reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-02 - Rule Governing Speech-Language Pathology and Audiology Assistants › Section 29-2-6 - Tasks outside the scope of responsibility of a speech-language pathology assistant

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The assistant shall not:
a. Administer standardized or nonstandarized
				diagnostic tests, conduct formal or informal evaluations, or interpret tests
				results.
b. Screen or diagnose
				patients/clients for feeding/swallowing disorders.
c. Participate in parent conferences, case
				conferences, or any interdisciplinary team meeting without a licensed
				speech-language pathologist or audiologist being present.
d. Provide patient/client or family
				counseling.
e. Write, develop or
				modify a patient/clients/ individualized treatment plan.
f. Assist with patients/clients without
				following the individualized treatment plan prepared by the speech-language
				pathologist or audiologist without access to supervision.
g. Sign any formal documents.
h. Select patients/clients for
				service.
i. Discharge a
				patient/client from services.
j.
				Disclose clinical or confidential information either orally or in writing to
				anyone other than the supervising speech-language pathologist or
				audiologist.
k. Make referrals for
				additional service.
l. Counsel or
				consult with the patient/client, family, or others regarding the patient client
				status or service.
m. Represent
				himself or herself as a speech-language pathologist or audiologist.
n. Use a checklist or tabulate results of
				feeding or swallowing evaluations.
o. Demonstrate swallowing strategies or
				precautions to patients, family or staff.
p. Providetelepractice services
q. Perform tasks at any time when a
				supervisor cannot be reached by personal contact, phone, pager, or other
				immediate means.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-02 - Rule Governing Speech-Language Pathology and Audiology Assistants › Section 29-2-7 - Role of the Audiology Assistant

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 The audiology
				assistant shall engage only in those duties that are planned, designed and
				supervised by the supervisor and for which the assistant has received adequate
				training.
(a) The types of services the
				audiology assistant can perform include, but are not limited to:
(1) Equipment maintenance;
(2) Hearing aid repair;
(3) Electroacoustical analysis, real ear
				measurements, other verification methods of hearing aids;
(4) Hearing screening on a pass/fail
				basis;
(5) Hearing conservation and
				assisting the audiologist in testing;
(6) Preparation of patient for
				electrophysiologic and balance testing;
(7) Fulfill the facilitator role to assist
				clients on site when telepractice services are provided; and
(8) Other support functions required by the
				supervising audiologist, not to include duties specifically prohibited by
				§29.2.7.2.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-02 - Rule Governing Speech-Language Pathology and Audiology Assistants › Section 29-2-8 - Registration and Renewal of Assistants

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The supervisor
				of the assistant shall register with the Board the name of each assistant
				working under his or her supervision on a form provided by the Board.
8.2. The speech-language pathology or
				Audiology assistant shall be registered with the Board for a period of up to
				one year, with expiration of registration to occur on December 31 of each year.
				The supervisor may renew the registration of the assistant prior to that date
				provided that:
a. The assistant has completed
				(5) hours of Board approved continuing education in his or her field during the
				previous year. These continuing education units must relate directly to the
				assistant's professional growth and development and shall also include one (1)
				clock hour of continuing education in the subject of Ethics. Continuing
				education courses must be obtained between the date of registration and the
				expiration date.
b. The assistant
				will be required to provide proof of attendance at all activities for which
				credit is requested.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-03 - Contested Case Hearing Procedure › Section 29-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies the procedure for the adjudication of contested case hearings
				before the Board.
1.2. Authority.
				-- W. Va.Code §§
									30-32-1 et seq. and 30-1-1 et
				seq.
1.3. Filing Date. -- June 13,
				2014.
1.4. Effective Date. -- July
				15, 2014.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-03 - Contested Case Hearing Procedure › Section 29-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule shall
				  have the following meanings, unless the context otherwise requires:
2.1. "Board" means the West Virginia Board of
				Speech-Language Pathology and Audiology.(WVBESLPA)
2.2. "Demanding party" means an individual
				who has been denied a license to practice speech-language pathology or
				audiology by the Board and who, as a result, demands that a hearing be held
				before the Board on the issue of such denial.
2.3. "Charged party" means an individual who
				holds a license to practice speech-language pathology or audiology issued by
				the Board and who has been charged by the Board as described in Section 3.4 of
				these rules.
2.4. "License" means a
				license or provisional license issued by the Board pursuant to WV Code
				§30-32 et seq.
