reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-06 - Continuing Education for Physicians and Podiatric Physicians › Section 11-6-7 - Board Approval of Risk Assessment and Responsible Prescribing of Controlled Substances Courses

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The requirements to complete a minimum of three hours of training on Risk
				Assessment and Responsible Prescribing of Controlled Substances set forth in
				section three of this rule requires successful completion of a Board-approved
				course.
7.2. The Board shall
				maintain and publish on its website a current list of all educational
				activities which have been approved by the Board to satisfy the Risk Assessment
				and Responsible Prescribing of Controlled Substances continuing education
				requirement.
7.3. To obtain Board
				approval that an educational activity satisfies the Risk Assessment and
				Responsible Prescribing of Controlled Substances requirement, a provider or
				sponsor shall submit a written request to the Board at least 30 days in advance
				of the educational activity:
7.3.1.
				Identifying the provider, sponsor, all presenters and the full name of the
				educational activity for which Board approval is sought;
7.3.2. Identifying all dates and locations
				that the educational activity will be offered;
7.3.3. Confirming that the educational
				activity includes all required training components which are set forth in
				subsection 2.12;
7.3.4. Verifying
				that the training provider will maintain a record of attendance of each
				individual who successfully completes the educational activity; and
7.3.5. Providing sufficient documentation of
				the course content and objectives to permit the Board to evaluate whether
				approval should be granted.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-07 - Formation And Approval Of Professional Limited Liability Companies › Section 11-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule addresses procedures for the formation and approval of
				professional limited liability companies for physicians, podiatrists, and
				others legally authorized to render the same or compatible professional
				services under W. Va. Code §
									31B-13-1301 et
				seq.
1.2. Authority. -- W. Va. Code
				§
									31B-13-1304.
1.3. Filing Date. -- April 9, 2012.
1.4. Effective Date. -- May 1,
				2012.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-07 - Formation And Approval Of Professional Limited Liability Companies › Section 11-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the West Virginia Board of Medicine, as provided for in W. Va. Code §
									30-3-1 et
				seq.
2.2. "Professional limited
				liability company" means a limited liability company organized under the
				provisions of W. Va. Code 31B, for the purpose of rendering a professional
				service.
2.3. "Same or compatible
				professional services" means services rendered by physicians, osteopathic
				physicians, and podiatrists.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-07 - Formation And Approval Of Professional Limited Liability Companies › Section 11-7-4 - 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 of its noncompliance and shall order the
				professional limited liability company to stop rendering professional services.
				Upon receipt of the written notice, the professional limited liability company
				shall cease rendering professional services.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-07 - Formation And Approval Of Professional Limited Liability Companies › Section 11-7-5 - Physician-Patient and Podiatrist-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 physician-patient or podiatrist-patient
				relationship.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-08 - Collaborative Pharmacy Practice › Section 11-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule is jointly agreed
				upon and proposed by the Boards of Pharmacy, Medicine, and Osteopathic Medicine
				for legislative approval pertaining to a pharmacist's scope of practice
				pursuant to collaborative pharmacy practice and collaborative pharmacy practice
				agreements, content of collaborative pharmacy agreements, responsibilities of a
				pharmacist and physician with respect to collaborative pharmacy agreements, the
				content, process and fee for filing collaborative pharmacy practice
				notifications, and the termination of collaborative pharmacy practice
				agreements by the parties or the boards.
1.2. Authority. -- W. Va. Code
				§
									30-5-7(c)
.
