reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-03 - Contested Case Hearing Procedure › Section 24-3-9 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Subpoenas to
				compel the attendance of witnesses and subpoenas duces tecum to compel the
				production of documents may be issued by the Board, its Executive Secretary,
				its Assistant Executive Secretary, and by the hearing examiner appointed by the
				Board. Such subpoenas shall be issued pursuant to W. Va. Code
				29A-5-1(b).
9.2. Written requests by a party for the
				issuance of subpoenas or subpoenas duces tecum as provided in subsection 9.1 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 or subpoenas
				duces tecum shall see that they are properly served in accordance with W. Va.
				Code '29A-5-1(b).
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-03 - Contested Case Hearing Procedure › Section 24-3-10 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any final
				order entered by the Board following a hearing conducted pursuant to these
				rules shall be made pursuant to the provisions of W. Va. Code ''29A-5-3 and
				30-1-8(d). 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.
10.2.
				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 attorney of record, if
				any, within five (5) days after entry by the Board by personal service or by
				registered or certified mail.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-03 - Contested Case Hearing Procedure › Section 24-3-11 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. An appeal
				from any final order entered in accordance with these rules shall comply with
				the provisions of W. Va. Code '30-1-9.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-03 - Contested Case Hearing Procedure › Section 24-3-12 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. If any
				provision of this rule or the application thereof to any person or circumstance
				is held invalid, the invalidity shall not affect the provisions or application
				of this rule which can be given effect without the invalid provisions or
				application and to this end the provisions of this rule are declared to be
				severable.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-04 - Formation And Approval Of Professional Limited Liability Companies › Section 24-4-1 - 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 osteopathic physicians.
1.2. Authority. -- W. Va. Code §
									31B-13-1304.
1.3. Filing Date. -- April 27,
				2010.
1.4. Effective Date. -- April
				27, 2010.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-04 - Formation And Approval Of Professional Limited Liability Companies › Section 24-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Board. -- The
				West Virginia Board of Osteopathy, established in W. Va. Code §
									30-14-3.
2.2. Professional limited liability company.
				-- A limited liability company organized under the provisions of W. Va. Code
				§31B, for the purpose of rendering a professional service.
2.3. Professional services. -- The services
				rendered under W. Va. Code §
									30-14-1 et seq.,
				by osteopathic physicians.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-04 - Formation And Approval Of Professional Limited Liability Companies › Section 24-4-3 - Procedures for Formation and Approval of Professional Limited Liability Companies for Osteopathic Physicians; Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Osteopathic physicians licensed to
				practice medicine and surgery in an active status in this State who desire to
				render medical professional services as a limited liability company shall
				comply with the provisions of W. Va. Code § 31B-13-1 et seq. No
				professional limited liability company shall have as a member anyone other than
				a person who is duly licensed or otherwise legally authorized to render the
				professional services for which the professional limited liability company was
				organized.
3.2. The name of a
				professional limited liability company shall contain the words "professional
				limited liability company" or the abbreviation "P.L.L.C." or "Professional
				L.L.C."
3.3. Every professional
				limited liability company shall file with the Board at the time of formation,
				and on an annual basis on or before the first day of July, the names of its
				members, and written documentation that the professional limited liability
				company carries at least one million dollars of professional liability
				insurance, along with the fee specified in the schedule of fees established in
				the Board's legislative rule, Fees For Services Rendered By The Board of
				Osteopathy, 24CSR5.
