reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-09 - Chiropractic Telehealth Practice › Section 4-9-4 - Standard of Care, Administrative Discipline, and Restrictions on Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Standard
				of Care for the Provision ofTelehealth Services by registrants under this rule
				shall require the registrants to follow the scope of practice stated in W. Va.
				Code §
									30-16-3
et
				seq
., §
									30-16-18,
				§
									30-16-20,
				and §
									30-16-21;
				however, the standard of care does not include the review of non-patient
				information relating to the duration and necessity of chiropractic care that
				affects the course of care, the treatment plan, or payment, and reimbursement,
				concerning chiropractic patients residing in the State of West Virginia. It
				also does not permit the promotion or practice of functional medicine as a
				specialty, nor allow any disease-based treatment.
4.1.1. A registration issued pursuant to this
				rule does not authorize a health care professional to practice from a physical
				location within this state without first obtaining licensure by the Board of
				Chiropractic.
4.1.2. A healthcare
				professional who registers to provide telehealth services pursuant to this rule
				shall immediately notify the Board of any restrictions placed on the
				individual's license to practice in any state or jurisdiction.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-01 - Rule for the West Virginia Board of Dental Examiners › Section 5-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				rule regulates the W. Va. Board of Dentistry's proceedings and carries out the
				purposes and enforces the provisions of W. Va. Code §§
									30-1-1 et
				seq and 30-4-1 et seq which are applicable to the W. Va. Board of
				Dentistry.
1.2. Authority. -- W.
				Va. Code §30-4- 5 & 6, W. Va. Code §
									30-1-23
				&24, and W. Va. Code §
									30-1D-1(d).
1.3. Filing Date. -- May 3, 2022
1.4. Effective Date. -- July 1,
				2022
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2032.
1.6. Amend. -- This rule
				amends W. Va. Board of Dentistry Rule 5CSR1, W. Va. Administrative rules, W.
				Va. Board of Dentistry which became effective on June 1, 2020.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-01 - Rule for the West Virginia Board of Dental Examiners › Section 5-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Initial
				licensure means obtaining a license in West Virginia for the occupation sought
				for the first time.
2.2. Low-income
				individuals means individuals in the local labor market as defined in W. Va.
				Code §
									21-1C-2
				whose household adjusted gross income is below 130 percent of the federal
				poverty line. This term also includes any person enrolled in a state or federal
				public assistance program including, but not limited to, the Temporary
				Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition
				Assistance Program.
2.3. Military
				families means any person who serves as an active member of the armed forces of
				the United States, the National Guard, or a reserve component as described in
				38
				U. S. C. §
										101, honorably discharged
				veterans of those forces, and their spouses. This term also includes surviving
				spouses of deceased service members who have not remarried.
2.4. Trade name means a fictitious name, firm
				name or a doing business as name under which business is conducted other than
				the current official name on a business registration.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-01 - Rule for the West Virginia Board of Dental Examiners › Section 5-1-5 - Practice of dentistry under trade name

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A person shall not practice, or offer or
				undertake to practice, dentistry under any name other than his or her own true
				name. This section may not prohibit the practice of dentistry by a partnership
				under a trade name, or a licensed dentist from practicing dentistry as the
				employee of a licensed dentist, practicing under his own name or under a trade
				name, or as the employee of a professional corporation, or as a member,
				manager, employee, or agent of a professional limited liability company or as
				the employee of a dental clinic operated as specified.
5.2. A dentist, partnership, professional
				corporation, or professional limited liability company that owns a dental
				practice may adopt a trade name for that practice so long as the trade name
				meets the following requirements:
5.2.a. The
				trade name incorporates one or more of the following;
(i) a geographic location, e.g., to include,
				but not be limited to, a street name, shopping center, neighborhood, city, or
				county location;
(ii) the type of
				practice; or
(iii) a derivative of
				the dentist's name.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-01 - Rule for the West Virginia Board of Dental Examiners › Section 5-1-6 - Annual information and renewal notice; reinstatement; penalty fees; waiver of payment of fees; change of address