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 11-08 - Collaborative Pharmacy Practice › Section 11-8-3 - Requirements for Collaborative Pharmacy Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Pharmacists and physicians may engage in collaborative pharmacy practice in
				accordance with the provisions of this rule.
3.2. Collaborative pharmacy practice may only
				occur:
3.2.1. Pursuant to a collaborative
				pharmacy practice agreement developed in accord with this rule; and
3.2.2. Once a complete and valid practice
				notification is filed with the boards.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-08 - Collaborative Pharmacy Practice › Section 11-8-4 - Collaborative Pharmacy Practice Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Collaborative pharmacy practice agreements are voluntarily implemented by
				practitioners who seek to serve patients with active pharmacist participation
				in drug therapy management and other related protocols.
4.2. Collaborative pharmacy practice is a
				collaborative, physician-directed approach which may be utilized after informed
				consent is received from the patient and recorded in the patient medical
				record.
4.3. A collaborative
				pharmacy practice agreement shall establish the pharmacist's scope of practice
				for purposes of the agreement.
4.4.
				A pharmacist may not diagnose patients.
4.5. Collaborative pharmacy practice
				agreements shall be in writing. All pharmacists and physicians who are parties
				to the agreement shall sign the agreement, and copies of the agreement shall be
				made available to all individuals collaborating thereunder.
4.6. Collaborating pharmacists shall maintain
				a copy of the collaborative practice agreement at their place of
				practice.
4.7. Collaborative
				practice agreements shall incorporate protocols containing detailed direction
				concerning the services that collaborating pharmacists may perform for patients
				and the role of collaborating physicians. The protocols shall, at a minimum,
				include:
4.7.1. The specific drug or drugs to
				be managed by the collaborating pharmacist, and the terms and conditions under
				which drug therapy may be implemented, modified, or discontinued, including:
4.7.1.a. The protocols may authorize
				implementation or modification of drug dosages based on symptoms or laboratory
				or patient evaluations defined in the protocol;
4.7.1.b. The protocol shall include
				information specific to the drugs authorized by the collaborating
				physician;
4.7.1.c. In instances
				where drug therapy is discontinued, the pharmacist shall notify the treating
				physician of the discontinuance within seventy-two hours unless the protocol
				incorporates a shorter time period for notice;
4.7.1.d. Specific protocols for patients
				identified by the collaborating physician as having complex medical conditions
				or comorbidities, one or more of which are under treatment by another medical
				provider or specialist;
4.7.1.e.
				The protocol may not authorize the pharmacist to change a controlled substance
				or to initiate a drug not included in the established protocol.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-08 - Collaborative Pharmacy Practice › Section 11-8-5 - Termination of Collaborative Pharmacy Practice Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A collaborative pharmacy practice
				agreement automatically terminates if either the collaborating pharmacist(s) or
				collaborating physician(s) are no longer eligible to collaborate. If multiple
				practitioners are parties to the agreement, it shall not automatically
				terminate as long as there is at least one collaborating pharmacist and
				physician remaining.
5.2. A
				collaborative pharmacy practice agreement may be terminated at any time by any
				of the parties to the agreement.
5.3. A collaborating pharmacist shall notify
				the Board of Pharmacy in writing within ten days of the termination of an
				active collaborative pharmacy practice agreement.
5.4. The Board of Pharmacy shall notify the
				collaborating physician's licensing board within five days of receiving notice
				of termination of a collaborative pharmacy practice agreement.
5.5. A patient may, at any time, revoke
				consent for collaborative pharmacy practice. Immediately upon withdrawal of
				patient consent, collaborative pharmacy practice with respect to the
				non-consenting patient shall cease. Collaboration may continue pursuant to the
				collaborative pharmacy practice agreement with respect to other
				patients.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-08 - Collaborative Pharmacy Practice › Section 11-8-6 - Ethics