3.3.a. The requirement of
				carrying one million dollars of professional liability insurance is satisfied
				if the professional limited liability company provides one million dollars of
				funds specifically designated and segregated for the satisfaction of judgements
				against the company members or any of its professional or nonprofessional
				services to patients or clients of the company, by:
3.3.a.1. Deposit in trust or in bank escrow
				of cash, a bank certificate of deposit or United States treasury obligations;
				or
3.3.a.2. A bank letter of credit
				or insurance company bond.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-04 - Formation And Approval Of Professional Limited Liability Companies › Section 24-4-4 - Notification of Non-compliance, Cessation of Rendering Professional Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Should the
				Board determine 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 so notify the professional
				limited liability company in writing, and upon receipt of such written notice,
				said professional limited liability company shall cease rendering professional
				services in the State.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-04 - Formation And Approval Of Professional Limited Liability Companies › Section 24-4-5 - Physician-Patient Relationship

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The provisions of this rule shall not be
				construed to alter or affect the physician-patient relationship.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-06 - Disciplinary And Complaint Procedures › Section 24-6-1 - 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 osteopathic physicians, osteopathic physician assistants and
				osteopathic medical graduates.
1.2.
				Authority. -- W. Va. Code ''30-14-1 et seq. and 30-1-1 et seq.
1.3. Filing Date. -- January 8,
				2001.
1.4. Effective Date. -- March
				1, 2001.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-06 - Disciplinary And Complaint Procedures › Section 24-6-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all licensed osteopathic physicians,
				  osteopathic physician assistants and osteopathic medical
				  graduates.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-06 - Disciplinary And Complaint Procedures › Section 24-6-3 - 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 or a temporary permit pursuant
				to W. Va. Code '30-14-1 et
				seq.
3.2. "Board" means the West
				Virginia Board of Osteopathy.
3.3.
				"A License" means a license issued by the Board pursuant to W. Va. Code
				'30-14-1 et
				seq.
3.4. "Training permit" means
				an educational training permit for trainees issued by the Board pursuant to W.
				Va. Code '30-14-1 et
				seq.
3.5. "Osteopathic physician"
				means a person who practices medicine. Osteopathic physician assistants are
				defined in W. Va. Code '30-14A.1. "Trainee" means a person who is an
				osteopathic medical graduate in training who holds an educational training
				permit.
3.5.1. "Licensee" means osteopathic
				physician, osteopathic physician assistant or trainee.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-06 - Disciplinary And Complaint Procedures › Section 24-6-4 - Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses or Training Permits

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 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 '30-14-1 et seq.
				or the rules of the Board.
4.2.
				When the Board finds that any applicant is unqualified to be granted a license
				or finds that any licensee should be disciplined pursuant to the W. Va. Code
				''30-14-3 or
				30-14A-1 or
				rules of the Board, the Board may take any one or more of the following
				actions:
4.2.1. Refuse to grant a license to
				an applicant;
4.2.2. Administer a
				public reprimand;
4.2.3. Suspend,
				limit or restrict any license for a definite period, not to exceed five (5)
				years;
4.2.4. Require any licensee
				to participate in a program of education prescribed by the Board;
4.2.5. Revoke any license;
4.2.6. Require the licensee to submit to
				care, counseling or treatment by physicians or other professional
				persons.
4.2.7. Assess a civil fine
				of between $1,000 and $10,000 and/or assess cost of the Board's investigation
				and administrative proceedings against the licensee;
4.2.8. Require him or her to practice under
				the direction or supervision of another practitioner; or
4.2.9. Require the licensee to provide a
				period of free public or charitable service.
4.2.10. In addition to and in conjunction
				with the foregoing actions, the Board may make a finding adverse to the
				licensee or applicant, but withhold imposition of judgement and penalty, or it
				may impose the judgement and penalty but suspend enforcement thereof and place
				the physician on probation, which probation may be vacated upon noncompliance
				with such reasonable terms as the Board may impose. In its discretion, the
				Board may restore and reissue a license to practice osteopathic medicine issued
				under the W. Va. Code '30-14A-1, et seq., or
				any antecedent law, and as a condition of reinstatement, it may impose any
				disciplinary or corrective measure provided for in this rule or in the W. Va.
