reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-11 - Education Requirements › Section 32-11-4 - General Criteria for Approval of Acupuncture Training Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The total
				number of hours of oriental medical theoretical training shall consist of a
				minimum of eighteen hundred (1,800) hours and the total number of hours of
				clinical instruction shall consist of a minimum of 300 hours. and the course
				work shall extend over a minimum period of four (4) academic years or, eight
				(8) semesters or, twelve (12) quarters or, nine (9) trimesters, or thirty-six
				(36) months.
4.2. Candidates for
				admission shall have successfully completed an approved high school course of
				study or have passed a standard equivalency test.
4.3. The course of training shall be located
				in a W. Va. State university or college, or an institution approved by the
				Board, or in the case of training programs located outside West Virginia, in an
				institution which is approved by the appropriate governmental accrediting
				authority or an accrediting agency recognized by the U.S. Department of
				Education.
4.4. The training
				program shall develop an evaluation mechanism to determine the effectiveness of
				its theoretical and clinical program.
4.5. Course work shall carry academic
				credit.
4.6. The director of the
				clinical portion of the training program shall be a licensed acupuncturist or
				other licensed practitioner authorized to practice acupuncture.
4.7. All instructors shall be competent to
				teach their designated courses by virtue of their education, training and
				experience.
4.10. Each approved
				course of training shall receive accreditation or approval for schools and
				colleges by an agency approved by the U. S. Department of Education or the
				approval of the course of training by the Board shall automatically
				lapse.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-11 - Education Requirements › Section 32-11-7 - Documentation Required for Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
Educational institutions or programs seeking approval of an
				  acupuncture training program shall provide the Board with any documents and
				  other evidence as may be necessary for the Board to determine the actual nature
				  and extent of the training offered, including but not limited to. catalogues,
				  course description, curricula plans, and study bulletins.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-11 - Education Requirements › Section 32-11-8 - Suspension or Revocation of Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may deny, place on probation. suspend or revoke the
				  approval granted to any acupuncture training program for any failure to comply
				  with W. Va. Code '30-36-1
				  et seq. or this rule.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-11 - Education Requirements › Section 32-11-9 - School Monitoring: Records: Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Every approved acupuncture school in W.
				Va. shall to submit the Board within sixty (60) days after the close of the
				school's fiscal year a current course catalog with a letter outlining the
				following:
9.1.1. Courses added or deleted or
				significantly changed from the previous year's curriculum;
9.1.2. Changes in faculty, administration, or
				the governing body;
9.1.3. Major
				changes in the school facility; and
9.1.4. A statement regarding the school's
				financial condition, which enables the committee to evaluate whether the school
				has sufficient resources to ensure the capability of the program for enrolled
				students.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				section establishes the educational requirements for licensed acupuncture
				applicants completing a tutorial or apprenticeship program.
1.2. Authority. -- W. Va. Code '30-36-7.
1.3. Filing Date. -- May 21, 1999.
1.4. Effective Date. -- May 21,
				1999.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Acupuncture
				tutorial. -- An acupuncture apprenticeship program which is approved by the
				Board pursuant to the Code which when successfully completed meets the
				requirements of W. Va. Code '30-35-10(3)
				for licensure as an acupuncturist.
3.2. Supervising acupuncturist. -- A licensed
				acupuncturist who is approved by the Board to provide an acupuncture tutorial
				to a trainee who is registered with the Board.
3.3. Trainee. -- A person who is registered
				with the Board in order to participate in an acupuncture tutorial under a
				supervising acupuncturist.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-4 - Prior Approval to Practice as an Acupuncture Trainee

Current through Register Vol. XLI, No. 28, July 12, 2024
A person shall obtain prior approval of the Board to practice
				  in acupuncture tutorial.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-5 - Prior Approval to Supervise an Acupuncture Trainee

Current through Register Vol. XLI, No. 28, July 12, 2024
An acupuncturist shall obtain prior approval to supervise any
				  acupuncture trainee in an acupuncture tutorial from the
				  Board.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-6 - Filing of Applications: Credit for Prior Training