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. There shall be no advertising of any
				collaborative pharmacy practice by either the physician or the
				pharmacist.
6.2. No physician may
				be employed by any pharmacist or pharmacy for the purpose of collaborative
				pharmacy practice.
6.3. No
				pharmacist or pharmacy shall make any direct or indirect referral to any
				physician or medical clinic for the purpose of collaborative pharmacy
				practice.
6.4. Nothing in this rule
				shall be interpreted to permit a pharmacist to accept delegation of a
				physician's authority outside the limits included in the appropriate board's
				statute and rules.
6.5. Pharmacists
				and physicians who collaborate shall not allow an employment arrangement to:
6.5.1. Interfere with sound clinical
				judgment;
6.5.2. Diminish or
				influence the practitioners' ethical obligation to patients; or
6.5.3. Exert undue influence on, or interfere
				with the robustness of, the collaborative relationship.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-08 - Collaborative Pharmacy Practice › Section 11-8-7 - Reporting and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any or all
				of the appropriate licensing boards shall have the right to cancel any
				collaborative pharmacy practice agreement if there is satisfactory evidence
				that either the physician or pharmacist signatories to the agreement are not
				acting in accordance with the agreement.
7.2. Each appropriate board with jurisdiction
				of either of the signatories to the agreement shall report to the other
				appropriate board any acts which it believes are in violation of any
				agreement.
7.3. Any physician or
				pharmacist signatory to a collaborative pharmacy agreement shall be subject to
				additional monitoring and education or to disciplinary proceedings by the
				appropriate boards if the subject physician or pharmacist violates the terms of
				the collaborative pharmacy practice agreement. The licensure denial, complaint
				and disciplinary process and procedures and appeal rights set forth in each
				boards' practice act and rules shall apply to their respective licensees in
				connection with allegations of professional misconduct in connection with
				pharmacist-physician collaboration.
7.4. In their discretion, the boards may
				refer and receive information from one another concerning:
7.4.1. Mutual registrants and/or respective
				licensees;
7.4.2. Information
				developed during the complaint and investigation process of one board which
				implicates or otherwise relates to applicants, registrants and/or licensees of
				another board;
7.4.3. Any
				complaints received or discovered by one board which relate to mutual
				applicants, registrants and/or licensees or applicants, registrants and/or
				licensees of the other board.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- W.
				Va. Code §
									30-3-7a
				requires the Board of Medicine to regulate the practice of Radiologist
				Assistants, and with the advice of the West Virginia Medical Imaging and
				Radiation Therapy Technology Board of Examiners the Board of Medicine is to
				propose rules to establish the scope of practice of a Radiologist Assistant,
				develop the education and training requirements for a Radiologist Assistant and
				regulate Radiologist Assistants.
1.2. Authority. -- W. Va. Code §
									30-3-7a.
1.3. Filing date. -- April 4, 2008.
1.4. Effective date. -- July 1,
				2008.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For purposes
				of this rule, the following definitions apply:
a. "ARRT" means the American Registry of
				Radiologic Technologists.
b.
				"Certification" means the approval of individuals by the Board of Medicine to
				serve as Radiologist Assistants.
c.
				"Direct Supervision" means the radiologist must be present in the office suite
				and immediately available to furnish assistance and directions to the
				radiologist assistant throughout the performance of the procedure.
d. "Personal Supervision" means a physician
				must be in attendance in the room throughout the performance of the
				procedure.
e. "Radiologist" means a
				physician licensed by the West Virginia Board of Medicine (M.D.) specializing
				in radiology who is Board certified in radiology by a member board of the
				American Board of Medical Specialties.
f. "Radiologist Assistant" means a person,
				other than a licensed practitioner, who is qualified by education and
				certification, as an advanced-level radiologic technologist who works under the
				supervision of a radiologist to enhance patient care by assisting the
				radiologist in the medical-imaging environment.
g. "Supervision" means the opportunity and
				ability of the radiologist to exercise control and direction over the services
				of radiologist assistants. Constant physical presence of the supervising
				radiologist of a radiologist assistant certified by the Board of Medicine is
				not required so long as the supervising radiologist and the radiologist
				assistant are or may easily be in contact in person by radio, telephone,
				e-mail, teleradiology or other telecommunications methods. Supervision requires
				continuous availability of the supervising radiologist. To be eligible as a
				supervising radiologist, the radiologist must hold a full and unrestricted
				medical license in West Virginia.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-3 - Supervision of Radiologist Assistants by Licensed Radiologist