2.5. "Licensee"
				means an individual who holds a license to practice speech-language pathology
				or audiology issued by the Board.
2.6. "Practice of speech-language pathology
				and audiology" means the practice of speech-language pathology and audiology as
				defined in WVCode §
									30-32-4 and includes
				speech-language pathologists, audiologists and speech-language pathology and
				audiology assistants.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-03 - Contested Case Hearing Procedure › Section 29-3-4 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be reported by
				stenographic notes and characters or by mechanical means.
4.2. All reported materials shall be
				transcribed. The Board shall have the responsibility to make arrangements for
				the transcription of the reported testimony and evidence.
4.3. Upon the motion of the Board or any
				party assigning error or omission in any part of any transcript, the Board
				chair or presiding member shall settle all differences arising as to whether
				such transcript truly discloses what occurred at the hearing and shall direct
				that the transcript be corrected and/or revised as appropriate so as to make it
				conform to the truth.
4.4. A
				transcript of the hearing shall be provided to all members of the Board for
				review at least ten (10) days before the vote is taken on its decision in any
				licensure or permit disciplinary matter.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-03 - Contested Case Hearing Procedure › Section 29-3-5 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any party may
				submit proposed findings of fact and conclusions of law at a time and manner
				designated by the Board.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-03 - Contested Case Hearing Procedure › Section 29-3-6 - Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. At any time prior to the hearing or
				thereafter, the Board, its designee may hold conferences for the following
				purposes:
6.1.1. To dispose of procedural
				requests, prehearing motions or similar matters;
6.1.2. To simplify or settle issues by
				consent of the parties; or,
6.1.3.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-03 - Contested Case Hearing Procedure › Section 29-3-7 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Evidentiary
				depositions may be taken and read or otherwise included into evidence as in
				civil actions in the circuit courts of this state.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-03 - Contested Case Hearing Procedure › Section 29-3-8 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Subpoenas to
				compel the attendance of witnesses and subpoenas ducestecum to compel the
				production of documents may be issued by any member of the Board, its Executive
				Secretary, its Assistant Executive Secretary.
Such subpoenas shall be issued pursuant to WV Code §
									29A-5-1(b).
8.2. Written requests by a party for the
				issuance of subpoenas or subpoenas ducestecum as provided in subsection 8.1 of
				this section must be received by the Board no later than ten (10) days before a
				scheduled hearing. Any party requesting the issuance of subpoenas ducestecum
				shall see that they are properly served in accordance with WVCode §
									29A-5-1(b)
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-03 - Contested Case Hearing Procedure › Section 29-3-9 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any final
				order entered by the Board following a hearing conducted pursuant to these
				rules shall be made pursuant to the provisions of WV Code §§
									29A-5-3 and
				30-1-8. Such orders shall be
				entered within forty-five (45) days following the submission of all documents
				and materials necessary for the proper disposition of the case, including
				transcripts, and shall contain findings of fact and conclusions of
				law.
9.2. The findings of fact and
				conclusions of law must be approved by a majority of the Board either by a poll
				or vote at a regular meeting, before a final order is entered. A copy of the
				final order approved by a majority of the Board shall be served upon the
				demanding or charged party and/or his or her attorney of record, if any, within
				ten (10) days after entry by the Board by personal service or by registered or
				certified mail.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-03 - Contested Case Hearing Procedure › Section 29-3-10 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An appeal
				from any final order entered in accordance with these rules shall comply with
				the provisions of WV Code §§
									30-1-9 and
				29A-6-1 et seq.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-04 - Disciplinary and Complaint Procedures for Speech-Language Pathology and Audiology › Section 29-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This rule specifies a procedure
				for the investigation and resolution of complaints against speech-language
				pathologists, audiologists, provisional licensees and assistants.
1.2. Authority. W.Va. Code
				§§
									30-32-1
et seq
. and 30-1-1
et
				seq
.
1.3. Filing Date. May
				5, 2020.
1.4. Effective Date. July
				1, 2020.
1.5. Sunset Provision.
				This rule shall terminate and have no further force or effect on July 1,
				2030.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-04 - Disciplinary and Complaint Procedures for Speech-Language Pathology and Audiology › Section 29-4-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all licensed speech-language
				  pathologists, audiologists, provisional licensees and speech-language pathology
				  and audiology assistants.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-04 - Disciplinary and Complaint Procedures for Speech-Language Pathology and Audiology › Section 29-4-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the
				  following meanings, unless the context otherwise requires:
3.1 "Applicant" means any person making
				application for an original or renewal license, a provisional license or
				registering as an assistant pursuant to W.Va. Code §
									30-32-1
et
				seq.