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An applicant for acupuncture trainee
				shall file for approval on a form provided by the Board and accompanied by the
				required application fee, 32CRS4.
6.1. An applicant for supervisor shall file
				for approval on a form provided by the Board and accompanied by any necessary
				documents, including the training agreement and the required application fee,
				32CRS4.
6.2. An acupuncture trainee
				with prior training and experience which meets the standards of the Board may
				reduce the required hours of theoretical and clinical training based on the
				prior training and experience. Evidence of the prior training and experience
				should be submitted to the Board for its review with the application for
				registration of the trainee.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-7 - Requirements for Approval of an Acupuncture Tutorial

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The supervisor and the acupuncture
				trainee shall develop a written training agreement containing the required
				elements of the acupuncture tutorial. The agreement should provide a trainee
				with a structured learning experience in all the basic skills and knowledge
				necessary for the independent practice of acupuncture and should prepare the
				trainee for the Board's examination for acupuncture licensure.
7.2. The training agreement shall specify
				whether acupuncture tutorial is employment. Employment may be a full-time or
				part time.
7.3. An acupuncture
				tutorial shall provide formal clinical training with supplemental theoretical
				and didactic instruction. That training required in W. Va. Code '30-36-10
				from an approved acupuncture school or another post secondary educational
				institution which is accredited or approved under or is accredited by a
				regional accrediting agency authorized by the U.S. Department of
				Education.
7.4. The clinical
				training shall consist of a minimum of 300 hours in the following areas:
7.4.1. Practice observation;
7.4.2. History and physical
				examination;
7.4.3. Therapeutic
				treatment planning;
7.4.4.
				Preparation of the patient;
7.4.5.
				Sterilization, use and maintenance of sterilization equipment;
7.4.6. Moxibustion;
7.4.7. Electroacupuncture (AC and DC
				voltages);
7.4.8. Body and
				auricular acupuncture;
7.4.9.
				Treatment of emergencies, including cardiopulmonary resuscitation;
7.4.10. Pre- and post-treatment instruction
				to the patient; and
7.4.11.
				Contraindications and precautions.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-8 - Supervising Acupuncturist's Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
Supervising acupuncturists have the following duties and
				  responsibilities:
8.1. A supervisor
				shall at all times be responsible for and provide supervision of the work
				performed by the trainee as required in this rule;
8.2. The supervisor shall only assign those
				patient treatments which can be safely and effectively performed by the
				trainee. The supervisor shall provide continuous direction and immediate
				supervision of the trainee when patient services are provided and shall be in
				close proximity during needle insertion and extraction;
8.3. The supervisor shall insure that patient
				informed consent is obtained when necessary;
8.4. The supervisor shall insure that the
				objectives of the submitted training plan are provided and met by the
				trainee;
8.5. The supervisor shall
				insure that the trainee complies with the standards of practice;
8.6. The supervisor shall file quarterly with
				the Board a progress report on a form provided by the Board which sets forth
				the schedules for theoretic and didactic training and for clinical training of
				the trainee;
8.7. The supervisor
				shall insure that when rendering services or otherwise engaging in professional
				activity the tutorial trainee always identifies himself or herself as an
				Aacupuncture trainee@; and wears an identification badge stating his or her
				trainee status;
8.8. The supervisor
				shall not permit separate billing by the tutorial trainee;
8.9. The supervisor shall comply with the
				provisions of W. Va. Code '30-36-1
				et seq., applicable laws and rules governing wages and compensation paid to
				employees or apprentices, maximum hours and working conditions. Any overtime
				worked by the trainee shall not interfere with or impair the training program
				and shall not be detrimental to the health and safety of the trainee or
				patients.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-9 - Trainee's Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The tutorial trainee shall not provide
				acupuncture services without the required supervision or autonomously, and
				shall not provide any services for which he or she is not trained or competent
				to perform;
9.2. The tutorial
				trainee shall satisfactorily meet the objectives of the training plan submitted
				to the Board including the necessary theoretical training;
9.3. The tutorial trainee shall comply with
				the Board's rule Standards of Practice of Acupuncture by Licensed
				Acupuncturist, 32CRS6;
9.4. The
				tutorial trainee shall always identify himself or herself as an acupuncture
				trainee when rendering services or otherwise engaging in professional activity
				and shall wear an identification badge on an outer garment and in plain view
				which states the trainee's name and the title AAcupuncture Trainee@;
9.5. The tutorial trainee shall report to the
				Board any delay, interruption or termination of the acupuncture tutorial not
				reported by the supervisor.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-10 - Termination or Modification of Tutorial