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A radiologist fully licensed under W.
				Va. Code §
									30-3-1 et
				seq. may submit a job description to the Board of Medicine to supervise a
				radiologist assistant. Upon approval of the submitted job description, the
				radiologist will be deemed a supervising radiologist.
3.2. The delegation of certain acts to a
				radiologist assistant shall be stated on the job description in a manner
				consistent with sound radiological practice and with the protection of the
				health and safety of the patient in mind.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-4 - Submission of Application; Job Description

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An application completed by the
				applicant radiologist assistant and a job description signed by the supervising
				radiologist listing in numerical order the duties which are requested to be
				performed by the radiologist assistant must be in the office of the Board of
				Medicine, 101 Dee Drive, Suite 103, Charleston, West Virginia 25311, thirty
				(30) days prior to a Board of Medicine meeting. Meetings are held bimonthly or
				as needed beginning in January. The filing of an application and job
				description does not entitle a radiologist assistant to certification. The
				Board of Medicine is the only legal authority for certification.
4.2. An application for certification and the
				proposed job description shall be accompanied by the following:
a. Documentation that the applicant is
				currently certified by the American Registry of Radiologic Technologists as a
				radiologic technologist (RT), and
b. Documentation that the applicant is currently
				certified by the American Registry of Radiologic Technologists as a radiologist
				assistant, and
c. Documentation
				that the applicant has unencumbered licensure, certification, or registration
				status in all other jurisdictions where the applicant holds or held licensure,
				certification or registration.
d.
				The applicable fee of $100.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-5 - Biennial Report of Radiologist Assistants Performing, Renewal, Annual Report of the Board of Medicine

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Radiologist
				assistants and their supervising radiologists must submit to the Board of
				Medicine biennial reports, signed either individually or combined, on the
				professional conduct, capabilities and performance of the radiologist
				assistant. The report shall be submitted in conjunction with each completed
				renewal application and shall be submitted to the Board of Medicine office by
				April 1.
5.2. The Board of Medicine
				shall compile and publish in an annual report a list of currently certified
				radiologist assistants, their supervisors, and their location in the
				state.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-6 - Supervision and Control of Radiologist Assistant

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The radiologist assistant, whether
				employed by a health care facility or the supervising radiologist, shall
				perform only under the supervision and control of the supervising radiologist.
				The radiologist assistant may function in any setting within which the
				supervising radiologist routinely practices, but in no instance may a separate
				place of work for the radiologist assistant be established. The supervising
				radiologist shall be a physician permanently licensed in this state by the
				Board of Medicine, specializing in radiology and Board certified in
				radiology.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-7 - Limitations on Supervision

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A
				supervising radiologist may not supervise more than two (2) radiologist
				assistants at any one time.
7.2. In
				the absence of the supervising radiologist, another radiologist may serve as
				the supervising radiologist, however, the legal responsibility remains at all
				times with the absent supervising radiologist.
7.3. It is appropriate for a radiologist
				assistant to provide radiologic services to another supervising radiologist's
				patients at his or her direction in settings such as a health care facility,
				partnerships, group practices and other mutually agreed on patient coverage
				arrangements where a radiologist assistant is providing radiologic services to
				another supervising radiologist's patients at his or her direction in such
				settings. That supervising radiologist is also legally responsible with the
				Board of Medicine's approved supervising radiologist for the radiologist
				assistant.
7.4. A radiologist
				assistant may not be supervised by and work for more than three (3) supervising
				radiologists at one time. Radiologist assistants who are supervised by more
				than one (1) supervising radiologist shall be those whose scope of professional
				duties require multiple radiologist supervisors.
7.5. A supervising radiologist may not permit
				a radiologist assistant to independently practice radiology. The supervising
				radiologist shall supervise the radiologist assistant at all times.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-8 - Limitations on Scope of Duties of Radiologist Assistant

