practice has been restored.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-12 - PERMITTING AND DISCIPLINARY PROCEDURES: EDUCATIONAL PERMITS FOR GRADUATE MEDICAL INTERNS, RESIDENTS AND FELLOWS › Section 11-12-9 - Reciprocal Educational Permit Eligibility and Application

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A participant in ACGME-approved medical
				residency program outside of West Virginia who holds an educational permit,
				current license or other authorization to practice medicine and surgery in the
				state where the residency program is domiciled and who seeks to participate in
				a temporary residency rotation within West Virginia shall, at least thirty days
				in advance of the rotation, apply for a reciprocal educational permit from the
				Board.
9.2. Pursuant to a
				reciprocal educational permit, a physician's practice is limited to the
				location and scope of his or her temporary West Virginia residency
				rotation.
9.3. A reciprocal
				educational permit shall be limited to a period of sixty concurrent days and is
				nonrenewable. The Board may issue a reciprocal educational permit to a
				physician once each academic year.
9.4. Applicants must provide the following
				information in association with an application for a reciprocal educational
				permit:
9.4.1. The applicant's legal name,
				e-mail address, home address, preferred mailing address and telephone
				numbers;
9.4.2. Demographic
				information of the applicant, such as date of birth, place of birth, sex,
				etc.;
9.4.3. Satisfactory proof
				that the applicant holds the appropriate authorization to practice medicine and
				surgery in the state where the applicant's residency program is
				domiciled;
9.4.4. Primary source
				verification from the program director of the proposed graduate medical
				training, or his or her designee, which establishes:
9.4.4.a. The applicant is under contract as a
				resident in a program of post-graduate clinical training approved by the
				ACGME;
9.4.4.b. The applicant is in
				good standing with the residency program; and
9.4.4.c. The dates the applicant is scheduled
				to participate in a temporary residency rotation in West Virginia and the
				location of the training; and
9.4.5. An application fee of $50.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-12 - PERMITTING AND DISCIPLINARY PROCEDURES: EDUCATIONAL PERMITS FOR GRADUATE MEDICAL INTERNS, RESIDENTS AND FELLOWS › Section 11-12-10 - Required Reports from Graduate Medical Education Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Every graduate medical education
				program providing graduate medical education to residents or fellows in West
				Virginia shall notify the Board within five days of the termination of any
				graduate medical education contract with a physician who holds an educational
				permit issued by the Board.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-13 - Waiver of Initial Licensing Fees for Certain Initial Licensure Applicants › Section 11-13-1 - 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 families.
1.2. Authority. -- W. Va. Code §
									30-1-23.
1.3. Filing Date. -- May 4, 2020.
1.4. Effective Date. -- August 2,
				2020.
1.5. Sunset Provision -- This
				rule shall terminate and have no further force or effect upon August 2,
				2025.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-13 - Waiver of Initial Licensing Fees for Certain Initial Licensure Applicants › Section 11-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For purposes
				of this rule, the following words and terms mean:
2.1.1."Below 130 percent of the poverty line"
				means below 130 percent of the poverty line pursuant to the most recent annual
				poverty guidelines released by the United States Department of Health and Human
				Services.
2.1.2. "Board" means the
				West Virginia Board of Medicine.
2.1.3. "Initial license" means the first
				license approved by the Board and issued to an applicant:
To practice medicine and surgery;
To practice podiatric medicine and surgery; or
To practice as a physician assistant in collaboration with
				  physicians in West Virginia.
Initial license does not include permits to participate in