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The supervisor shall notify the Board
				in writing within ten (10) days of the termination of any acupuncture tutorial
				for any reason. At the time of the notification the Board shall cancel
				registration of both the supervisor and trainee shall be canceled. If the
				supervisor or trainee subsequently participate in an acupuncture tutorial, each
				shall file a new application for registration with the Board.
10.2. If the training plan of the acupuncture
				tutorial is substantially modified then the Board shall file a report of the
				modifications with the Board. There is no charge for filing the
				report.
10.3. If the supervisor is
				unable to complete the training, the Board at its discretion, may establish a
				plan to allow the tutorial trainee to complete the course of training. The
				Board may assign a new supervising acupuncturist.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-11 - Application for Examination of Credentials and Oral Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
At the completion of the tutorial the trainee may file an
				  application for licensure.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-12 - Denial. Suspension or Revocation of Registration as a Supervisor

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may deny, issue subject to terms and conditions,
				  suspend, revoke or place on probation a registration to supervise a trainee in
				  an acupuncture tutorial for the following causes:
(a) Failure to comply with the provisions of
				the W. Va. Code '30-36-1
				et seq. or this Rule;
(b) Violation
				of the standards of practice, 32CRS5;
(c) The supervisor is the subject of a
				successful disciplinary action or has had charges in a disciplinary action
				filed against him or her;
(d) The
				registration was obtained by fraud or misrepresentation or false or misleading
				information was presented to the Board with respect to an acupuncture
				tutorial;
(e) Failure of the
				supervisor or the trainee to comply with patient informed consent; or
(f) The trainee has rendered acupuncture
				services in violation of this Rule within the setting of the acupuncture
				tutorial regardless of whether the supervising acupuncturist has knowledge of
				the acts performed.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-13 - Denial, Suspension or Revocation of Registration as a Trainee