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The radiologist assistant may not
				interpret images, preliminary or final or otherwise make diagnoses, or
				prescribe medications or therapies.
8.2. A radiologist assistant may not perform
				any physical examination.
8.3. The
				radiologist assistant may not perform the following procedures, including
				contrast media administration and needle or catheter placement for such
				procedures:
a. Lumbar puncture under
				fluoroscopic guidance.
b. Lumbar
				myelogram.
c. Thoracic or cervical
				myelogram.
d. Conventional
				arthrogram.
e. Non-tunneled venous
				central line placement.
f.
				Paracentesis with appropriate image guidance.
g. Thoracentesis with appropriate image
				guidance.
h. Venous catheter
				placement for dialysis.
i. Breast
				needle localization.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-9 - Identification of Radiologist Assistant

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. When functioning as a radiologist
				assistant, the radiologist assistant must wear a nametag which identifies the
				radiologist assistant as a certified radiologist assistant or the letters
				"RA-C" after his or her name.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-10 - Responsibilities of the Supervising Radiologist

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The supervising radiologist is
				responsible for observing, directing and evaluating the work, records and
				practices performed by the radiologist assistant.
10.2. The supervising radiologist shall
				notify the Board of Medicine in writing of any termination of the employment of
				his or her radiologist assistant within ten (10) days of the
				termination.
10.3. The legal
				responsibility for any radiologist assistant remains that of his or her
				supervising radiologist at all times. Also, in temporary situations not to
				exceed twenty-one (21) days, when a certified and fully qualified radiologist
				assistant is substituting for another certified radiologist assistant, the acts
				and omissions of the substituting radiologist assistant are the legal
				responsibility of the absent radiologist assistant's designated supervising
				radiologist.
10.4. The temporary
				change in supervisory responsibility shall be provided to the Board of Medicine
				in writing, or through electronic notification, within ten (10) days of the
				effective date of the substitution, signed by the affected supervising
				radiologists and radiologist assistants, and clearly specifying the dates of
				substitution.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-12 - Denial of Certification of Radiologist Assistant

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The burden of satisfying the Board of
				Medicine of his or her qualifications for certification is on the
				applicant.
12.2. Whenever the Board
				of Medicine determines that an applicant has failed to satisfy the Board of
				Medicine that he or she should be certified, the Board of Medicine shall
				immediately notify the applicant of its decision and indicate in what respect
				the applicant has failed to satisfy the Board of Medicine. The applicant shall
				be given a formal hearing before the Board of Medicine upon request of the
				applicant filed with or mailed by registered or certified mail to the Secretary
				of the Board, 101 Dee Drive, Suite 103, Charleston, West Virginia 25311. The
				request must be filed within thirty (30) days after receipt of the Board of
				Medicine's decision, stating the reasons for the request. The Board of Medicine
				shall within twenty (20) days of receipt of the request, notify the applicant
				of the time and place of a public hearing, which shall be held within a
				reasonable time. Following the hearing, the Board of Medicine shall determine
				on the basis of this rule whether the applicant is qualified to be certified.
				The decision of the Board of Medicine is final as to that
				application.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-13 - Complaint and Disciplinary Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The complaint and disciplinary process
				and procedures set forth in the contested case hearing procedure, W. Va. Code
				§
									29A-5-1
				et seq., and in the Board of Medicine Procedural Rule 11 CSR 3, also apply to
				the complaint process for radiologist assistants and to disciplinary actions
				instituted against radiologist assistants with the same provisions regarding
				the appeal of decisions made to circuit courts.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-15 - Continuing Education

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Beginning the first day of April, 2010, each radiologist assistant, as a
				condition of his or her biennial renewal of radiologist assistant
				certification, shall provide to the Board written documentation of
				participation in and successful completion during the preceding two (2) year
				period of a minimum of fifty (50) hours of continuing education. A copy of the
				certificate of registration from the ARRT for both of the applicable years will
				satisfy the Board of Medicine as written documentation.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-16 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The fee for
				an initial application is $100.
16.2. The fee for the biennial certification
				is $100.
16.3. The fee for any
				change of supervising radiologist is $25.
16.4. The fee for reinstatement of an expired
				certification is $25.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-10 - Practitioner Requirements for Accesing the West Virginia Controlled Substances Monitoring Program Database › Section 11-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule sets forth the requirements for licensees and registrants of the West
				Virginia Board of Medicine regarding accessing the West Virginia Controlled
				Substance Monitoring Program database.
1.2. Authority. -- W.Va. Code §
									60A-9-5a(c)
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 11-10 - Practitioner Requirements for Accesing the West Virginia Controlled Substances Monitoring Program Database › Section 11-10-3 - Practitioner Requirements for Obtaining and Maintaining Access to the CSMP