3.2. "Board" means the
				West Virginia Board of Speech-Language Pathology and Audiology
				(WVBESLPA).
3.3. "License" means a
				license or provisional license issued by the Board pursuant to W.Va. Code
				§
									30-32-1
et seq
.
3.4. "Speech-language pathologist and
				audiologist" means a person who practices speech-language pathology or
				audiology. Speech-language pathologist, audiologist, provisional licensee and
				assistant are defined in W.Va. Code §
									30-32-4.
3.5. "Ethics investigator" means a person
				licensed to practice speech-language pathology or audiology in this state, and
				who is hired by the Board for the purpose of reviewing complaints against
				speech-language pathologists, audiologists, provisional licensees or
				assistants.
3.6. "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 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-04 - Disciplinary and Complaint Procedures for Speech-Language Pathology and Audiology › Section 29-4-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Speech-Language Pathologist, Audiologist, Provisional Licensees and Assistants

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board
				may deny an application for license, place a licensee on probation, limit or
				restrict a license, suspend a license or revoke any license issued by the
				Board, upon satisfactory proof that a licensee has been convicted of a felony
				but with considerations, as stated in sections 4.1.1. and 4.1.2. of this rule,
				or is, in his or her professional capacity, engaged in conduct, practices or
				acts constituting professional negligence or a willful departure from accepted
				standards of professional conduct in violation of W. Va.Code §
									30-32-1
et seq
. or the rules of the Board.
4.1.1. 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 speech-language pathology or audiology professions. In determining
				whether a criminal conviction bears a rational nexus to the speech-language
				pathology or audiology professions, the Board shall consider, at a minimum:
4.1.1.a. The nature and seriousness of the
				crime for which the individual was convicted;
4.1.1.b. The passage of time since the
				commission of the crime;
4.1.1.c.
				The relationship of the crime to the ability, capacity, and fitness required to
				perform the duties and discharge the responsibilities of the speech-language
				pathology and audiology professions; and
4.1.1.d. Any evidence of rehabilitation or
				treatment undertaken by the applicant.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-04 - Disciplinary and Complaint Procedures for Speech-Language Pathology and Audiology › Section 29-4-5 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any person,
				firm, corporation, member of the Board, or public officer may make a complaint
				to the Board which charges a speech-language pathologist, audiologist,
				provisional licensee or assistant with a violation of W.Va. Code §
									30-32-1
et seq
. or of the rules of the Board. The Board may provide a
				form for that purpose, but a complaint may be filed in any written form. In
				addition to describing the alleged violation which prompted the complaint, the
				complaint should contain the following:
5.1.1.
				The name and address of the speech-language pathologist, audiologist,
				provisional licensee or assistant against whom the complaint is
				lodged;
5.1.2. The date of
				care;
5.1.3. The name of any person
				who may have treated the patient after the alleged incident; and,
5.1.4. The name of any health care
				institution or health care provider in which the patient was an inpatient or
				outpatient after or during the alleged incident.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-04 - Disciplinary and Complaint Procedures for Speech-Language Pathology and Audiology › Section 29-4-6 - Contested Case Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Board
				may refuse to renew a license, or may suspend a license if it determines there
				is probable cause to believe that the speech-language pathologist, audiologist,
				provisional licensee or assistant conduct, practices or acts constitute an
				immediate danger to the public.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-04 - Disciplinary and Complaint Procedures for Speech-Language Pathology and Audiology › Section 29-4-7 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any applicant who has had his or her
				application for a license denied by order of the Board may appeal the order
				within 30 days of that action in accordance with the contested case hearing
				procedures set forth in W. Va.Code §
									29A-6-1
et seq
.and
				the rules of the Board: Provided, that the appeal shall not include cases in
				which the Board denies a license or certificate after an examination to test
				the knowledge or the ability of the applicant where the controversy concerns
				whether the examination was fair or whether the applicant passed the
				examination.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-05 - West Virginia Board of Examiners for Speech-Language Pathology and Audiology Code of Ethics › Section 29-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes a Code of Ethics outlining principles essential
				for upholding the highest ethical standards essential to the practice of
				Speech-Language Pathology and Audiology.