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may deny, issue subject to terms and conditions,
				  suspend, revoke or place on probation a registration as a trainee in an
				  acupuncture tutorial for the following causes:
(a) Failure to comply with this Rule for
				approval and registration as a trainee;
(b) Violation of the W. Va. Code
				'30-36-1
				et seq. or the Board's Rules 32CRS1 et seq.;
(c) The registration was obtained by fraud or
				misrepresentation or false or misleading information was presented to the Board
				with respect to the acupuncture tutorial;
(d) Failure to comply with patient informed
				consent;
(e) The rendering of
				acupuncture services outside the approved acupuncture tutorial;
(f) Failure to identify oneself as an
				acupuncture trainee or failure to wear an appropriate identification badge when
				rendering acupuncture services; or
(g) Rendering acupuncture services under a
				supervising acupuncturist who is not approved as a supervisor by the Board or
				whose registration as a supervisor has been suspended.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-12 - Tutorial Education Requirements › Section 32-12-14 - Proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
Any proceedings to suspend or revoke the registration of a
				  supervising acupuncturist or trainee or to deny such registration on grounds of
				  unprofessional conduct shall be conducted pursuant to the Board's Rule,
				  Disciplinary and Complaint Procedures for Acupuncturists, 32 CRS 7 on Hearings
				  and Due Process.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-13 - Formation And Approval Of Professional Limited Liability Companies › Section 32-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the procedures for the formation and approval of
				professional limited liability companies for acupuncturists.
1.2. Authority. -- W. Va. Code '31B-13-1304.
1.3. Filing Date. -- May 21, 1999.
1.4. Effective Date. -- May 21,
				1999.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-13 - Formation And Approval Of Professional Limited Liability Companies › Section 32-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Board. -- The
				West Virginia Board of Acupuncture, established in W. Va. Code '30-36-1
				et seq.
2.2. Professional limited
				liability company. -- A limited liability company organized under the W. Va.
				Code '31B-13-1 et seq. for the purpose of rendering a professional
				service.
2.3. Professional
				services. -- The services rendered under W. Va. Code '30-36-1
				et seq., by acupuncturists.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-13 - Formation And Approval Of Professional Limited Liability Companies › Section 32-13-3 - Procedures for Formation and Approval of Professional Limited Liability Companies for Acupuncturists. Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Acupuncturists licensed to practice
				acupuncture in an active status in this State who desire to render acupuncture
				and oriental medical services as a limited liability company shall comply with
				the provisions of W. Va. Code '31B-13-1301 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 Aprofessional
				limited liability company@ or the abbreviation AP.L.L.C.@ or AProfessional 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 names of its two
				or more 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 $100.00 and 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
				judgements against the company members or any of its professional or
				nonprofessional services to patients or clients of the company, by:
3.3.a.1. Deposit in trust or in bank escrow
				of cash, a bank certificate of deposit or United States treasury obligations;
				or
3.3.a.2. A bank letter of credit
				or insurance company bond.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-13 - Formation And Approval Of Professional Limited Liability Companies › Section 32-13-4 - 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. 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 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-13 - Formation And Approval Of Professional Limited Liability Companies › Section 32-13-5 - Practitioner-Patient Relationship

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
				practitioner-patient relationship.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-14 - Auricular Detoxification Therapy Certificate › Section 32-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the application, certificate, qualification and terms for
				auricular acupuncture certificate holders pursuant to W. Va. Code §
									30-36-10.
1.2. Authority. -- W. Va. Code §
									30-36-7(d)
				and §
									30-36-10.
1.3. Filing Date. -- April 20,
				2020.
1.4. Effective Date. - April
				30, 2020.
1.5 Sunset Provision -
				This rule shall terminate and have no further force or effect upon the
				expiration of April 30, 2030.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-14 - Auricular Detoxification Therapy Certificate › Section 32-14-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This legislative rule applies to application, issuance of a
				  certificate, renewal, qualifications and terms for auricular acudetox
				  certificate holders.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-14 - Auricular Detoxification Therapy Certificate › Section 32-14-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Auricular
				acudetox therapy - means therapy as approved by the board or as stipulated by
				the National Acupuncture Detoxification Association (NADA), for the treatment
				of substance abuse, alcoholism, chemical dependency, detoxification, behavioral
				therapy, or trauma recovery. Those persons certified as having successfully
				completed a course of study necessary to perform auricular detoxification
				therapy.
3.2. Certificate holder -
				means those persons issued an authorization by the board to persons trained in
				auricular acudetox who meet the qualifications to be certified as an auricular
				detoxification therapist or specialist (ADS).
3.3. National Acupuncture Detoxification
				Association (NADA protocol) -- means the National Acupuncture Detoxification
				Association protocol for auricular detoxification therapy.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-14 - Auricular Detoxification Therapy Certificate › Section 32-14-4 - Application, Terms and Renewal for Certificate Holders

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A person seeking a certificate as an
				Auricular acudetox therapist or Auricular acudetox specialist shall apply to
				the board on a form prescribed by the board and pay the applicable board fee as
				established by the board by rule pursuant to Title 32, Series 4, Code of State
				Rules, Fees of the Board of Acupuncture.
4.2. The certificate of authorization to
				perform auricular acudetox therapy shall be valid for two years from month
				ending of the date of issuance by the board and such initial approval shall be
				communicated in writing to the applicable professional board listed in
				subsection 5.1.2. of this rule.
4.3. A certificate to perform auricular
				acudetox therapy shall be renewed by applying to the board for renewal on a
				form prescribed by the board, as required and accompanied with the payment of
				the applicable fee.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-14 - Auricular Detoxification Therapy Certificate › Section 32-14-5 - Requirements for a Certificate