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Practitioners
				who prescribe or dispense Schedule II, III, IV, or V controlled substances
				shall register with the CSMP and obtain and maintain online or other electronic
				access to the program database. Compliance with the provisions of this section
				must be accomplished within 30 days of the practitioner obtaining a new license
				or registration or within 30 days of re-licensure or re-registration.
3.2. Licensees shall be required to certify
				compliance with the provisions of this section when renewing a license. The
				Board may conduct an audit to verify compliance therewith.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-10 - Practitioner Requirements for Accesing the West Virginia Controlled Substances Monitoring Program Database › Section 11-10-5 - Discipline and Administrative Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any practitioner who fails to comply
				with this rule is subject to Board disciplinary proceedings for failing to
				perform any statutory or legal obligation placed upon the practitioner and
				unprofessional, unethical, and dishonorable conduct, pursuant to W. Va. Code
				§
									30-3-14,
				W. Va. Code §
									30-3E-17,
				and/or the rules of the Board.
5.2.
				Any practitioner who fails to comply with the requirements described in W. Va.
				Code §
									60A-9-7(f)
				or (g) shall be subject to the respective
				administrative penalties set forth in those subsections. All fines collected
				pursuant to those subsections shall be transferred by the Board to the Fight
				Substance Abuse Fund created under W. Va. Code §
									60A-9-8.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-11 - Establishment and Regulation of Limited License to Practice Medicine and Surgery at Certain State Veterans Nursing Home Facilities › Section 11-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- W.
				Va. Code §
									30-3-11b
				provides for the issuance of a limited license by the Board to an applicant to
				practice medicine and surgery at a designated state veterans nursing home
				facility under certain specific conditions, and W. Va. Code §
									30-3-11b(d)
				requires that the Board promulgate emergency rules to implement the provisions
				of W. Va. Code §
									30-3-11b.
1.2. Authority. -- W. Va. Code §
									30-3-11b(d).
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 11-11 - Establishment and Regulation of Limited License to Practice Medicine and Surgery at Certain State Veterans Nursing Home Facilities › Section 11-11-2 - 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.a. "Designated state veterans nursing
				home facility" means a nursing home operated by the West Virginia Department of
				Veteran's Assistance.
2.1.b.
				"Limited license to practice medicine and surgery at a designated state
				veterans nursing home facility" means a license issued to a physician who meets
				the criteria established in W. Va. Code §
										30-3-11b(a)
				and which contains limitations on practice location, practice setting and type
				of patients.
2.1.c. "Limited
				licensee" means a person licensed pursuant to this rule.
2.1.d. "Website" or "Board's website" means
				the set of related web pages operated by or on behalf of the West Virginia
				Board of Medicine located at the domain name wvbom.wv.gov, or at any successor
				domain name published by the Board.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-11 - Establishment and Regulation of Limited License to Practice Medicine and Surgery at Certain State Veterans Nursing Home Facilities › Section 11-11-4 - License Renewals