1.2. Authority. -- W. Va. Code §
									30-32-7.
1.3. Filing Date. -- April 22,
				2014.
1.4. Effective Date. -- July
				1, 2014.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-01 - Criteria For Licensure › Section 30-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.  Scope. -- This legislative rule establishes criteria for
				  licensure by the West Virginia Board of Respiratory Care.
1.2.  Authority. -- W. Va. Code §
									30-34-6, and W. Va.
				  Code §
									30-34-6a
1.3.  Filing Date. - April 8, 2021
1.4.  Sunset Provision. -- This rule shall terminate and have
				  no further force or effect upon April 8, 2026
1.5.  Effective Date. - April 8, 2021
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-01 - Criteria For Licensure › Section 30-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.  "Board" means the West Virginia Board of
				  Respiratory Care established pursuant to W. Va. Code §
									30-34-1
et
				  seq
.
2.2.  "Initial License" means obtaining a
				  license in West Virginia for the practice of respiratory care for the first
				  time.
2.3.  "Reinstatement of License" means obtaining
				  a license in West Virginia for the practice of respiratory care when the
				  applicant had a previous license.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-01 - Criteria For Licensure › Section 30-1-3 - Criteria for Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.  Upon payment of required fees, an applicant for a
				  license to practice respiratory care shall submit to the board official
				  written, verified by oath, evidence that the applicant:
3.1.1.  Has completed a board approved respiratory care
				  educational program; and
3.1.2.  On or after July 1, 2022 holds a current valid
				  Registered Respiratory Therapist Credential conferred by the National Board of
				  Respiratory Care or its successor organizations.
3.1.3.  Prior to July 1, 2022 holds a current valid Certified
				  Respiratory Therapist or Registered Respiratory Therapist credential from the
				  National Board of Respiratory Care or its successor organizations.
3.1.4.  Successfully passing an examination administered by
				  the state or by a national agency approved by the board. The board shall set
				  the passing score for the examination.
3.1.5.  The board may issue a license to practice respiratory
				  care to an applicant who is currently licensed to practice respiratory care
				  under the laws of another state, territory, or country if the 30CSR1
				  qualifications of the applicant are deemed by the board to be equivalent to, or
				  greater than, those required in West Virginia. Applicants applying under this
				  section shall be required to provide official verification of license from the
				  state where they currently hold a valid license directly to this state.
3.1.6.  The board may also issue a license to practice
				  respiratory Care by endorsement to respiratory therapists holding valid
				  credentials conferred by the National Board of Respiratory Care, or its
				  successor organizations, if the credentials have not been suspended or revoked.
				  Applicants applying under this section shall be required to provide official
				  verification of valid credentials directly from the National Board of
				  Respiratory Care to this board.
3.1.7.  If an applicant fails to complete the requirements for
				  licensure within ninety days from the date of filing, the application is
				  considered abandoned.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-01 - Criteria For Licensure › Section 30-1-4 - Criteria for Reinstatement of License

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.  Respiratory therapists licensed prior to July 1, 2022,
				  whose license has expired and wish to reapply for a license in West Virginia
				  shall provide proof of holding a current valid Certified Respiratory Therapist
				  or Registered Respiratory Therapist credential from the National Board for
				  Respiratory Care or successor organizations within a year of application and
				  completing continuing education credits requirements as set by the
				  board.
4.2.  Respiratory therapists licensed after July 1, 2022
				  reapplying for a new license shall provide proof of holding a current valid
				  Registered Respiratory Therapist credential from the National Board for
				  Respiratory Care or successor organizations within a year of application and
				  completing continuing education credit requirements as set by the board.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-01 - Criteria For Licensure › Section 30-1-5 - Restricted Titles

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The following titles are prohibited from use by persons who are not licensed under this provision: respiratory care professional; respiratory care educator; respiratory care practitioner; respiratory therapist; respiratory technologist; respiratory technician; inhalation therapist; cardiopulmonary technician; respiratory care associate; cardiopulmonary associate; or any similar title.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-02 - Establishment of Fees › Section 30-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope: This legislative rule sets forth in
				detail all fees charged by the board.
1.2. Authority: W. Va. Code §§
									30-34-6
				and 30-34-6a(a)(7).