				Code '30-14A-1, et seq.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-06 - Disciplinary And Complaint Procedures › Section 24-6-5 - Disposition of Reports and Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any person, medical peer review
				committee, firm, corporation, member of the Board, or public officer may make a
				complaint to the Board which charges an osteopathic physician, osteopathic
				physician assistant, trainee, or applicant with a violation of W. Va. Code
				'30-14-1 et seq.
				or of the rules of the Board. The Board will 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 individual(s), against whom the complaint is lodged;
5.1.2. The date of care;
5.1.3. The name(s) of any person(s) 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 was an inpatient or outpatient after or during
				the alleged incident.
5.1.5. A
				signed medical records release authorization form that has been notarized and
				signed by the patient, power of attorney, or legal guardian of the patient when
				appropriate.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-06 - Disciplinary And Complaint Procedures › Section 24-6-6 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. 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-5-1
				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.
6.2. Any licensee
				practicing in this State, who has had his or her license denied, suspended,
				restricted, or revoked by order of the Board, may appeal the order within
				thirty (30) days of such action in accordance with the contested case hearing
				procedure, W. Va. Code '29A-5-1
				et seq., and rules of the Board: Provided, That the appeal shall not include
				cases in which the Board issues a license, permit 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 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-06 - Disciplinary And Complaint Procedures › Section 24-6-7 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If any
				provision of this rule or the application thereof to any person or circumstance
				is held invalid, the invalidity shall not affect the provisions or application
				of this rule which can be given effect without the invalid provisions or
				application and to this end the provisions of this rule are declared to be
				severable.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-07 - Practitioner Requirements for Controlled Substances Licensure and Accessing the West Virginia Controlled Substances Monitoring Program Database › Section 24-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule sets forth the
				requirements for licensees and registrants of the West Virginia Board of
				Osteopathic Medicine regarding controlled substances licensure and accessing
				the West Virginia Controlled Substances Monitoring Program database.
1.2. Authority. -- W. Va. Code §§
									60A-9-5a(c) and 60A-3-301.
1.3.
				Filing Date. -- April 20, 2022.
1.4. Effective Date. -- May 1,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2027.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-07 - Practitioner Requirements for Controlled Substances Licensure and Accessing the West Virginia Controlled Substances Monitoring Program Database › Section 24-7-3 - Practitioner Requirements for Obtaining and Maintaining Access to the CSMP

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A practitioner who prescribes or
				dispenses Schedule II, III, IV, or V controlled substances shall register with
				the CSMP and obtain and maintain online or other electronic access to the
				program database. Compliance with the provisions of this section must be
				accomplished within 30 days of the practitioner obtaining a new license or
				registration.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-07 - Practitioner Requirements for Controlled Substances Licensure and Accessing the West Virginia Controlled Substances Monitoring Program Database › Section 24-7-5 - Application for Registration to Dispense Controlled Substances in West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An applicant for a controlled substances
				license shall complete an application provided by the Board, which is available
				on the Board's website.
5.2. An
				application for a controlled substances license shall include the following:
5.2.a. A current copy of the applicant's
				Federal Drug Enforcement Administration Certificate of Registration for West
				Virginia.
5.2.b. Complete payment
				to the Board of the amount established by the Board under the West Virginia
				Board of Osteopathic Medicine Rule, Fees for Services Rendered by the Board of
				Osteopathic Medicine, Title 24, CSR 5. If the licensure fee is paid by personal
				check, the licensing process is not considered complete until the check has
				cleared the bank.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-07 - Practitioner Requirements for Controlled Substances Licensure and Accessing the West Virginia Controlled Substances Monitoring Program Database › Section 24-7-6 - Discipline and Administrative Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Any practitioner who fails to comply with this rule is subject to Board
				disciplinary action for failing to perform any statutory or legal obligation
				placed upon the practitioner and unprofessional, unethical and dishonorable
				conduct, pursuant to W. Va. Code §
									30-14-11, W. Va. Code §
									30-3E-17,
				and/or rules of the Board.