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Annual information and renewal notice;
				reinstatement and penalty fees.
6.1.a. On or
				before the first day of February of each year, every dentist licensed to
				practice dentistry in this state, and every dental hygienist licensed to
				practice dental hygiene in this state, shall transmit to the director of the
				board upon a form prescribed by the board, on a paper form or an internet based
				online form, his or her signature, or electronic signature, post-office
				address, office address, serial number of his or her license certificate,
				whether he or she has been engaged during the preceding year in the active and
				continuous practice of dentistry or dental hygiene, as the case may be, whether
				within or without this state, and any other information required by the board,
				together with a renewal application and fee.
6.1.b. Upon receipt of the required
				information and the payment of the proper renewal fee, the board shall issue a
				renewal certificate authorizing the licensee to continue the practice of
				dentistry or the practice of dental hygiene in this state for a period of one
				year from the first day of February.
6.1.c. Upon failure of any licensee to submit
				the required information and pay the annual renewal fee as required by the
				statutory date, the board shall attempt to notify the licensee in writing by
				mailing to his or her address of record a notice of the expiration of his or
				her license on the statutory date; Provided, that the Board's failure to mail
				or receive the notice shall not affect the expiration of the licensee's
				license.
6.1.d. A license to
				practice dentistry or dental hygiene expires on the first day of February if
				the licensee fails to secure a current renewal certificate by that day. Any
				licensee whose license is expired by reason of the failure, neglect or refusal
				to secure the proper renewal certificate may have his or her license reinstated
				by the board at any time within one year from the date of the expiration of the
				license upon the payment of the proper renewal fee and a penalty fee as set by
				the board's rule. Fees Established by the Board, 5CSR3. If the licensee does
				not apply for renewal of his or her license as required by this section within
				one year, that person shall, at the discretion of the board, file an
				application for reinstatement.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-02 - Formation and Approval of Professional Limited Liability Companies › Section 5-2-1 - 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 dentists.
1.2. Authority. -- W. Va. Code §
									31B-13-1304.
1.3. Filing Date. -- May 2, 2022
1.4. Effective Date. -- July 1,
				2022
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2032.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-02 - Formation and Approval of Professional Limited Liability Companies › Section 5-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Board. - The
				West Virginia Board of Dentistry, established in W. Va. Code §
									30-4-4.
2.2. Professional limited liability company.
				- A limited liability company organized under Chapter 3 IB of the W. Va. Code
				for the purpose of rendering a professional service.
2.3. Professional services. - The services
				rendered under W. Va. Code §
									30-4-1
				et seq.. by dentists.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-02 - Formation and Approval of Professional Limited Liability Companies › Section 5-2-3 - Procedures for Formation and Approval of Professional Limited Liability Companies for Dentists; Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Dentists licensed to practice dentistry in an active status in this State who
				desire to render dental professional services as a limited liability company
				shall comply with the provisions of W. Va. Code § 31B-13-1 et seq. A
				dental professional limited liability company shall not have as a member anyone
				other than a person who is duly licensed by the Board or otherwise legally
				authorized to render the professional services for which the professional
				limited liability company was organized.
3.2. The name of a professional limited
				liability company shall contain the words "professional limited liability
				company" or the abbreviation "P. L. L. C." or "Professional L. L. C."
3.3. The name of a dental limited liability
				company shall comply with the rules concerning the practice of dentistry under
				a trade name.
3.4. Every
				professional limited liability, company shall file with the Board at the time
				of formation, and on an annual basis on or before the first day of July, the
				names of its one or more members, and written documentation that the
				professional limited liability company carries at least one million dollars of
				professional liability insurance, together with an initial filing fee and an
				annual renewal fee as set forth in the Board's rule, Fees Established by the
				Board, 5CSR3.
3.4.a. The requirement of
				carrying one million dollars of professional liability insurance is satisfied
				if the professional limited liability company provides one million dollars of
				funds specifically designated and segregated for the satisfaction of judgements
				against the company members or any of its professional or nonprofessional
				managers or employees arising out of the performance of professional services
				to patients of the company, by;
3.4.a.1. the
				deposit in trust or in bank escrow of cash, bank certificates of deposit or
				United States treasury obligation; or
3.4.a.2. A blank letter of credit or an
				insurance company bond.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-02 - Formation and Approval of Professional Limited Liability Companies › Section 5-2-4 - Approval and Authorization of Change of Name

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any professional limited liability
				company seeking a name change shall submit a written request to the Board,
				along with the appropriate amending documents for approval, and appropriate fee
				as set forth by the Board's rule. Fees Established by the Board, 5CSR3. Once
				approved the Board shall send an authorization for the name change to the
				Secretary of State.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-02 - Formation and Approval of Professional Limited Liability Companies › Section 5-2-5 - Notification of Non-compliance, Cessation of Rendering Professional Services