1.3. Filing Date:
				May 4, 2020
1.4. Effective Date:
				August 4, 2020
1.5. Sunset Provision
				-- This rule shall terminate and have no further force or effect after August 4,
				2030.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-02 - Establishment of Fees › Section 30-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" refers to the WV Board of
				Respiratory Care, abbreviated as WVBORC.
2.2. "Initial" means obtaining a license in
				West Virginia for the profession sought for the first time.
2.3. "License" means a license issued by the
				Board to an applicant who meets all the requirements for licensure in Respiratory
				Care.
2.4. "Low-Income Individuals"
				means individuals in the local labor market as defined in 2.6 of this rule whose
				household adjusted gross income is below 130 percent of the federal poverty line.
				This term includes any person enrolled in a state or federal public assistance
				program including, but not limited to, the Temporary Assistance for Needy
				Families, Medicaid, or the Supplemental Nutrition Assistance Program.
2.5. "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, honorably discharged veterans of these forces, and
				their spouses. The term includes surviving spouses of deceased service members
				who have not remarried.
2.6. "Local
				labor market" means every county in West Virginia, and any county outside of West
				Virginia if any portion of that county is within fifty miles of the border of
				West Virginia, pursuant to W.Va. Code §
									21-1C-2;
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-02 - Establishment of Fees › Section 30-2-3 - Application Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An applicant
				for licensure shall file with the West Virginia Board of Respiratory Care, a
				signed application form and pay an initial application fee of $200.
3.2 Low-Income Individuals and Military
				Families residing within the local labor market may request a waiver of initial
				application fee from the Board. The Board will provide waiver forms located at
				www.wvborc.wv.gov or upon request from the applicant. Applicant shall provide
				completed waiver forms with proof of low-income and/or military families along
				with completed application for licensure. Applicant will be notified of waiver
				status within 30 days by the Board.
3.3. Individuals requesting an official
				verification of their license shall send a written request along with $10 money
				order, cashier's check, or e-payment to the board
				office.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-02 - Establishment of Fees › Section 30-2-4 - Renewal Fees Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Every
				licensee shall renew his or her license on or before the first of January of each
				year.
4.2. The license renewal fee is
				$65.
4.3. Any licensee who files for
				early renewal between the dates of November 1 and November 30, in any year, is
				entitled to a $10 discount on the license renewal.
4.4. Any license that is not renewed on January
				1 automatically lapses and the person whose license has lapsed shall submit a new
				application and a $200 application fee.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-03 - Continuing Education Requirements › Section 30-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule delineates the requirements for continuing education and prescribes methods and standards for the accreditation of continuing education courses.
1.2. Authority. -- W. Va. Code '30-34-5.
1.3. Filing Date. -- April 6, 2000.
1.4. Effective Date. -- April 20, 2000.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-03 - Continuing Education Requirements › Section 30-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Academic Course" offered by an accredited post-secondary institution means a respiratory care course, or a course which may be applicable to the practice of respiratory care and appropriate for the respiratory care provider employed in the areas of clinical practice, health care administration, respiratory care or health care education, or clinical research.
2.2. "American Association for Respiratory Care for Continuing Respiratory Care Education Approval" means any program, which has received recognition by the American Association of Respiratory Care.
2.3. "Continuing Education Unit" means fifty (50) contact minutes of participating in an approved continuing education program.
2.4. "Program" means an organized learning experience planned and evaluated to meet behavioral objectives; programs may be presented in one session or in a series.
2.5. "Provider" means an organization approved by the Board for offering continuing education programs.
2.6. "Revelant" means having content applicable to the practice of respiratory care as defined by the Board.
2.7. "Successful completion" means that the respiratory care licensee has satisfactorily met the specific requirements of the offering and that the respiratory care licensee has earned the continuing education units. The Board shall not grant continuing education units for repeated instruction of the same course.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-03 - Continuing Education Requirements › Section 30-3-3 - Accrual of Continuing Education Units Mandatory: Computation of Accrual

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A licensee shall accrue a minimum of twenty (20) continuing education units every two (2) years.
3.2. The current accrual period of January 1, 1999 through December 31, 2000 is revised to January 1, 1999 through September 30, 2000. Licensees shall report their continuing education to the Board office between October 1st and December 31st following the accrual period. The continuing education units required for this revised accrual period of January 1, 1999 to October 1, 2000 are prorated to fifteen (15) units. Each licensee shall report twenty (20)_continuing education units for each subsequent two-year accrual period. The new deadline will be December 31st.