6.2. Any
				practitioner who fails to comply with the requirements described in W. Va. Code
				§
									60A-9-7(f) or (g) shall be subject to the respective administrative
				penalties set forth in those subsections. All fines collected pursuant to those
				subsections shall be transferred by the Board to the Fight Substance Abuse Fund
				created under W. Va. Code §
									60A-9-8.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-08 - Waiver of Initial Licensing Fees for Certain Initial Licensure Applicants › Section 24-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for waiving the initial licensing fee for
				low-income individuals and military families.
1.2. Authority. -- W. Va. Code §
									30-1-23.
1.3. Filing Date. - May 4, 2020
1.4. Effective Date. - May 4, 2020
1.5. Sunset Provision -- This rule shall
				terminate and have no further force or effect upon May 4, 2025.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-08 - Waiver of Initial Licensing Fees for Certain Initial Licensure Applicants › Section 24-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For purposes
				of this rule, the following words and terms mean:
2.1.1. "Below 130 percent of the poverty
				line" means below 130 percent of the poverty line pursuant to the most recent
				annual poverty guidelines released by the United States Department of Health
				and Human Services.
2.1.2. "Board"
				means the West Virginia Board of Osteopathic Medicine.
2.1.3. "Initial license" means the first
				license approved by the Board and issued to an applicant:
2.1.3.a. To practice medicine and
				surgery;
2.1.3.b. To practice
				podiatric medicine and surgery; or
2.1.3.c. To practice as a physician assistant
				in collaboration with physicians in West Virginia.
Initial license does not include permits to participate in
				  graduate medical training which are issued by the Board.
2.1.4. "Initial licensing fee"
				only means a fee directly assessed, collected and retained by the Board in
				connection with:
2.1.4.a. An application for
				an initial osteopathic medical license; or
2.1.4.b. An application for an initial
				physician assistant license.
This term does not include fees assessed by third parties
				  which may be necessary to obtain documentation and/or information needed to
				  complete an applicant's initial application.
2.1.5. "LIW" means the Low-Income Waiver
				application used to request a waiver of the initial licensing fee for
				low-income individuals.
2.1.6.
				"Local labor market" means every county in West Virginia, and any county
				outside of West Virginia if any portion of that county is within fifty miles of
				the border of West Virginia, pursuant to W.Va. Code §
										21-1C-2.
2.1.7. "Low-income individual" means an
				individual who resides in the local labor market whose household adjusted gross
				income is below 130 percent of the federal poverty line. This term also
				includes any person enrolled in the Temporary Assistance for Needy Families
				Program (TANF), Medicaid, the Supplemental Nutrition Assistance Program (SNAP)
				or other state or federal public assistance program with substantially
				equivalent low-income eligibility requirements.
2.1.8. "Military family" means any person who
				serves as an active member of the armed forces of the United States, the
				National Guard, or a reserve component as described in
				38
				U.S.C. §
											101, honorably discharged
				veterans of those forces, and their spouses. This term also includes surviving
				spouses of deceased service members who have not remarried.
2.1.9. "MFW" means the Military Family Waiver
				application used to request a waiver of the initial licensing fee for military
				service members and eligible spouses.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-08 - Waiver of Initial Licensing Fees for Certain Initial Licensure Applicants › Section 24-8-3 - Application for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An individual applying for an initial
				license who seeks a waiver of the initial licensing fee pursuant to the
				low-income or military family waiver shall apply to the Board on the
				appropriate fee waiver application and provide all required documentation and
				information as required by this rule. The fee waiver application form can be
				found on the Board's website.
3.2.
				The Board shall provide the LIW and MFW initial licensing fee waiver
				applications and instructions on what documentation is necessary to submit when
				an individual is seeking the low-income or military family initial licensing
				fee waiver.