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				To qualify for a certificate as an auricular detoxification specialist, an
				applicant shall:
5.1.1. Be at least 18 years
				old;
5.1.2. Be authorized in this
				state to engage in any of the following:
5.1.2.a. Physician assistant, pursuant to
				§
											30-3E-1
et seq
. of this code;
5.1.2.b. Dentist, pursuant to §
											30-4-1
et seq.
of this code;
5.1.2.c. Registered professional nurse,
				pursuant to §
											30-7-1
et seq
. of this code;
5.1.2.d. Practical nurse, pursuant to §
											30-7A-1
et seq.
of this code;
5.1.2.e. Psychologist, pursuant to §
											30-21-1
et seq.
of this code;
5.1.2.f. Occupational therapist, pursuant to
				§
											30-28-1
et seq.
of this code;
5.1.2.g. Social worker, pursuant to §
											30-30-1
et seq.
of this code;
5.1.2.h. Professional counselor, pursuant to
				§
											30-31-1
et seq
. of this code;
5.1.2.i. Emergency medical services provider,
				pursuant to §
											16-4C-1
et seq
. of this code; or
5.1.2.j. Corrections medical provider,
				pursuant to §
											15A-1-1
et seq
. of this code.
5.1.3. Provide evidence of successful
				completion of a board-approved auricular acudetox program;
5.1.4. Submit a completed application as
				prescribed by the board; and
5.1.5.
				Submit the appropriate fees as provided for by legislative rule.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-14 - Auricular Detoxification Therapy Certificate › Section 32-14-7 - Disciplinary and Complaint Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 This rule establishes the same complaint
				process and procedures for an auricular acudetox certificate holder as
				referenced in Title 32 Legislative Rule Series 7 Disciplinary and Complaint
				Procedures for Acupuncturists. Once a final agency order or decision has been
				entered, the Board shall communicate this decision or order to the professional
				board listed in subsection 5.1.2. of this rule.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-14 - Auricular Detoxification Therapy Certificate › Section 32-14-8 - Contested Case Hearing Case Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 This rule establishes the same contested
				case hearing procedures for an auricular acudetox certificate holder as
				referenced in Title 32 Procedural Rule Series 8 Contested Hearing Case
				Procedure.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-15 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 32-15-1 - 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 §
									30-36-7.
1.3. Filing Date. -- April 20,
				2020.
1.4. Effective Date. -- April
				30, 2020.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon the
				expiration of April 30, 2030.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-15 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 32-15-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Board means
				the West Virginia Board of Acupuncture.
2.2. BoAcu-LIW means the Board of Acupuncture
				waiver form to request a waiver of the initiallicensing fee for low income
				individuals asauthorized by W. Va. Code subsection §
									30-1-23.
2.3. BoAcu-MFW means the Board of Acupuncture
				waiver form to request a waiver of the initial licensing fee for military
				service membersand their spouses as described in W. Va. Code subsection§
									30-1-23.
2.4. "Initial" means obtaining a license in
				West Virginia for the practice of acupuncturefor the first time.
2.5. "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.
2.6. "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, Medicaid, or the Supplemental Nutrition
				Assistance Program.
2.7. "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 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-15 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 32-15-3 - Application 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§
									30-36-3
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 a member of one or more "military families" as
				defined in this rule.
3.2.
				Low-income individuals, as defined in this rule, may seek a low income waiver
				(LIW) of the initial licensure fee for licensure as a professional
				acupuncturist 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
				application 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 military family waiver (MFW) of
				the initial licensure fee for licensure as a professional acupuncturist 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 application and issue a
				decision within 30 days of receipt of the complete application.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-15 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 32-15-4 - Required Documentation for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Individuals
				requesting a waiver of initial licensing fees for low income or military
				service personnel and their spouses, an applicant shall submit to the Board
				with the application for initial licensure waiver BoAcu-LIW or BoAcu-MFW form
				and the appropriate documentation as specified in this section.
4.2. To establish low income eligibility for
				an initial licensing fee waiver, an applicant shall submit to the Board
				evidence that the adjusted gross income of the household of the applicant is
				below 130% of the federal poverty level by submitting documentation of
				eligibility for:
4.2.1. Temporary Assistance
				for Needy Families Program;
4.2.2.
				Medicaid;
4.2.3. Supplemental
				Nutrition Assistance Program; or
4.2.4. A Federal Tax Return.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-16 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 32-16-1 - 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 §
									30-36-7.
1.3. Filing Date. -- April 20,
				2020.
1.4. Effective Date. -- April
				30, 2020.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon the
				expiration of April 30, 2030.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-16 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 32-16-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the Board of Acupuncture established pursuant to W. Va. Code §
									30-36-3.
2.2. "Initial license" means obtaining a
				license in West Virginia for the practice of acupuncture for the first
				time.
2.3. "License" or "licensure"
				means the official authorization by the board to engage in the practice of
				acupuncture.
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 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-16 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 32-16-3 - Rational nexus to the practice of acupuncture