				  graduate medical training which are issued by the Board.
2.1.4. "Initial licensing fee" only means a
				fee directly assessed, collected and retained by the Board in connection with:
An application for an initial medical license;
An application for an initial podiatric license; or
An application for an initial physician assistant
				  license.
This term does not include fees assessed by third parties
				  which may be necessary to obtain documentation and/or information needed to
				  complete an applicant's initial application.
2.1.5. "LIW" means the Low-Income Waiver form
				used to request a waiver of the initial licensing fee for low-income
				individuals.
2.1.6. "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.
2.1.7. "Low-income individual" means an
				individual who resides in the local labor market whose household adjusted gross
				income is below 130 percent of the federal poverty line. This term also
				includes any person enrolled in the Temporary Assistance for Needy Families
				Program (TANF), Medicaid, the Supplemental Nutrition Assistance Program (SNAP)
				or other state or federal public assistance program with substantially
				equivalent low-income eligibility requirements.
2.1.8. "Military family" 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.
2.1.9. "MFW" means the Military Family Waiver
				form used to request a waiver of the initial licensing fee for military service
				members and eligible spouses.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-13 - Waiver of Initial Licensing Fees for Certain Initial Licensure Applicants › Section 11-13-3 - Request for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An individual applying for an initial
				license who seeks a waiver of the initial licensing fee pursuant to the
				low-income or military family waiver shall make his or her request to the Board
				on the appropriate fee waiver form and provide all required documentation and
				information.
3.2. The Board shall
				provide the LIW and MFW initial licensing fee waiver forms and instructions on
				what documentation is necessary to submit when an individual is seeking the
				low-income or military family initial licensing fee waiver.
3.3. The Board shall process the initial
				licensing fee waiver form and notify the individual whether he or she meets the
				eligibility requirements for an initial licensing fee waiver within thirty days
				of receipt of all required information and documentation. The thirty-day
				processing period shall not commence until the Board has received a completed
				LIW or MFW form and the individual has provided all required documentation and
				information needed to process the request.
3.4. Approval of the initial licensing fee
				waiver for an individual does not entitle the individual to receive a West
				Virginia license. An individual granted an initial licensing fee waiver must
				still apply for licensure and meet the qualifications and criteria for
				licensure as set forth in W. Va. Code §
									30-3-1,
et seq
.,or W. Va. Code §
									30-3E-1,
et seq
., and the Board's corresponding legislative
				rules.
3.5. An applicant who
				receives an initial licensing fee waiver pursuant to this rule must apply for a
				license no later than sixty days after the initial licensing fee waiver is
				granted or the waiver shall expire.
3.6. An applicant shall only be eligible for
				one initial licensing fee waiver from the Board.
3.7. The Board shall deny a request for an
				initial licensing fee waiver if the applicant:
3.7.1. Has previously held a license in this
				state for the same occupation;
3.7.2. Does not meet the eligibility criteria
				for a low-income or military family waiver;
3.7.3. Submits false or fraudulent
				information in association with the initial licensing fee waiver application;
				or
3.7.4. Has previously received
				an initial licensing fee waiver from the Board for the same
				occupation.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-13 - Waiver of Initial Licensing Fees for Certain Initial Licensure Applicants › Section 11-13-4 - Required Documentation for a Waiver of Initial Licensing Fees for Low-Income Individuals