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. With
				the exception of an initial license, a limited license to practice medicine and
				surgery at a designated state veterans nursing home facility is issued for a
				term of two years. An initial license is issued with an expiration date
				consistent with the applicant's renewal classification as set forth in
				subsection 4.2.
4.2. License
				renewal for all physicians issued a limited license pursuant to this rule shall
				occur on the following schedule:
4.2.a.
				Physicians whose last names begin with the letters "A" through "L" shall renew
				prior to July 1 of every even year; and
4.2.b. Physicians whose last names begin with
				the letters "M" through "Z" shall renew prior to July 1 of every odd
				year.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-11 - Establishment and Regulation of Limited License to Practice Medicine and Surgery at Certain State Veterans Nursing Home Facilities › Section 11-11-5 - Regulation of Limited License to Practice at a Designated State Veterans Nursing Home Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				physician granted a limited license pursuant to W. Va. Code §
									30-3-11b
				is subject to all the provisions and protections of the West Virginia Medical
				Practice Act, W. Va. Code §
									30-3-1
et seq
. and all rules of the Board governing the professional
				practice of medicine and surgery by allopathic physicians.
5.2. A limited licensee shall report, in
				writing, to the Board within fifteen days of the occurrence:
5.2.a. Any suspension, revocation, probation,
				restriction, term, condition or other discipline taken against the limited
				licensee in any other jurisdiction;
5.2.b. Any adverse employment action,
				restriction upon practice or limitation upon authorization to practice at the
				Federal Veterans Administration Hospital where the limited licensee is
				employed; and/or
5.2.c. Any
				separation from employment or transfer of employment from the Federal Veterans
				Administration Hospital where the limited licensee is employed.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-11 - Establishment and Regulation of Limited License to Practice Medicine and Surgery at Certain State Veterans Nursing Home Facilities › Section 11-11-6 - Conversion of Limited License to Standard License

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The board may permit a limited licensee
				to transfer the authorized practice location associated with his or her limited
				license if the licensee has transferred to a different Federal Veterans
				Administration Hospital located in this state, and a designated state veterans
				nursing home exists in the county where the limited licensee has
				transferred.
6.2. The board may
				convert the limited license to practice at a designated state veterans nursing
				home to a standard license upon submission of a complete application and the
				appropriate fee by a limited licensee who meets the requirements for a standard
				license.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-11 - Establishment and Regulation of Limited License to Practice Medicine and Surgery at Certain State Veterans Nursing Home Facilities › Section 11-11-7 - Termination of Limited License

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A
				limited license to practice medicine and surgery at a designated state veterans
				nursing home facility shall automatically terminate if:
7.1.a. The limited licensee is no longer
				employed at the Federal Veterans Administration Hospital which is located in
				the same county as the designated state veterans nursing home facility for
				which the limited license was issued;
7.1.b. The limited licensee is no longer
				practicing, or no longer authorized to practice, at the Federal Veterans
				Administration Hospital which is located in the same county as the designated
				state veterans nursing home facility for which the limited license was issued;
				or
7.1.c. The limited licensee no
				longer holds a valid, unrestricted license to practice medicine in another
				state within the United States.
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 11-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- W.
				Va. Code §
									30-3-7(1)(a)
				authorizes the Board of Medicine to promulgate rules which are necessary to
				perform the duties and responsibilities of the Board, and W. Va. Code §
									30-3-16(f)
				authorizes the Board to promulgate rules to implement this section of the West
				Virginia Medical Practice Act.
1.2.
				Authority. -- W. Va. Code §
									30-3-7(a)(1) and
				§30-3-16(f).
1.3. Filing Date.
				-- April 30, 2024.
1.4. Effective
				Date. -- May 1, 2024.
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 11-12 - PERMITTING AND DISCIPLINARY PROCEDURES: EDUCATIONAL PERMITS FOR GRADUATE MEDICAL INTERNS, RESIDENTS AND FELLOWS › Section 11-12-2 - 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. "ACGME" means the Accreditation
				Council for Graduate Medical Education.
2.1.2. "Board" means the West Virginia Board
				of Medicine, established in W. Va. Code §
										30-3-5.
2.1.3. "ECFMG" means the Educational
				Commission for Foreign Medical Graduates.
2.1.4. "Educational permit" means an
				authorization issued to a physician by the Board to practice medicine and
				surgery under the auspices of ACGME approved graduate medical training or a
				fellowship in an approved program of post-graduate clinical training sponsored
				by an institution that is accredited to provide graduate medical
				education.
2.1.5. "Fellowship"
				means a period of additional specialized training for a physician who has
				completed a specialty training program/residency which is sponsored by an
				institution that is accredited to provide graduate medical education.
2.1.6. "Good standing" means that a
				participant in graduate medical training is not under suspension or otherwise
				prohibited from current participation in his or her training program.
2.1.7. "Graduate medical training" means
				formal medical training pursued after the receipt of a medical degree and
				includes internship, residency and fellowship programs.
2.1.8. "LCME" means the Liaison Committee on
				Medical Education.
2.1.9. "Program
				Director" means the director of an accredited or approved graduate medical
				education training program.
2.1.10.
				"Reciprocal educational permit" means an authorization issued to a physician by
				the Board to practice medicine and surgery under the auspices of ACGME approved
				graduate medical training domiciled outside of West Virginia during a temporary
				residency rotation within West Virginia.
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 11-12-3 - Permit Required for Participation in Graduate Medical Training

