West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-01 - Licensure and Renewal Requirements › Section 31-1-9 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Dietitians

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board may deny an application for
				license or a provisional permit, place a licensee on probation, suspend a
				license or provisional permit, limit or restrict a license or provisional
				permit or revoke any license or provisional permit issued by the Board, upon
				satisfactory proof that the licensee has:
9.1.1. Knowingly made, or presented or caused
				to be made or presented, any false, fraudulent or forged statement, writing,
				certificate, diploma or other material in connection with an application for a
				license;
9.1.2. Been or is involved
				in fraud, forgery, deception, collusion or conspiracy in connection with an
				examination for a license;
9.1.3.
				Become addicted to a controlled substance;
9.1.4. Become a chronic or persistent
				alcoholic;
9.1.5. Engaged in
				dishonorable, unethical or unprofessional conduct of a character likely to
				deceive, defraud or harm the public or member of the public;
9.1.6. Willfully violated a confidential
				communication with a client or patient;
9.1.7. Demonstrated a lack of professional
				competence to practice medical nutrition therapy or other nutrition or
				dietetic-related services with a reasonable degree of skill and safety for
				patients;
9.1.8. Been convicted of
				or found guilty of a crime in any jurisdiction which directly relates to the
				practice of medical nutrition therapy or other nutrition or dietetic-related
				services. A plea of nolo contendere may be considered conviction for the
				purposes of this rule;
9.1.9.
				Failed to report to the Board any person whom the licensee knows is in
				violation of this rule or of provisions of article thirty-five of chapter
				thirty of the West Virginia code;
9.1.10. Aided, assisted, procured or advised
				any unlicensed person to practice as a licensed dietitian contrary to this rule
				or provisions of article thirty-five of chapter thirty of the West Virginia
				code;
9.1.11. Failed to perform any
				statutory or legal obligation placed upon a licensed dietitian;
9.1.12. Made or filed a report which the
				licensee knows to be false, or intentionally or negligently failed to file a
				report or record required by state or federal law;
9.1.13. Paid or received any commission,
				bonus, rebate or other financial incentive, or engaged in any split-fee
				arrangement with any organization, agency or person, for referring patients to
				providers of health care goods and services, including, but not limited to,
				hospitals, nursing homes, clinical laboratories, renal dialysis facilities or
				pharmacies;
9.1.14. Exercised
				influence on a patient or client for purposes of exploiting for financial gain
				or engaging in sexual activity;
9.1.15. Failed to keep written records
				justifying the course of treatment of the patient, including, but not limited
				to, patient histories, examination results and treatment;
9.1.16. Engaged in false or deceptive
				advertising; advertised, practiced or attempted to practice under a name other
				than his or her own; charged or collected any fee for any type of services
				rendered within forty-eight (48) hours of the initial visit, if the licensee
				advertised free consultation or treatment;
9.1.17. Charged an excessive or
				unconscionable fee. If the Board finds that an excessive or unconscionable fee
				has been charged and collected, the Board may require the licensee to reduce or
				reimburse the fee. Factors to be considered in determining the reasonableness
				of a fee include the following:
9.1.17.1. The
				time and effort required;
9.1.17.2.
				The novelty and difficulty of the procedure or treatment;
9.1.17.3. The skill required to perform the
				procedure or treatment properly;
9.1.17.4. Any requirements or conditions
				imposed by the patient or circumstances;
9.1.17.5. The nature and length of the
				professional relationship with the patient;
9.1.17.6. The experience, reputation and
				ability of the licensee; and
9.1.17.7. The nature of the circumstances
				under which the services are provided.