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				individual requesting a waiver of the initial licensing fee as a low-income
				individual shall submit a completed LIW form and all appropriate documentation
				and information specified in this section.
4.2. To establish eligibility for a waiver of
				an initial licensing fee based upon low-income, the applicant must either:
4.2.1. Be in the local labor market and
				submit the appropriate Federal Income Tax returns for the preceding year which
				verifies that the applicant has a household adjusted gross income below 130
				percent of the federal poverty line; or
4.2.2. Submit certified documents or other
				documents satisfactory to the Board which verify that the individual is
				enrolled in the Temporary Assistance for Needy Families Program (TANF),
				Medicaid, the Supplemental Nutrition Assistance Program (SNAP) or other state
				or federal public assistance program with substantially equivalent low-income
				eligibility requirements.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-13 - Waiver of Initial Licensing Fees for Certain Initial Licensure Applicants › Section 11-13-5 - Required Documentation for a Waiver of Initial Licensing Fees for Military Families

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An
				individual requesting a military family waiver of the initial licensing fee
				shall submit a completed MFW form and all appropriate documentation and
				information specified in this section.
5.2. To establish eligibility for a military
				family waiver of the initial licensing fee, an individual shall submit the
				following documentation to the Board:
5.2.1.
				If the applicant is the service member, the applicant's DD-214 form, NGB-22
				form, a copy of the applicant's current military orders or other official
				military documentation satisfactory to the Board demonstrating the service
				member's qualifying past or current military service;
5.2.2. If the applicant is the spouse of a
				service member, the applicant must submit:
5.2.2.a. The service member's DD-214 form,
				NGB-22 form, a copy of the service member's current military orders or other
				official military documentation satisfactory to the Board demonstrating the
				service member's qualifying past or current military service; and
5.2.2.b. A copy of the certificate of
				marriage between the applicant and the service member.
5.2.3. If the applicant is the surviving
				spouse of a service member and has not remarried, the applicant must submit:
5.2.3.a. The decedent service member's
				DD-1300 form or substantially equivalent official military report of casualty
				form, or a certified copy of the death certificate for the decedent service
				member plus the decedent service member's DD-214 form, NGB-22 form or other
				official military documentation satisfactory to the Board demonstrating the
				decedent service member's qualifying past military service;
5.2.3.b. A copy of the certificate of
				marriage between the applicant and the decedent service member; and
5.2.3.c. A notarized affidavit from the
				applicant verifying that the applicant has not remarried.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-14 - Registration to Practice During Declared State of Emergency › Section 11-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for authorizing a physician or physician assistant
				who does not hold an active status medical license to practice in West Virginia
				during a declared state of emergency.
1.2. Authority. -- W. Va. Code §§
									30-3-7(a)(1)
				and
				30-3E-3(a).
1.3. Filing Date. -- May 9, 2022.
1.4. Effective Date. -- July 1,
				2022.
1.5. Sunset Provision -- This
				rule shall terminate and have no further force or effect upon August 1,
				2027.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-14 - Registration to Practice During Declared State of Emergency › Section 11-14-2 - Registration for Out-Of-State Physicians and Physician Assistants to Practice in West Virginia During Declared State of Emergency

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. In the event of an emergency declared by
				the Governor of West Virginia, the Board shall allow a physician or physician
				assistant licensed in another state to provide medical care in West Virginia
				under special provisions during the period of the declared emergency, subject
				to such limitations and conditions as the Governor may prescribe. To be
				eligible to practice pursuant to this rule, the physician or physician
				assistant must register with the Board.
2.2. The out-of-state physician or physician
				assistant shall submit to the Board the following information on a form
				provided by the Board to establish eligibility for registration to practice
				during a declared state of emergency:
2.2.1.
				Verification of a valid, permanent, current, and unrestricted license to
				practice in another state;
2.2.2.
				Verification that the physician or physician assistant is not the subject of a
				pending or active complaint, investigation, Consent Order, Board Order or
				pending disciplinary proceeding in any jurisdiction;
2.2.3. Verification that the physician or
				physician assistant has not surrendered a license while under investigation or
				had a license revoked in any jurisdiction, unless the revocation was
				subsequently withdrawn or overturned;
2.2.4. Date of birth and current contact
				information, including home address and valid email address; and
2.2.5. Current federal or state photo
				identification, i.e., driver license or passport.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-14 - Registration to Practice During Declared State of Emergency › Section 11-14-3 - Registration for Inactive and Retired West Virginia Physicians and Physician Assistants to Practice in West Virginia During Declared State of Emergency

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In the event
				of an emergency declared by the Governor of West Virginia, the Board shall
				allow an inactive or retired physician or physician assistant who currently
				holds an inactive or expired status West Virginia medical license or physician
				assistant license to provide medical care in West Virginia under special
				provisions during the period of the declared emergency, subject to such
				limitations and conditions as the Governor may prescribe. To be eligible to
				practice pursuant to this rule, the physician or physician assistant must
				register with the Board.
3.2. To be
				eligible for registration to practice under this section, the physician or
				physician assistant must:
3.2.1. Have had an
				active clinical practice within the last five years;
3.2.2. No longer hold an active status
				medical or physician assistant license in any state;
3.2.3. Not have surrendered a medical license
				or physician assistant license while under investigation or had a license
				revoked in any jurisdiction, unless the revocation was subsequently withdrawn
				or overturned; and
3.2.4. Have been
				in good standing at the time the physician's West Virginia medical license or
				the physician assistant's West Virginia physician assistant license became
				inactive or expired.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-14 - Registration to Practice During Declared State of Emergency › Section 11-14-4 - Required Records