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Beginning July
				1, 2019, no person shall participate in a program of graduate medical education
				training in West Virginia unless he or she:
3.1.1. Holds a license to practice medicine
				and surgery in this state issued by the Board pursuant to W. Va. Code §
										30-3-10; or
3.1.2. Holds an educational permit or
				reciprocal educational permit issued by the Board pursuant to W. Va. Code
				§
										30-3-16 and this rule.
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 11-12-4 - Educational Permit Eligibility and Application

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Minimum qualifications for receipt of an
				educational permit are set forth in West Virginia Code §
									30-3-16.
4.2. An application for an educational permit
				to participate in graduate medical training shall be completed on a
				Board-approved application.
4.3.
				The Board will not consider an application or decide upon the issuance of a
				permit to an applicant until the complete application, including all
				third-party documentation and/or verification, is on file with the Board and
				the Board has had at least fifteen business days to review the
				application.
4.4. An application
				for an educational permit must be accompanied by payment of a nonrefundable
				application fee in an amount established by 11 CSR 4. Until such time as 11 CSR
				4 is modified to reflect a fee for permits, the fee shall be $100.
4.5. Applicants must provide the following
				information in association with an application for an educational permit:
4.5.1. The applicant's legal name, e-mail
				address, home address, preferred mailing address and telephone
				numbers;
4.5.2. Demographic
				information of the applicant, such as date of birth, place of birth, sex,
				etc.;
4.5.3. Satisfactory proof
				that prior to commencing graduate medical training pursuant to a permit issued
				by the Board, the applicant:
4.5.3.a. Is a
				graduate of an allopathic medical school approved by the LCME;
4.5.3.b. Is a graduate of a medical college
				that meets the requirements for certification by the ECFMG; or
4.5.3.c. Has completed an alternate pathway
				for initial entry or transfer requirements by the ACGME.
4.5.4. Primary source verification from the
				Program Director of the proposed graduate medical training, or his or her
				designee, that the applicant:
4.5.4.a. Is
				under contract as a resident in a program of post-graduate clinical training
				approved by the ACGME; or
4.5.4.b.
				Has completed an ACGME-approved residency program or a residency program
				recognized by the ECFMG and is under contract as a fellow in an approved
				program of post-graduate clinical training sponsored by an institution that is
				accredited to provide graduate medical education.
4.5.5. Satisfactory proof of legal name,
				identity and date of birth;
4.5.6.
				A copy of legal documentation satisfactory to the Board which verifies any name
				change the applicant has experienced;
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 11-12-5 - Permit Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An
				educational permit is valid for a period of up to one year and, except as
				otherwise provided in this rule, expires on the last day of June following the
				issuance date of the permit.
5.2.
				An educational permit may be renewed annually during the renewal period
				established by the Board if the permit holder remains eligible to receive a
				permit.
5.3. An educational permit
				holder may renew a permit by:
5.3.1.
				Completing and submitting the Board's renewal application;
5.3.2. Having the applicant's Program
				Director to submit verification that the applicant remains under contract as
				set forth in subdivision 4.5.4. of this rule; and
5.3.3. Submitting a nonrefundable renewal fee
				in the amount of $100.