3.3. Beginning October 1, 1999 the accrual period is October 1, of one year through September 30, of the following calendar year.
3.4. All continuing education units shall be relevant to the field of respiratory care.
3.5. The license of a licensee who fails to meet the continuing education requirements lapses. The Board shall notify the licensee, in writing, that his or_her continuing education requirements are not in compliance and his or her_license has lapsed within twenty (20) working days of receipt of Continuing Education Unit reporting forms. If the Board fails to notify the licensee of non-compliance within this time period, the requested continued education units shall be considered approved by the Board.
3.6. Continuing education units shall be prorated for new licensees.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-03 - Continuing Education Requirements › Section 30-3-4 - Methods of Acquiring Continuing Education Units

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Continuing education units applicable to the renewal of the license shall be directly related to the professional growth and development of the respiratory care licensee, and shall be revelant to the practice of respiratory care.
4.2. A licensee may earn continuing education units by completing any of the educational offerings of the American Association of Respiratory Care approved courses or programs.
4.3. A licensee may earn continuing education units by completing academic courses as defined in subsection 2.1 of this rule. For the purposes of this rule, one (1) credit hour of academic course equals fifteen (15) continuing education units.
4.4. Relevant offerings provided by other organizations or institutions may be approved by the Board for continuing education units. Approved organizations may include but are not limited to the West Virginia Society for Respiratory Care, the West Virginia Lung Association, the West Virginia Thoracic Society, the Board of Examiners for Registered Professional Nurses, the American Medical Association, or the National Association of Medical Equipment Suppliers.
4.5. The Board may approve continuing education units for successful completion of the ANational Board of Respiratory Care, Inc.@, advanced practitioner exams including, but, not limited to the Perinatal Pediatric Exam, Certified Pulmonary Function Exam, Registered Pulmonary Function Exam, or any other future exam developed and administered by the National Board of Respiratory Care or its successor organization. The Board shall grant ten (10) continuing education units to a licensee upon passing each advanced practitioner exam.
The Board encourages licensees to retake the ANational Board of Respiratory Care, Inc.@ exams, and the Board shall grant five (5) continuing education units for those licensees retaking and passing the exam.
4.6. The Board may approve related areas not specifically a part of the field of respiratory care for up to two (2) continuing education units, if the Board believes that the related areas may serve to enhance the licensee=s ability to practice.
4.7. The Board may approve continuing education units for up to five (5) units for authorship of a research article printed in a Board approved medical journal or Board approved textbook.
4.8. The Board may approve continuing education units for the authorship of continuing education material used in conducting continuing education program offerings. The Board shall grant the licensee twice the amount of continuing education units available to licensees attending the course or program was written. For example, if a course or program qualifies for five (5) continuing education units, the Board shall grant ten (10) continuing education units to the author of the continuing education material.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-03 - Continuing Education Requirements › Section 30-3-5 - Procedures For Accreditation of Sponsors and Approval of Continuing Education Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any organization desiring to establish accreditation of a continuing education program shall apply to the Board prior to the program offering. The application for accreditation shall be approved by the Board at least thirty (30) days in advance of the program being offered. The organization shall submit an application on forms provided by the Board. The application shall state the type of learning activity, subject matter, names and qualifications of the instructors, number of continuing education units offered, and shall also submit the fees established by the Board.
5.2. A continuing education activity is qualified for approval if the Board determines that the activity being presented is an organized program of learning; pertains to subject matters which integrally relate to the practice of respiratory care; contributes to the professional competency of the licensee; and is conducted by individuals who have educational training or experience acceptable to the Board.
5.3. The Board may pre-approve a provider of continuing education. The continuing education offering shall be an organized program of learning. Each approved provider of continuing education shall maintain accurate records of each course to include; a course content outline, a statement of the course=s relevancy to respiratory care, a roster of attendees, and the name of the Respiratory Therapist reviewing the course. Individuals who have educational training or experience acceptable to the Board shall conduct the course offerings.
5.4. A pre-approved provider must maintain records of each continuing education offering which shall include, but not be limited to; the continuing education offering title, the course outline, an attendance roster, the signature of the_respiratory therapist reviewing the course content and the number of continuing education units granted.
5.5. The pre-approved provider shall provide the attendee of the continuing education activity an agenda or listing of course content and a certificate of completion signed by the provider of the continuing education offering.