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If the Board
				determines that a professional limited liability company is not in compliance
				with all the provisions of this rule and should cease rendering professional
				services in the State, the Board shall notify the professional limited
				liability company in writing, and upon receipt of the written notice, the
				professional limited liability company shall cease rendering professional
				services in the State.
5.2. Once
				the Board determines a professional limited liability company is not in
				compliance and/or that its certificate of authorization is expired 60 days or
				more, the Board shall notify the Secretary of State that the professional
				limited liability company's certificate of authorization is no longer
				valid.
5.3. A professional limited
				liability company whose certificate is expired for 60 days or more may submit
				an application to reinstate its certificate of authorization on an application
				prescribed by the Board. The fee shall be in the amount of the renewal fee plus
				any applicable late fees as set forth in the Board's rule, Fees Established by
				the Board, 5CSR3.
5.4. The Board
				may approve an application to reinstate a certificate of authorization if the
				professional limited liability company comes into compliance with W. Va. Code
				§
									31B-13-1301 et seq.,
				the Secretary of State's Office, and the provisions of this rule. The Board
				shall notify the Secretary of State of the reinstatement of a certificate of
				authorization.
5.5. If a
				professional limited liability company fails to adhere to W. Va. Code §
									31B-13-1301 et seq.,
				and the provisions of this rule concerning the practice of dentistry of a
				dental professional limited liability company the Board may file a complaint
				and take possible disciplinary actions against the company and/or its licensee
				members.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-02 - Formation and Approval of Professional Limited Liability Companies › Section 5-2-6 - Dentist - Patient Relationship

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The provisions of this rule shall not be construed to alter or affect the
				dentist - patient relationship.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -
				This legislative rule establishes fees for the Board of Dentistry.
1.2. Authority. - W. Va. Code §§
									30-1-6
				and
				30-4-6.
1.3. Filing Date. - May 9, 2022
1.4. Effective Date. - August 7,
				2022
1.5. Sunset Provision - This
				rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-2 - Schedule of Fees for Dentists

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Dental
				Licensure Application $167.00
2.2.
				Re-examination fee for Dentists (Law Exam) $18.00
2.3. Out of State Dentist - Dental Licensure
				Application $180.00
2.4. Dental
				Intem/Dental Residency Permit $180.00
2.5. Teaching Permit $180.00
2.6. Investigation of Qualification for
				Temporary, Dental Intem/Dental Residency or Teaching Permits $45.00
2.7. Annual Information & Renewal fee for
				a Dentist $167.00
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-3 - Schedule of fees for Specialty Licensure for Dentists

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Dental
				Specialty Licensure Application $270.00
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-4 - Schedule of Fees for Hygienists

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Dental Hygiene
				Licensure Application $68.00
4.2.
				Re-examination fee for Dental Hygienists (Law Exam) $18.00
4.3. Out of State Dental Hygienist - Dental
				Hygienist Licensure Application $90.00
4.4. Temporary Permit $90.00
4.5. Teaching Permit $90.00
4.6. Investigation of Qualification for
				Temporary, or Teaching Permits $45.00
4.7. Annual Information & Renewal fee for
				a Dental Hygienist $68.00
4.8.
				Annual Information & Renewal fee for a Dental Hygienists employed by a
				public health agency $59.00
4.9.
				Local Anesthesia Certificate Application fee $45.00
4.10. Nitrous Oxide Monitoring Certificate
				Application fee $45.00
4.11.
				Bleaching Certificate Application fee $23.00
4.12. General Supervision Application fee
				$90.00
4.13. Public Health Practice
				Application fee $23.00
4.14. Annual
				Renewal fee of Local Anesthesia Certificate $23.00
4.15. Annual Renewal fee of General
				Supervision Certificate $45.00
4.16. Annual Renewal fee of Public Health
				Practice Certificate $23.00
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-5 - Schedule of Fees for Dental Assistants

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Nitrous Oxide
				Monitoring Certificate Application fee $23.00
5.2. Orthodontic and/or Restorative Expanded
				Duties Certificate Application fee $23.00
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-6 - Schedule of Fees for Dental Corporations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Application to
				Form a Dental Corporation $225.00
6.2. Annual renewal fee for a Dental
				Corporation $135.00
6.3.
				Authorization of a Name Change $23.00
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-7 - Schedule of fees for Anesthesia