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 acupuncture. In determining whether a criminal
				conviction bears a rational nexus to thepractice of acupuncture, the board
				shall consider at a minimum:
3.1.1. The
				nature and seriousness of the crime for which the individual was
				convicted;
3.1.2. The passage of
				time since the commission of the crime;
3.1.3. The relationship of the crime to the
				ability, capacity, and fitness required to perform the duties and discharge the
				responsibilities of a licensed acupuncturist; and
3.1.4. Any evidence of rehabilitation or
				treatment undertaken by the individual.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-16 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 32-16-4 - Application after denial

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Notwithstanding any other provision of theWest Virginia 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:
4.1.1. A period of five years has elapsed
				from the date of conviction or the date of release from incarceration,
				whichever is later;
4.1.2. The
				individual has not been convicted of any other crime during the period of time
				following the disqualifying offense; and
4.1.3. 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 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-16 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 32-16-5 - 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 convictionand the
				specific nature of the conviction.
5.3. The applicant may submit with 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 acupuncture.
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 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-01 - Solid Waste Management Rule › Section 33-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes requirements for the siting (including location
				standards), financial assurance, installation, establishment, construction,
				design, groundwater monitoring, modification, operation, permitting, closure
				and post-closure care of any solid waste facility that processes, recycles,
				composts, transfers or disposes of solid waste pursuant to W. Va. Code §
									22-15-1
				et seq. This rule applies to any person who owns or operates a solid waste
				facility or who is responsible for the processing, composting, commercial
				recycling, transfer or disposal of solid waste, except for those recycling
				facilities exempted from permitting requirements as authorized by W. Va. Code
				§
									20-11-12.
1.1.a. Applicability.
1.1.a.1. Permittees or applicants of solid
				waste landfills (SWLFs), or portions thereof, that stopped receiving waste
				before June 2, 1996 must close their SWLF in accordance with the terms and
				conditions of their solid waste permit, order, and/or the laws, rules and
				regulations in place on May 1, 1990 unless permit requirements are otherwise
				required by the Secretary.
1.1.a.2.
				Permittees of existing SWLFs, or portions thereof, that initiate, or continue
				receiving waste after June 2, 1996 must comply with the terms and conditions of
				their existing or renewed solid waste permit, order, and additionally all
				effective laws, rules and regulations in place, unless said permit is modified
				by the Secretary to include the requirements of this rule, or unless permit
				requirements are otherwise modified by the Secretary.
1.1.a.3. Applicants for new SWLFs and lateral
				expansions of existing SWLFs that are issued permits after the effective date
				of this rule must comply with the terms and conditions of that new solid waste
				permit and/or the laws and rules or order in place on the effective date of
				this rule, unless otherwise required by the Secretary.
1.1.a.4. The applicability requirements of
				this paragraph apply only to existing solid waste landfill solid waste
				facilities. All other facilities must continue to comply with their existing
				permit and this rule, W. Va. Code §§
											22-15-1
				et seq.,
				22-12-1 et
				seq. and 22-11-1 et seq. as applicable, until such time as the permit is
				subject to renewal, modification or other similar permitting function.
				Applicants of facilities that are not landfills must apply for permits as
				required by, and in compliance with, this rule.
1.1.a.5. As applicable, all solid waste