5.6. The pre-approved provider shall supply, upon request by the Board, a copy of files of all continuing education offerings.
5.7. The pre-approved provider of continuing education offerings may be subject to
Board suspension of privilege if the provider fails to submit requested documentation of continuing education activity. Future pre-approval is subject to the Board=s decision.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-03 - Continuing Education Requirements › Section 30-3-6 - Responsibilities and Reporting Requirements of the Licensees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A licensee is responsible for obtaining the required number of continuing education units. The licensee shall identify his or her own continuing education needs, take initiative in seeking continuing professional education activities to meet these needs, and seek ways to integrate new knowledge, skills and attitudes relevant to the practice of respiratory care.
6.2. Each licensee shall select approved activities by which to earn continuing education units and obtain prior approval from the board for continuing education not accredited by the Board.
6.3. Each licensee shall maintain records of continuing education units and submit record of them to the board postmarked by December 31st, of each year proceeding the accrual period.
6.4. Each licensee shall document attendance and participation in a continuing education activity in the form of, but not limited to, official documents such as transcripts, certificates, or affidavits signed by instructors. The type of documentation required varies depending on the specific activity submitted to the Board for approval.
6.5. Each licensee shall full comply with the provisions of this rule. The Board may revoke or refuse to renew a licensee=s license if he or she fails to comply with the provisions of this rule.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-03 - Continuing Education Requirements › Section 30-3-7 - Carry Over of Continuing Education Units

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A licensee may carry over six (6) continuing education units earned in excess of those required under subsection 3.1 of this rule into the immediately following accrual period.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-03 - Continuing Education Requirements › Section 30-3-8 - Board to Approve Continuing Education Units; Appeal When Approval Denied

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In the event of denial, in whole or part, of any application for approval of continuing education units, the licensee may appeal in writing to the Board. The notice of appeal must be received by the Board within thirty (30) days after the date of the receipt of the Board=s order denying approval of continuing education units.
8.2. A hearing before the full Board may be held at the request of the licensee, if the written appeal is denied. The board must receive the written request for a hearing within (10) business days after the date the Board mails the notification of denial.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-03 - Continuing Education Requirements › Section 30-3-9 - Temporary License Holders and Inactive Status

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Continuing education requirements shall not apply to the holders of a temporary license.
9.2. The Board may, in individual cases involving medical disability or illness, grant waivers of the minimum continuing education requirements or extensions of time within which to fulfill the requirements or make the required reports. A written request for waiver or extension of time shall be submitted by the licensee and shall be accompanied by a verifying document signed by a licensed physician. Waivers of the minimum continuing education requirements or extensions of time within which to fulfill the requirements may be granted by the Board for a period of time not to exceed one (1) calendar year. If the granted allowance continues beyond the period of the waiver or extension, the licensee shall apply for another waiver.
9.3. The Board may waive continuing education requirements for a licensee on inactive status during the period he or she remain inactive. If the licensee applies to the Board to return to active status, the licensee shall submit proof of completion of five (5) continuing education units within the twelve (12) month period immediately preceding the date on which the application is submitted. The licensee may request to be allowed to return to active status immediately. The Board shall grant the request, if the licensee agrees to successfully complete ten (10) continuing education units within twelve (12) months of the date on which the Board approves active status.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-04 - Disciplinary Action › Section 30-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule defines the roles and authority of the Board in investigation and resolution of disciplinary matters.
1.2. Authority. -- W.Va. Code '30-34-5.
1.3. Filing Date. -- April 6, 2000.
1.4. Effective Date. -- April 20, 2000.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-04 - Disciplinary Action › Section 30-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the WV Board of Respiratory Care.
2.2. "Complaint" refers to any written communication with the Board or its representative which indicates or tends to indicate that a licensee is acting in violation of the W. Va. Code '30-34-1 et seq., or the rules governing the practice of the respiratory care licensee.
2.3. "Impaired" refers to the condition of a licensee whose performance or behavior is altered through the use of alcohol, drugs, or other means.
2.4. "Proof" refers to all types of evidence except testimony, including but not limited to records, documents, exhibits, concrete objects, and laboratory or other tests.
2.5. "Structured Treatment Program" refers to a program for physical, psychological and social rehabilitation.
2.6. "Testimony" refers to evidence given by a witness under oath or affirmation, including but not limited to oral statements, affidavits, or depositions.