3.3. The Board shall
				process the initial licensing fee waiver application and notify the individual
				whether he or she meets the eligibility requirements for an initial licensing
				fee waiver within thirty days of receipt of all required information and
				documentation. The thirty-day processing period shall not commence until the
				Board has received a completed LIW or MFW application and the individual has
				provided all required documentation and information needed to process the
				request.
3.4. Approval of the
				initial licensing fee waiver for an individual does not entitle the individual
				to receive a West Virginia license. An individual granted an initial licensing
				fee waiver must still apply for licensure and meet the qualifications and
				criteria for licensure as set forth in W. Va. Code §
									30-3-1,
et seq
., or W. Va. Code §
									30-3E-1,
et seq
., and the Board's corresponding legislative rules as
				set forth in 24CSR1,
et seq
., or 24CSR2,
et
				seq
.
3.5. An applicant who
				receives an initial licensing fee waiver pursuant to this rule must apply for a
				license no later than sixty days after the initial licensing fee waiver is
				granted or the waiver shall expire.
3.6. An applicant shall only be eligible for
				one initial licensing fee waiver from the Board.
3.7. The Board shall deny an application for
				an initial licensing fee waiver if the applicant:
3.7.1. Has previously held a license in this
				state for the same occupation;
3.7.2. Does not meet the eligibility criteria
				for a low-income or military family waiver;
3.7.3. Submits false or fraudulent
				information in association with the initial licensing fee waiver application;
				or
3.7.4. Has previously received
				an initial licensing fee waiver from the Board for the same
				occupation.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-08 - Waiver of Initial Licensing Fees for Certain Initial Licensure Applicants › Section 24-8-4 - Required Documentation for a Waiver of Initial Licensing Fees for Low-Income Individuals

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An individual requesting a waiver of the
				initial licensing fee as a low-income individual shall submit a completed LIW
				application and all appropriate documentation and information specified in this
				section.
4.2. To establish
				eligibility for a waiver of an initial licensing fee based upon low-income, the
				applicant must either:
4.2.1. Be in the local
				labor market and submit the appropriate Federal Income Tax returns for the
				preceding year which verifies that the applicant has a household adjusted gross
				income below 130 percent of the federal poverty line; or
4.2.2. Submit certified documents or other
				documents satisfactory to the Board which verifies that the individual is
				enrolled in the Temporary Assistance for Needy Families Program (TANF),
				Medicaid, the Supplemental Nutrition Assistance Program (SNAP) or other state
				or federal public assistance program with substantially equivalent low-income
				eligibility requirements.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-08 - Waiver of Initial Licensing Fees for Certain Initial Licensure Applicants › Section 24-8-5 - Required Documentation for a Waiver of Initial Licensing Fees for Military Families

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An individual requesting a military
				family waiver of the initial licensing fee shall submit a completed MFW
				application and all appropriate documentation and information specified in this
				section.
5.2. To establish
				eligibility for a military family waiver of the initial licensing fee, an
				individual shall submit the following documentation to the Board:
5.2.1. If the applicant is the service
				member, the applicant's DD-214 form, NGB-22 form or a copy of the applicant's
				current military orders.
5.2.2. If
				the applicant is the spouse of a service member, the applicant must submit:
5.2.2.a. The service member's DD-214 form,
				NGB-22 form or a copy of the service member's current military orders;
				and
5.2.2.b. A copy of the
				certificate of marriage between the applicant and the service member.