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board
				shall provide each physician and physician assistant registered to practice
				during a declared state of emergency written verification of registration and
				registration expiration via email.
4.2. The Board shall maintain a list of each
				physician and physician assistant who is registered to practice in West
				Virginia during a declared state of emergency pursuant to the provisions of
				this rule.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-14 - Registration to Practice During Declared State of Emergency › Section 11-14-5 - Professional Conduct, Authorization Denial, Complaint and Disciplinary Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Board shall deny a registration to practice during a declared state of
				emergency to any physician or physician assistant who is ineligible based upon
				the criteria set forth in this rule or additional criteria established by the
				Governor during the declared state of emergency.
5.2. A physician or physician assistant who
				is registered to practice pursuant to this rule is required to meet the
				professional conduct standards and requirements required of licensed physicians
				and licensed physician assistants in West Virginia.
5.3. A physician assistant who is registered
				to practice pursuant to this rule must practice pursuant to an active Practice
				Notification pursuant to W. Va. Code §
									30-3E-1
et seq.,
and all applicable legislative rules.
5.4. The Board may rescind a registration
				granted pursuant to this rule for conduct which is equivalent to any of the
				grounds cited for the discipline in W. Va. Code §
									30-3-14(c),
				section 12 of the Board's rule 11 CSR 1A, and/or section 21 of 11 CSR 1B. In
				its discretion, the Board may also report or refer any complaint or allegation
				of professional misconduct to an emergency registrant's out of state licensing
				board.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants › Section 11-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the scope of practice for the provision of medical services
				via telehealth technologies and the process for allopathic physicians,
				podiatric physicians, and physician assistants to obtain an interstate
				telehealth registration with the Board.
1.2. Authority. -- W. Va. Code §
				30-1-26(b).
1.3. Filing Date. --
				May 9, 2022.
1.4. Effective Date.
				-- June 1, 2022.
1.5. Sunset
				Provision -- This rule shall terminate and have no further force or effect upon
				August 1, 2027.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants › Section 11-15-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the West Virginia Board of Medicine, established in W. Va. Code §
									30-3-5.
2.2. "CSMP" means the West Virginia
				Controlled Substances Monitoring Program repository and database.
2.3. "Distant site" means the telehealth site
				where the health care practitioner is seeing the patient at a distance or
				consulting with a patient's health care practitioner.
2.4. "Established patient" means a patient
				who has received professional services, face-to-face, from the physician,
				qualified health care professional, or another physician or qualified health
				care professional of the exact same specialty and subspecialty who belongs to
				the same group practice, within the past three years.
2.5. "Good standing" means a license that:
2.5.1. Is not currently revoked, suspended,
				or subject to a probationary period or a practice restriction or
				limitation;
2.5.2. Was not
				surrendered while under or to avoid an investigation or disciplinary action;
				or
2.5.3. Was not revoked,
				suspended, or subject to a probationary period or a practice restriction or
				limitation at the time the license expired, lapsed, terminated, or was
				cancelled.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants › Section 11-15-3 - Telehealth Practice Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The practice of medicine and podiatric
				medicine occurs where the patient is located at the time health services,
				including telehealth services, are provided.
3.2. A health care practitioner may not
				provide telehealth services to patients in West Virginia unless the
				practitioner is:
3.2.1. Licensed by the Board;
				or
3.2.2. Registered with the Board
				pursuant to this rule or pursuant to 11 CSR 14 during a declared state of
				emergency.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants › Section 11-15-4 - Interstate Telehealth Registration Eligibility; Invalidation and Reinstatement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 A
				health care practitioner who is not licensed in West Virginia may only provide
				telehealth services pursuant to this rule if the practitioner is eligible for
				an interstate telehealth registration.
4.2. A health care practitioner is eligible
				for an interstate telehealth registration issued by the Board if all of the
				following requirements are continuously met:
4.2.1 The practitioner holds a valid, active
				medical license issued by another state licensing authority or board;
4.2.2 The practitioner is licensed in good
				standing in all states in which the practitioner is licensed;
4.2.3. The practitioner is not the subject of
				an administrative complaint which is currently pending before another state
				licensing authority or board; and
4.2.4. The practitioner is not currently
				under investigation by another state licensing authority or
				board.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants › Section 11-15-5 - Interstate Telehealth Registration Application, Renewal and Expiration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An eligible
				health care practitioner who is not licensed in West Virginia may apply for an
				interstate telehealth registration with the Board.
5.2. The Board shall issue an interstate
				telehealth registration to a health care practitioner who:
5.2.1. Meets all eligibility requirements for
				an interstate telehealth registration set forth above in Section 4 of this
				rule; and
5.2.2. Submits a complete
				application for an interstate telehealth registration, including all required
				documentation and verifications, which is accompanied by the appropriate
				fee.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants › Section 11-15-6 - Establishment of the Provider-Patient Relationship