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Class Two
				Certification Application Fee $45.00
7.2. Class Two Certification Renewal Fee
				$14.00
7.3. Class Three or Four
				Permit Application Fee $810.00
7.4.
				Class Three or Four Permit Renewal Fee $270.00
7.5. Qualified Monitor Application Fee
				$45.00
7.6. Qualified Monitor
				Annual Renewal Fee $23.00
7.7.
				Facility Inspection $180.00
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-8 - Schedule of fees for Professional Limited Liability Companies

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Application to
				Form a Dental Professional Limited Liability Company $225.00
8.2. Annual Renewal fee for a Professional
				Limited Liability Company $158.00
8.3. Authorization of a Name Change
				$23.00
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-9 - Schedule of fees for Mobile Dental Facilities and Portable Dental Units

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Mobile
				Dental Facility Permit Application fee $ 1,350.00
9.2. Mobile Dental Facility Permit
				Application fee for Non-Profits $225.00
9.3. Mobile Dental Facility Permit Renewal
				fee $900.00
9.4. Mobile Dental
				Facility Permit Renewal Fee for Non-Profits $225.00
9.5. Portable Dental Unit Permit Application
				fee $450.00
9.6. Portable Dental
				Unit Permit Application fee for Non-Profits $45.00
9.7. Portable Dental Unit Permit Renewal fee
				$225.00
9.8. Portable Dental Unit
				Permit Renewal fee for Non-Profits $45.00
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-10 - Schedule for Miscellaneous Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Verification
				of Licensure to another State (Charge for licensee) $23.00
10.2. Verification of Lie ensure (other
				entitle s) $23.00 per name
10.3.
				Course approval application fee $90.00
10.4. Duplicate renewal license
				$5.00
10.5. Duplicate wall
				certificate $10.00
10.6. Roster of
				Active Dental or Hygiene Licensees or Hygiene or Assistant Expanded Duties
				Certificate Holders (paper, email or cd) $90.00 per list
10.7. Roster of Active Dental or Hygiene
				Licensees or Hygiene or Assistant Expanded Duties Certificate Holders(labels)
				$180.00 per list
10.8. Roster of
				Active Dental or Hygiene Licensees or Hygiene or Assistant Expanded Duties
				Certificate Holders (one county, one dental specialty, etc.) (paper, email or
				labels) $10.00 per list
10.9.
				Miscellaneous Copies (first page) $3.00 additional pages $0.25
10.10. Retrieval Fee $25.00
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-11 - Late Renewal and Late Continuing Education Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any Dental,
				Dental Specialty, Hygiene, Anesthesia, Corporation, PLLC, etc. that fail to
				renew by the specified renewal date, shall be assessed a penalty fee equal to
				the renewal fee, in addition to other conditions of renewal as set forth by
				statute or rule.
11.2. Any Licensee
				that fails to report their continuing education requirements as set forth by
				statute or rule by the required reporting date shall be assessed a penalty fee
				equal the annual renewal fee of the licensee.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-12 - Returned Checks

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Returned
				Check Charge $25.00
12.2. Failure
				to replace renewal or application fees due to a returned check and pay the
				returned check charge shall constitute grounds for denial, revocation or
				suspension of a license.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-03 - Fees Established by the Board › Section 5-3-13 - Non Refundable