				facilities must comply with the Groundwater Protection Act, W. Va. Code §
											22-12-1 et
				seq., and the rules promulgated thereunder.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-01 - Solid Waste Management Rule › Section 33-1-4 - Landfill Performance Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Enforcement of Landfill Performance
				Standards. -- Enforcement of the performance standards in section 4 of this
				rule must be conducted in accordance with the provisions of W. Va. Code §
									22-15-1,
				et seq.
4.2. Solid Waste Assessment
				Fees. -- Permittees are required under the provisions of W. Va. Code §
									22-15-11
				and 110CSR6A to pay solid waste assessment fees.
4.3. Landfill Manager Training and
				Certification.
4.3.a. Qualifications. --
				Operation of every commercial solid waste disposal facility "landfill" must be
				conducted under the direction of an individual who has authority and knowledge
				to make and implement decisions regarding operating conditions at the facility
				(called in this subdivision an "individual in responsible charge") and who has
				attended and successfully completed a course of instruction in solid waste
				management procedures and practices. Such course of instruction must be
				approved in writing by the Secretary.
4.3.b. Applicability. -- Individuals in
				responsible charge of existing or new landfills and new individuals in
				responsible charge of existing landfills must be certified landfill managers by
				attending and successfully completing a course of instruction.
4.3.c. Instruction Course Criteria. -- An
				approved course of instruction must include at a minimum, the role of sanitary
				landfills in integrated solid waste management, basics of site selection,
				complying with design requirements, waste acceptance and screening, leachate
				management, landfill gas management, landfill operational techniques,
				environmental/operational and permit compliance inspections, field exercise and
				homework assignment, landfill economics, closure and post-closure care,
				state/federal regulations, permitting requirements and a written examination
				sanctioned by an internationally recognized certification organization or an
				accredited college or university program.
4.3.d. Certificate Requirement. -- Successful
				completion of an approved course of instruction by an individual in responsible
				charge must include passing the written examination and the award of a
				certificate as a certified manager; and
4.3.d.1. The individual must demonstrate that
				he or she has remained current in the field of solid waste management by
				attending at least thirty (30) contact hours of continuing education every
				three (3) years and providing proof thereof upon request.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-01 - Solid Waste Management Rule › Section 33-1-5 - Other Solid Waste Facility Performance Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Requirements for Incinerators.
5.1.a. General Requirements.
5.1.a.1. The incinerator must be located,
				designed, and operated in accordance with subsection 5.1 of this
				rule.
5.1.a.2. Waste
				characterization must be performed in accordance with subsection 5.1 of this
				rule.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-01 - Solid Waste Management Rule › Section 33-1-6 - Closure and Post-Closure Care

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Permanent Closure Criteria.
6.1.a. Applicability. -- Any person who
				maintains or operates a solid waste facility must, when the fill area or
				portion thereof reaches final grade or when the Secretary determines that
				closure is required, cease to accept waste and perform closure activities at
				the facility or portion thereof in accordance with the plan approval issued by
				the Secretary and the provisions of subsection 6.1 of this rule, unless
				otherwise approved by the Secretary in writing.
6.1.a.1. Upon request of the permittee, or
				upon the Secretary's own initiative, the Secretary may waive or modify any of
				the closure requirements of section 6 of this rule or allow alternative permit
				conditions or practices as appropriate for a specific coal combustion
				by-product facility or industrial solid waste facility, based upon the type of
				wastes disposed, type of facility, site characteristics, and sound engineering
				judgment.