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Among other ways, a provider-patient
				relationship is formed when a provider serves a patient's medical needs,
				examines, diagnoses or treats a patient, or agrees to examine, diagnose or
				treat a patient.
6.2. A
				provider-patient relationship may be established through:
6.2.1. An in-person patient
				encounter;
6.2.2 Store and forward
				telemedicine or other similar technologies for the practice of pathology and
				radiology;
6.2.3. Telemedicine
				technologies which incorporate interactive audio using store and forward
				technology, real-time videoconferencing, or similar secure video services
				during the initial provider-patient encounter; or
6.2.4. Audio-only calls or conversations that
				occur in real time.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants › Section 11-15-7 - Standard of Care, Delivery of Telehealth Services and Medical Records

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A telehealth
				provider has the duty to practice in a manner consistent with:
7.1.1. The provider's scope of
				practice;
7.1.2. The professional
				conduct standards established in this state for the provider's profession;
				and
7.1.3. The standard of care
				applicable to the provider's practice.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants › Section 11-15-8 - Prescribing Authority and Limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. When prescribing to a patient via
				telemedicine, a telehealth provider shall prescribe within the prescriptive
				authority of the provider's profession in this state.
8.2. A telehealth provider who provides
				health care to a patient solely through the use of telemedicine technologies is
				prohibited from prescribing a controlled substance listed in Schedule II of the
				Uniform Controlled Substance Act except under the following circumstances,
				which are authorized by W. Va. Code §
									30-3-13a:
8.2.1. The patient is an established patient
				of the prescribing telehealth provider's group practice;
8.2.2. The provider submits an order to
				dispense a Schedule II controlled substance to a hospital patient, other than
				in the emergency department, for immediate administration in a hospital;
				or
8.2.3. The telehealth provider
				is treating patients who are minors, or if 18 years of age or older, who are
				enrolled in a primary or secondary education program and are diagnosed with
				intellectual or developmental disabilities, neurological disease, Attention
				Deficit Disorder, Autism, or a traumatic brain injury in accordance with
				guidelines as set forth by organizations such as the American Psychiatric
				Association, the American Academy of Child and Adolescent Psychiatry, or the
				American Academy of Pediatrics. The provider must maintain records supporting
				the diagnosis and the continued need of treatment.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants › Section 11-15-9 - Complaint and Disciplinary Procedures for Interstate Telehealth Registrants

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. By registering
				with the Board to provide interstate telehealth services to patients in this
				state, a health care practitioner is subject to:
9.1.1. All state laws regarding the
				registrant's profession in this state;
9.1.2. The state judicial system;
9.1.3. All professional conduct rules and
				standards incorporated into the West Virginia Medical Practice Act and/or West
				Virginia Physician Assistants Practice Act and the Board's legislative rules;
				and
9.1.4. The jurisdiction of the
				Board, including the Board's complaint, investigation, and hearing
				process.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants › Section 11-15-10 - Registration Denial, Professional Conduct, and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Board shall deny an application for
				an interstate telehealth registration, or a registration renewal, to any
				applicant who is ineligible based upon the criteria set forth in W. Va. Code
				§ 30-1-26 or section 4 of this rule.
10.2. In circumstances where a registration
				is not declined or invalidated due to ineligibility, the Board may discipline a
				health care practitioner registered by the Board who, after a hearing, has been
				adjudged by the Board as unqualified due to any of the following reasons:
10.2.1. Conduct by a registrant which is
				equivalent to any of the grounds cited for the discipline in W. Va. Code §
										30-3-14(c)
										§ 30-3E-17(b), section 12 of 11 CSR 1A, or section 21 of 11 CSR 1B, which
				apply equally to registrants or applicants as they do to licensees;
				or
10.2.2. Failure to comply with
				any provision of this rule, the provisions of W. Va. Code §
										30-1-16,
				or § 30-3-13 a; and/or
10.2.3.
				Failure to immediately notify the Board of any restrictions placed on the
				registrant's professional license in any state or jurisdiction.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-15 - Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants › Section 11-15-11 - Required Records