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. All fees
				are non-refundable.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-04 - Contested Case Hearing Procedures › Section 5-4-1 - 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 §
									30-1-8.
1.3. Filing Date. -- July 23, 2015
1.4. Effective Date. -- September 1,
				2015
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-04 - Contested Case Hearing Procedures › Section 5-4-2 - 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. "Applicant" means any person making
				application for an original or renewal license and/or a permit pursuant to W.
				Va. Code §§
									30-4-1
				et seq. and 30-4A-1 et seq.
2.2.
				"Board" means the West Virginia Board of Dentistry.
2.3. "Demanding party" means an individual
				who has been denied a license and/or permit by the Board and who, as a result,
				demands that a hearing be held before the Board on the issue of the
				denial.
2.4. "Charged party" means
				an individual who holds a license and/or permit issued by the Board and who has
				been charged by the Board as described in Section 6.4 of this rule.
2.5. "License" means a license and/or permit
				issued by the Board pursuant to W. Va. Code §§
									30-4-1
				et seq. and 30-4A-1 et seq.
2.6.
				"Licensee" means an individual who holds a license to practice issued by the
				Board.
2.7. "Permittee" is a person
				who holds a permit issued by the Board.
2.8. "Practice of dentistry" means the
				practice of dentistry as defined in W. Va. Code §
									30-4-23.
2.9. "Practice of dental hygiene" means the
				practice of dental hygiene as defined in W. Va. Code §
									30-4-3.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-04 - Contested Case Hearing Procedures › Section 5-4-3 - Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. At any time prior to the hearing or
				thereafter, the Board, or its designee may hold conferences for the following
				purposes:
3.1.1. To dispose of procedural
				requests, prehearing motions or similar matters;
3.1.2. To simplify or settle issues by
				consent of the parties; or,
3.1.3.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-04 - Contested Case Hearing Procedures › Section 5-4-4 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. 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 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-04 - Contested Case Hearing Procedures › Section 5-4-5 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Subpoenas to
				compel the attendance of witnesses and subpoenas duces tecum to compel the
				production of documents may be issued by any member of the Board or its
				Executive Secretary.
Such subpoenas shall be issued pursuant to W. Va. Code §
									29A-5-1(b).
5.2. Written requests by a party for the
				issuance of subpoenas or subpoenas duces tecum as provided in subsection 5.1 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 duces tecum
				must have them properly served in accordance with W. Va. Code §
									29A-5-1(b)
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-04 - Contested Case Hearing Procedures › Section 5-4-6 - Hearing Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any
				applicant denied a license and/or permit or any licensee and/or permit holder
				who has had their license and/or permit suspended by the Board who believes the
				denial was in violation of W. Va. Code §§
									30-1-1 et
				seq.,
				30-4-1
				et seq. and/or 30-4A-1 et seq., is entitled to a hearing on the action denying
				or suspending such license and/or permit.
6.2. Any person who desires a hearing for the
				reason described in subsection 6.1 of this section must present a written
				demand for a hearing to the Board.
6.3. A hearing will be scheduled within sixty
				(60) days of receipt of the written demand. The hearing may be postponed to a
				later date by mutual agreement.
6.4. Charges may be instituted against any
				licensee or permittee by the Board when probable cause exists for believing
				that the licensee or permittee may have engaged in conduct, practices or acts
				in such condition that his or her license should be suspended, revoked or
				otherwise disciplined for one or more of the grounds set forth in W. Va. Code
				§§
									30-1-1 et
				seq.,
				30-4-1
				et seq.,
				30-4A-1
				et seq. or the Board's legislative rules.
Charges may be based upon information received by way of a
				  written complaint filed with the Board and any information gathered by the
				  Board in the process of investigating a complaint. Charges may also be based
				  upon information obtained solely through investigative activities undertaken by
				  the Board.
6.5. A complaint
				and notice of hearing containing the written charges filed against a licensee
				or permittee must be sent to the licensee or permittee at least 30 days prior
				to the date of the hearing.
6.5.1. The Board
				is designated as the "Complainant" in the complaint and notice of
				hearing.
6.5.2. The licensee or
				permittee is designated as the "Respondent" in the complaint and notice of
				hearing.
6.5.3. The complaint and
				notice of hearing must clearly state the substance of each offense, act or
				failure to act in sufficient detail to advise the Respondent of the charges or
				complaint against him or her. This may include, but is not limited to, the time
				and place the act or failure to act occurred and the law or rule that was
				violated.
6.5.4. The complaint and
				notice of hearing must give the date, time and place for the hearing.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-04 - Contested Case Hearing Procedures › Section 5-4-7 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence will be reported by
				stenographic notes and characters or by mechanical means.
7.2. All reported materials will be
				transcribed. The Board has the responsibility to make arrangements for the
				transcription of the reported testimony and evidence.
7.3. 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 will settle all differences arising as to whether the
				transcript truly discloses what occurred at the hearing and will require the
				transcript be corrected and/or revised as appropriate so as to make it conform
				to the truth.
7.4. A transcript of
				the hearing will 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 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-04 - Contested Case Hearing Procedures › Section 5-4-8 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. 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 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-04 - Contested Case Hearing Procedures › Section 5-4-9 - 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 this rule
				must be made pursuant to the provisions of W. Va. Code §§
									29A-5-3 and
				30-1-8.
				All final orders must be entered within sixty (60) days following the
				submission of all documents and materials necessary for the proper disposition
				of the case, including transcripts, and must 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 must 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 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-04 - Contested Case Hearing Procedures › Section 5-4-10 - 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 W. Va. Code §§
									29A-6-1
				et seq. and 30-1-9.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-05 - Disciplinary And Complaint Procedures › Section 5-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies procedure for the investigation and resolution of complaints
				against dentists and dental hygienists.
1.2. Authority. -- W. Va. Code §
									30-1-8.
1.3. Filing Date. -- April 27,
				2007.
1.4. Effective Date. -- June
				1, 2007.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-05 - Disciplinary And Complaint Procedures › Section 5-5-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all licensed and/or permitted dentists
				  and dental hygienists.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-05 - Disciplinary And Complaint Procedures › Section 5-5-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the
				  following meanings, unless the context otherwise requires:
3.1. "Applicant" means any person making
				application for an original or renewal license and/or a permit pursuant to W.
				Va. Code §§
									30-4-1
				et seq. and 30-4A-1 et seq.
3.2.
				"Board" means the West Virginia Board of Dental Examiners.
3.3. "Complainant" means the person making a
				complaint.
3.4. "License" means a
				license or permit issued by the Board pursuant to W. Va. Code §§
									30-4-1
				et seq. and 30-4A-1 et seq.
3.5.
				"Dentist" means a person who practices dentistry as defined in W. Va. Code
				§
									30-4-1
				et seq.
3.6. "Dental Hygienist"
				means a person who practices dental hygiene as defined in W. Va. Code §
									30-4-1
				et seq.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-05 - Disciplinary And Complaint Procedures › Section 5-5-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses and/or Permit of Dentists or Dental Hygienists