5.2.3. If the applicant is the
				surviving spouse of a service member and has not remarried, the applicant must
				submit:
5.2.3.a. The decedent service member's
				DD-1300 form, or a certified copy of the death certificate for the decedent
				service member plus the decedent service member's DD-214 form or NGB-22
				form;
5.2.3.b. A copy of the
				certificate of marriage between the applicant and the decedent service member;
				and
5.2.3.c. A notarized affidavit
				from the applicant verifying that the applicant has not remarried.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-09 - Emergency Temporary Permits to Practice During States of Emergency or States of Preparedness › Section 24-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- The
				purpose of this rule is to allow the West Virginia Board of Osteopathic
				Medicine to provide a rapid response to health care and medical needs as a
				result of disasters or emergencies. In the event the Governor of the State of
				West Virginia proclaims a State of Emergency or State of Preparedness pursuant
				to W. Va. Code §
									15-5-6, the Governor may temporarily suspend regulatory
				statutes and rules of agencies if strict compliance therewith would in any way
				prevent, hinder or delay necessary action in coping with the emergency. As set
				forth below and when authorized by a lawful State of Emergency or State of
				Preparedness proclamation, the Board may waive requirements for licensure and
				issue emergency temporary permits to allow physicians and physician assistants
				to assist in addressing the disaster or emergency.
1.2. Authority -- W. Va. Code §
									30-14-14
				and W. Va. Code §
									30-3E-3.
1.3. Filing Date -- April 6, 2021.
1.4. Effective Date -- April 6, 2021.
1.5. Sunset Provision - This rule
				shall terminate and have no further force or effect upon April 6, 2026.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-09 - Emergency Temporary Permits to Practice During States of Emergency or States of Preparedness › Section 24-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For purposes
				of this rule, the following words and terms mean the following:
2.1.a. "Board" means the West Virginia Board
				of Osteopathic Medicine.
2.1.b.
				"Emergency temporary permit" means a temporary authorization by the Board
				allowing certain physicians and physician assistants to practice in West
				Virginia during a State of Emergency or State of Preparedness.
2.1.c. "State of Emergency" means a
				proclamation by the Governor of the State of West Virginia that a State of
				Emergency exists as set forth in W. Va. Code §
										15-5-6.
2.1.d. "State of Preparedness" means a
				proclamation by the Governor of the State of West Virginia that a State of
				Preparedness exists as set forth in W. Va. Code §
										15-5-6.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-09 - Emergency Temporary Permits to Practice During States of Emergency or States of Preparedness › Section 24-9-3 - Physician Practice and Emergency Temporary Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A physician who has no pending
				complaints, investigations, consent orders, board orders, or pending
				disciplinary proceedings and who possesses a valid, unrestricted license to
				practice osteopathic medicine and surgery in another state, territory, or
				district of the United States may qualify for an emergency temporary permit
				upon the following conditions being met:
3.1.a. The applicant must complete an
				application approved by the Board, which is available on the Board's website
				at:
https://www.wvbdosteo.org/licensing/do/apply/temp/
; and
3.1.b. The Board shall verify that the
				physician holds a full, unlimited, and unrestricted license to practice
				osteopathic medicine and surgery in another state, territory, or district of
				the United States.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-09 - Emergency Temporary Permits to Practice During States of Emergency or States of Preparedness › Section 24-9-4 - Physician Assistant Practice and Emergency Temporary Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A physician
				assistant who has no pending complaints, investigations, consent orders, board
				orders, or pending disciplinary proceedings and who possesses a valid,
				unrestricted license to practice as a physician assistant in another state,
				territory, or district of the United States may qualify for an emergency
				temporary permit upon the following conditions being met:
4.1.a. The applicant must complete an
				application approved by the Board, which is available on the Board's website
				at:
https://www.wvbdosteo.org/licensing/pa/apply/temp/
;
				and
4.1.b. The Board shall verify
				that the physician assistant holds a full, unlimited, and unrestricted license
				to practice in another state, territory, or district of the United States.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-09 - Emergency Temporary Permits to Practice During States of Emergency or States of Preparedness › Section 24-9-5 - Practice and Emergency Temporary Permits for Physicians and Physician Assistants with Inactive West Virginia Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Physicians and physician assistants who,
				at one time, possessed a license issued by the Board which was not revoked, but
				who are now retired or in inactive status, may qualify for an emergency
				temporary permit upon the following conditions being met:
5.1.a. The applicant must complete an
				application approved by the Board. The application for physicians is available
				on the Board's website at:
https://www.wvbdosteo.org/licensing/do/apply/temp/
.