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Board
				shall provide each interstate telehealth practitioner registered written
				verification of registration and registration expiration via email.
11.2. The Board shall maintain a list of all
				practitioners who are registered with the Board as interstate telehealth
				practitioners and shall publish the following information for each registrant
				on its website:
11.2.1. Full name;
11.2.2. Health profession;
11.2.3. Registration date;
11.2.4. Registration status;
11.2.5. Registrant-reported
				education;
11.2.6. States of
				licensure;
11.2.7. Primary practice
				address or preferred contact address; and
11.2.8. Any disciplinary action taken by the
				Board.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-16 - Prohibiting Sexual Misconduct by Health Care Practitioners › Section 11-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes the
				definition of sexual misconduct and identifies sexual misconduct, for which an
				application may be denied and/or a license or other authorization to practice
				may be subject to disciplinary action.
1.2. Authority. -- W. Va. Code §§
									30-3-7(a)(1) and 30-3-14(u).
1.3.
				Filing Date. - May 10, 2023.
1.4.
				Effective Date. - June 1, 2023.
1.5. Sunset Provision -- This rule shall
				terminate and have no further force or effect upon August 1, 2028.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-16 - Prohibiting Sexual Misconduct by Health Care Practitioners › Section 11-16-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Chaperone" means a third person who,
				with the patient's consent, is present during a medical examination.
2.2. "Health care practitioner" or
				"practitioner" means:
2.2.1. A physician,
				podiatric physician or physician assistant who holds any practice credential
				issued by the Board; or
2.2.2. An
				applicant for any practice credential issued by the Board.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-16 - Prohibiting Sexual Misconduct by Health Care Practitioners › Section 11-16-3 - Sexual Misconduct With A Patient

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Practitioners are prohibited from engaging in sexual misconduct with a
				patient.
3.2. Sexual misconduct
				with a patient constitutes dishonorable, unethical, and unprofessional
				conduct.
3.3. Sexual misconduct
				with a patient involving sexual contact or sexual interaction constitutes gross
				misconduct.
3.4. Patient consent,
				participation in, or initiation of sexual contact, sexual interaction or sexual
				impropriety with a practitioner may not be used by the practitioner as defense
				to charges of practitioner sexual misconduct or as mitigation of professional
				misconduct.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-16 - Prohibiting Sexual Misconduct by Health Care Practitioners › Section 11-16-4 - Sexual Misconduct With A Surrogate

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Practitioners are prohibited from engaging in sexual misconduct with a
				surrogate.
4.2. It is not sexual
				misconduct for a practitioner to participate in a romantic or sexual
				relationship with a surrogate if:
4.2.1. The
				practitioner-patient relationship has terminated;
4.2.2. The surrogate no longer serves as a
				surrogate for the patient; or
4.2.3. Objective evidence exists for a
				reasonable practitioner to conclude that a romantic or sexual relationship
				between the practitioner and surrogate:
4.2.3.a. Would not exploit trust, knowledge,
				influence, or emotions derived from a practitioner's professional relationship
				with the surrogate;
4.2.3.b. Would
				not compromise or have an adverse effect on the patient's care; and
4.2.3.c. The surrogate's decisions and
				participation in the patient's health care do not directly affect the health
				and welfare of the patient.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-16 - Prohibiting Sexual Misconduct by Health Care Practitioners › Section 11-16-5 - Sexual Misconduct With A Former Patient

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				A romantic or sexual relationship between a practitioner and a former patient
				after termination of the practitioner-patient relationship constitutes sexual
				misconduct if:
5.1.1. The relationship is, at
				least in part, a result of the exploitation of trust, knowledge, emotions or
				influence derived from the previous professional relationship or if the
				relationship would otherwise foreseeably harm the former patient;
5.1.2. The relationship occurs within 90 days
				of the termination of the practitioner-patient relationship; or
5.1.3. The practitioner provided psychiatric
				or mental health services to the patient and the conduct is in violation of the
				code of ethics of the American Psychiatric Association as set forth in
American Psychiatric Association's Principles of Medical Ethics With
				Annotations Especially Applicable to Psychiatry.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-16 - Prohibiting Sexual Misconduct by Health Care Practitioners › Section 11-16-6 - Other Practitioner Sexual Misconduct