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may deny an application for license and/or permit,
				  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 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 §§
									30-1-1 et
				  seq.,
				  30-4-1
				  et seq.,
				  30-4A-1
				  et seq. and/or the rules of the Board.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-05 - Disciplinary And Complaint Procedures › Section 5-5-5 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				person, firm, corporation, member of the Board, or public officer may make a
				complaint to the Board which charges a dentist or dental hygienist or applicant
				with a violation of W. Va. Code §§
									30-1-1 et
				seq.,
				30-4-1
				et seq.,
				30-4A-1
				et seq. and/or of the rules of the Board. The Board may provide a form for
				filing a complaint, 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 dentist or dental hygienist against whom the
				complaint is lodged;
5.1.2. The
				date of treatment;
5.1.3. The name
				of any person who may have treated the patient after the alleged incident;
				and,
5.1.4. The name of any health
				care institution in which the patient may have been an inpatient or outpatient
				after or during the alleged incident.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-05 - Disciplinary And Complaint Procedures › Section 5-5-6 - Contested Case Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Board may refuse to renew a license or may suspend a current license if it
				determines there is probable cause to believe that a dentist or dental
				hygienist's conduct, practices or acts constitute an immediate danger to the
				public.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-05 - Disciplinary And Complaint Procedures › Section 5-5-7 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any applicant
				who has had his or her application for a license denied by order of the Board
				may appeal the order within thirty (30) days of that action in accordance with
				the contested case hearing procedures set forth in W. Va. Code §§
									29A-6-1
				et seq.,
				30-1-9
				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 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-06 - Formation and Approval of Dental Corporations and Dental Practice Ownership › Section 5-6-1 - 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 dental
				corporations for dentists and ownership of dental practices.
1.2. Authority. -- W. Va. Code §
									30-4-6.
1.3. Filing Date. -- May 2, 2022
1.4. Effective Date. -- July 1,
				2022
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2032.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-06 - Formation and Approval of Dental Corporations and Dental Practice Ownership › Section 5-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Dental
				Corporation - a company organized under W. Va. Code §
									30-4-16
				for the purpose of rendering dental services.
2.2. Dental services. - The services rendered
				under W. Va. Code §
									30-4-1
				et seq., by dentists.
2.3. Dentist
				- a person licensed to practice dentistry under this article.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-06 - Formation and Approval of Dental Corporations and Dental Practice Ownership › Section 5-6-3 - Procedures for Formation and Approval of Dental Corporations for Dentists; Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Dentists
				who desire to render dental services as a corporation shall comply with the
				provisions of W. Va. Code §
									30-4-1
				et seq and apply to the Board for a certificate of authorization. A dental
				corporation may not have as a shareholder anyone other than a person who is
				duly licensed by the Board or otherwise legally authorized to render the dental
				services for which the corporation was organized.
3.2. The name of a dental corporation shall
				contain the words "Corporation," "professional corporation", "company,"
				"incorporated," or "limited" or an abbreviation of one of those
				words.
3.3. The name of a dental
				corporation shall comply with the rules concerning the practice of dentistry
				under a trade name.
3.4. Every
				corporation shall file with the Board, at the time of formation, the names of
				every shareholder of the corporation together with an initial filing fee as set
				forth in the Board's rule. Fees Established by the Board, 5CSR3, and on an
				annual basis thereafter on or before the thirtieth day of June, every
				corporation shall file with the Board the names of every shareholder of the
				corporation together with an annual renewal fee as set forth in the Board's
				rule, Fees Established by the Board, 5CSR3.
3.5. Every dental corporation shall file with
				the Board a copy of the annual report required to be filed with the Secretary
				of State under W. Va. Code §
									59-1-2a
				on or before the thirtieth day of June on an annual basis.
3.6. Every dental corporation in compliance
				with all the provisions of this rule shall be approved by the Board.
3.7. If any person ceases to be a shareholder
				of any dental corporation, that person shall notify the Board in writing within
				twenty days from the date that he or she ceased to be a shareholder of the
				corporation. The fact that a person ceases to be a shareholder of a corporation
				may not affect the approval of the dental corporation by the Board, if the
				Board determines that the corporation remains in compliance with all the
				provision of this rule.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-06 - Formation and Approval of Dental Corporations and Dental Practice Ownership › Section 5-6-4 - Approval and Authorization of Change of Name