				The application for physician assistants is available on the Board's website
				at:
https://www.wvbdosteo.org/licensing/pa/apply/temp/
;
5.1.b. The Board shall verify that
				the applicant at one time had a full and unrestricted license issued in West
				Virginia by the Board;
5.1.c. The
				applicant must certify that he or she has practiced clinical medicine within
				the past five years;
5.1.d. The
				applicant must have maintained an active and unrestricted license continuously
				for the five-year period prior to going inactive; and
5.1.e. The applicant shall not have received
				any public discipline or inactivated his or her license while under
				investigation with such inactivation being reported to the National
				Practitioner Data Bank.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-09 - Emergency Temporary Permits to Practice During States of Emergency or States of Preparedness › Section 24-9-6 - Professional Conduct, Practice Agreements and Notifications, Denial or Revocation of Emergency Temporary Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All physicians and physician assistants
				who practice under this rule are required to meet the professional conduct
				standards and requirements required of licensed physicians and licensed
				physician assistants in West Virginia.
6.2. All physician assistants who practice
				under this rule must practice pursuant to an authorized Practice Agreement or
				active Practice Notification pursuant to W. Va. Code §
									30-3E-1 et seq. and
				all applicable legislative rules.
6.3. The Board shall deny an emergency
				temporary permit to any physician or physician assistant who is ineligible
				based upon the criteria set forth in this rule or additional criteria
				established by the Governor during the State of Emergency or State of
				Preparedness.
6.4. The Board may
				revoke an emergency temporary permit granted pursuant to this rule for conduct
				that is equivalent to any of the grounds cited for the discipline in W. Va.
				Code §
									30-14-11, W. Va. Code §
									30-3E-17(b), section 18 of the Board's
				rule 24 CSR 1, and/or section 21 of the Board's rule 24 CSR 2. The Board may
				also report or refer any complaint or allegation of professional misconduct to
				a physician or physician assistant's out-of-state licensing board.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-10 - Telehealth Practice and Interstate Telehealth Registration for Osteopathic Physicians and Physician Assistants › Section 24-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes the
				scope of practice for the provision of medical services via telehealth
				technologies and the process for osteopathic physicians and physician
				assistants to obtain an interstate telehealth registration with the
				Board.
1.2. Authority. -- W. Va.
				Code § 30-1-26(b).
1.3. Filing
				Date. -- April 20, 2022.
1.4.
				Effective Date. -- May 1, 2022.
1.5. Sunset Provision -- This rule shall
				terminate and have no further force or effect upon August 1, 2027.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-10 - Telehealth Practice and Interstate Telehealth Registration for Osteopathic Physicians and Physician Assistants › Section 24-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the West Virginia Board of
				Osteopathic Medicine established in W. Va. Code §
									30-14-1
et
				seq
.
2.2. "CSL" means
				controlled substances license, which is a registration to dispense controlled
				substances in the state of West Virginia issued by the West Virginia Board of
				Osteopathic Medicine.
2.3.
				"Controlled substance" means a drug that is classified by federal or state law
				in Schedules I, II, III, IV or V, as defined in W. Va. Code Chapter 60A,
				Article 2.
2.4. "CSMP" means the
				West Virginia Controlled Substances Monitoring Program repository and
				database.
2.5. "Distant site" means
				the telehealth site where the health care practitioner is seeing the patient at
				a distance or consulting with a patient's health care practitioner.
2.6. "Emergency temporary permit" means a
				temporary authorization by the Board pursuant to 24 CSR 9 allowing certain
				physicians and physician assistants to practice in West Virginia during a State
				of Emergency or State of Preparedness.
2.7. "Established patient" means a patient
				who has received professional services, face-to-face, from the physician,
				qualified health care professional, or another physician or qualified health
				care professional of the exact same specialty and subspecialty who belongs to
				the same group practice, within the past three years.