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Sexual relationships between practitioners who supervise health care
				practitioners in training and trainees currently under their supervision are
				unethical and constitute practitioner sexual misconduct. Trainee consent is not
				a defense to charges of professional misconduct.
6.2. Engaging in sexual impropriety,
				including sexual harassment, in the practice of a health profession or in a
				practitioner's work environment is unethical, may disrupt patient care, and
				constitutes sexual misconduct.
6.3.
				Sexual misconduct with respect to trainees and other individuals a practitioner
				encounters during the course of the practitioner's professional practice as set
				forth in this section constitutes dishonorable, unethical, and unprofessional
				conduct.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-16 - Prohibiting Sexual Misconduct by Health Care Practitioners › Section 11-16-7 - Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A practitioner's failure to provide for
				appropriate draping, include chaperones for certain examinations, exclude third
				parties from examinations absent patient consent, or to wear required personal
				protective equipment while conducting intimate examinations shall not
				constitute sexual misconduct if:
7.1.1. The
				conduct occurred while the practitioner rendered clinically necessary health
				care services to the patient in an emergency;
7.1.2. The patient's clinical condition
				required immediate action; and
7.1.3. The patient was unconscious or
				otherwise unable to provide consent for the healthcare services and the
				practitioner's conduct conformed to the standard of care for the patient
				presentation in an emergency setting.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-16 - Prohibiting Sexual Misconduct by Health Care Practitioners › Section 11-16-8 - Disciplinary Action

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Practitioners who engage in sexual misconduct or other violations of the
				professional conduct standards set forth in this rule shall be subject to
				license or other credential denial proceedings or disciplinary action pursuant
				to the processes, standards and penalties set forth in the West Virginia
				Medical Practice Act, W. Va. Code §
									30-3-1
et seq
., the
				West Virginia Physician Assistants Practice Act
,
W. Va. Code
				§
									30-3E-1
et seq
., and W. Va. Code R. §
									11-1A-12
.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-16 - Prohibiting Sexual Misconduct by Health Care Practitioners › Section 11-16-9 - Required Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any person
				who holds a practice credential issued by the Board shall submit a written
				report to the Board in conformity with the provisions of W. Va. Code §
									30-3-14(b)(5) if he or she reasonably believes that a person licensed or
				otherwise authorized to practice by the Board has:
9.1.1. Exercised influence within a
				provider-physician relationship for the purpose of engaging a patient in sexual
				activity; or
9.1.2. Engaged in
				other sexual misconduct with a patient.
Provided, that a person does not have an individual
				  obligation to submit a report if the person's knowledge is gained solely
				  through participation on a medical staff committee tasked with investigation
				  and other peer review activities. This exception does not relieve any
				  institutional obligations to comply with the provisions of W. Va. Code
				  §§
											30-3-14(b)(2) or (3).
West Virginia Code of State Rules › Agency 12 - Nursing Home Licensing Advisory › Series 12-01 - Regular Meetings Of The WV Nursing Home Licensing Advisory Council › Section 12-01-1 - GeneraI

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1
Scope
- Chapter 6,
			 Article 9A, Section 3 of the West Virginia Code mandates that the West Virginia
			 nursing home licensing advisory council shall promulgate rules by which the time
			 and the place of at! regularly scheduled meetings and the time, place, and
			 purpose of all special meetings are made available in advance, to the public and
			 the news media, except in the event of an emergency requiring immediate official
			 action.
1.2.
Authority
- This procedural rule is issued under the
			 authority of and is related to Chapter 6, Article 9A, Section 3 of the West
			 Virginia Code.
1.3.
Filing Date
- This rule was promulgated on the 15th day
			 of May, 1984, and filed on the 14th day of December, 1984, in the Secretary of
			 State's office.
1.4.
Effective Date
- This rule became effective on the 14th
			 day of January, 1985.
West Virginia Code of State Rules › Agency 12 - Nursing Home Licensing Advisory › Series 12-01 - Regular Meetings Of The WV Nursing Home Licensing Advisory Council › Section 12-01-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule shall apply to the council and any and all individuals desiring to attend or to address the West Virginia nursing home licensing advisory council. The enforcement of this rule shall be vested with the secretary of the West Virginia nursing home licensing advisory council.
West Virginia Code of State Rules › Agency 12 - Nursing Home Licensing Advisory › Series 12-01 - Regular Meetings Of The WV Nursing Home Licensing Advisory Council › Section 12-01-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1
Council
- The West
			 Virginia nursing home licensing advisory council established by
Nursing Home Licensure
, West Virginia Board of Health
			 Legislative Rules, Chapter 16-5C, Series 1 (1983), as amended.
3.2.
Department
- The
			 West Virginia department of health.
3.3.
Meeting
- The
			 convening of a governing body of a public body for which a quorum is required.
3.4.
Quorum
- A simple majority of the constituent membership of the council.
3.5. Secretary - The director of the health
			 facilities evaluation divison of the West Virginia department of
			 health.