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any dental corporation seeking a name
				change shall submit a written request to the Board, along with the appropriate
				amending documents for approval, and appropriate fee as set forth by the
				Board's rule. Fees Established by the Board, 5CSR3. Once approved the Board
				shall send an authorization for the name change to the Secretary of
				State.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-06 - Formation and Approval of Dental Corporations and Dental Practice Ownership › Section 5-6-5 - Notification of Non-compliance, Cessation of Rendering Dental Services

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If the Board
				determines that a dental corporation is not in compliance with all the
				provisions of W. Va. Code §
									30-4-1
				et. seq., and this rule, the Board shall notify the corporation in writing, and
				upon receipt of the written notice, the corporation shall cease rendering
				dental services in the State.
5.2.
				Once the Board determines a dental corporation is not in compliance and/or that
				its certificate of authorization is expired 60 days or more, the Board shall
				notify the Secretary of State that the corporation's certificate of
				authorization is no longer valid.
5.3. A dental corporation whose certificate
				is expired for 60 days or more may submit an application to reinstate its
				certificate of authorization on an application prescribed by the Board. The fee
				shall be in the amount of the renewal fee plus any applicable late fees as set
				forth in the Board's rule. Fees Established by the Board, 5CSR3.
5.4. The Board may approve an application to
				reinstate a certificate of authorization if the corporation comes into
				compliance with the Board's statutes and rules and with the Secretary of
				State's Office. The Board shall notify the Secretary of State of the
				reinstatement of a certificate of authorization.
5.5. If the dental corporation fails to
				adhere to the Board's statutes and rules concerning dental corporations the
				Board may file a complaint and take possible disciplinary actions against the
				corporation and/or its licensee shareholders.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-06 - Formation and Approval of Dental Corporations and Dental Practice Ownership › Section 5-6-6 - Dentist - Patient Relationship

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The provisions of this rule may not be construed to alter or affect the dentist
				- patient relationship.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-06 - Formation and Approval of Dental Corporations and Dental Practice Ownership › Section 5-6-7 - Dental Practice Ownership

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Except
				for the following entities, only a dentist may own a dental practice in the
				State;
7.1.a. Health departments or clinics
				of the State or local government agencies;
7.1.b. Non-profit or charitable
				organizations;
7.1.c. Community
				health centers;
7.1.d. Hospitals;
				and
7.1.e. Institutions or programs
				accredited by the Commission on Dental Accreditation of the American Dental
				Association to provide education and training.
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-06 - Formation and Approval of Dental Corporations and Dental Practice Ownership › Section 5-6-8 - Deceased or Incapacitated Dentists

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In the event that a dentist is deceased
				or becomes incapacitated, the estate or agent of the dentist may employ another
				dentist or dentists, for a period not to exceed twenty-four months, to provide
				services to patients until the practice can be sold or otherwise disposed of or
				closed.