2.8. "Good standing" means a license that:
2.8.1. Is not currently revoked, suspended,
				or subject to a probationary period or a practice restriction or
				limitation;
2.8.2. Was not
				surrendered while under or to avoid an investigation or disciplinary action;
				or
2.8.3. Was not revoked,
				suspended, or subject to a probationary period or a practice restriction or
				limitation at the time the license expired, lapsed, terminated, or was
				cancelled.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-10 - Telehealth Practice and Interstate Telehealth Registration for Osteopathic Physicians and Physician Assistants › Section 24-10-3 - Telehealth Practice Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				practice of medicine occurs where the patient is located at the time health
				services, including telehealth services, are provided.
3.2. A health care practitioner may not
				provide telehealth services to patients in West Virginia unless the
				practitioner is:
3.2.1. Licensed by the
				Board;
3.2.2. Registered with the
				Board pursuant to this rule; or
3.2.3. Authorized by the Board to practice
				under an emergency temporary permit pursuant to 24 CSR 9 during a declared
				state of emergency or state of preparedness.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-10 - Telehealth Practice and Interstate Telehealth Registration for Osteopathic Physicians and Physician Assistants › Section 24-10-4 - Interstate Telehealth Registration Eligibility; Invalidation and Reinstatement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Health care
				practitioners who are not licensed in West Virginia may only provide telehealth
				services pursuant to this rule if the practitioner is eligible for an
				interstate telehealth registration.
4.2. A health care practitioner is eligible
				for an interstate telehealth registration issued by the Board if all of the
				following requirements are continuously met:
4.2.1. The practitioner holds a valid, active
				medical license issued by another state licensing authority or board;
4.2.2. The practitioner is licensed in good
				standing in all states in which the practitioner is licensed;
4.2.3. The practitioner is not the subject of
				an administrative complaint which is currently pending before another state
				licensing authority or board; and
4.2.4. The practitioner is not currently
				under investigation by another state licensing authority or board.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-10 - Telehealth Practice and Interstate Telehealth Registration for Osteopathic Physicians and Physician Assistants › Section 24-10-5 - Interstate Telehealth Registration Application, Renewal and Expiration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An eligible health care practitioner who
				is not licensed in West Virginia may apply for an interstate telehealth
				registration with the Board.
5.2.
				The Board shall issue an interstate telehealth registration to a health care
				practitioner who:
5.2.1. Meets all
				eligibility requirements for an interstate telehealth registration set forth
				above in section 4 of this rule; and
5.2.2. Submits a complete application for an
				interstate telehealth registration, including all required documentation and
				verifications, which is accompanied by the appropriate fee.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-10 - Telehealth Practice and Interstate Telehealth Registration for Osteopathic Physicians and Physician Assistants › Section 24-10-6 - Establishment of the Provider-Patient Relationship

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Among other ways, a provider-patient
				relationship is formed when a provider serves a patient's medical needs,
				examines, diagnoses or treats a patient, or agrees to examine, diagnose or
				treat a patient.
6.2. A
				provider-patient relationship may be established through:
6.2.1. An in-person patient
				encounter;
6.2.2. Store and forward
				telemedicine or other similar technologies for the practice of pathology and
				radiology;
6.2.3. Telemedicine
				technologies which incorporate interactive audio using store and forward
				technology, real-time videoconferencing, or similar secure video services
				during the initial provider-patient encounter; or
6.2.4. Audio-only calls or conversations that
				occur in real time.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-10 - Telehealth Practice and Interstate Telehealth Registration for Osteopathic Physicians and Physician Assistants › Section 24-10-7 - Standard of Care, Delivery of Telehealth Services and Medical Records

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A telehealth provider has the duty to
				practice in a manner consistent with:
7.1.1.
				The provider's scope of practice;
7.1.2. The professional conduct standards
				established in this state for the provider's profession; and
7.1.3. The standard of care applicable to the
				provider's practice.