reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-11 - Educational Documentation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				The Board or Executive Director shall review each applicant's required
				documentation and the application form before it issues a license, pursuant to
				W. Va. Code §
									30-36-12.
11.2. For applicants who don't meet the
				requirements of Section 5.5. of this rule the Board shall give public notice of
				the times and locations of where the oral examination shall be held for an
				apprenticeship applicant.
11.3.
				Languages. -- If required, the Board shall administer the oral examination in
				English.
11.4. Content. -- The
				educational documentation will consist of a review of the required education
				and training documents. For applicants who don't meet the requirements of
				Section 5.5. of this rule the Board may conduct an oral examination. The oral
				examination shall test and review the applicant's knowledge and competency in
				the practice of oriental medicine through acupuncture or the Board may require
				the applicant to complete in English the NCCAOM examinations in
				acupuncture.
11.5. Additional
				Training. -- If the Board determines that an applicant has met the requirements
				for acupuncture licensure, it shall issue such license for a period of two
				years. The Board, at its discretion, has the right to make a license
				provisional and to stipulate additional training, clinical experience, or the
				NCCAOM examination as requirements for licensure.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-12 - Documentation of Training

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Each
				applicant shall have completed the minimum educational or tutorial requirements
				set forth in the W. Va. Code §
									30-36-10, as documented by the
				registrar of each school which the applicant attended or from the applicant's
				tutor, in the case of a tutorial or apprenticeship program.
12.2. All applicants who are graduates of an
				approved educational program who take the NCCAOM examination as part of their
				licensure requirements shall have completed the course work and training set
				forth in W. Va. Code §
									30-36-10.
12.3. All applicants applying for licensure
				shall meet the minimum educational or tutorial requirements set forth in W. Va.
				Code §
									30-36-1 et seq.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-13 - Abandonment of Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may deny an application without prejudice when an
				  applicant does not exercise due diligence in the completion of their
				  application, in furnishing additional information or documents required, or in
				  the payment of any required fees.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-14 - Failure to Appear for Oral Examination-Withdrawal of Application

Current through Register Vol. XLI, No. 28, July 12, 2024
An applicant not meeting the requirements of Section 5.5. of
				  this rule who is required an oral examination, who fails to appear for two (2)
				  oral examinations without a written explanation which is satisfactory to the
				  Board shall have their application withdrawn by the Board. If the applicant
				  subsequently decides to reapply for licensure, he or she shall file a new
				  application and pay the full application fee.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-15 - Denial of Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Any applicant whose application is denied, may submit within thirty (30)
				calendar days from the date of rejection, a written request that their
				application be presented to the Board for further evaluation at the Board's
				next regular meeting.
15.2. As part
				of this evaluation procedure, the Board may, in its discretion, request that
				the applicant be orally interviewed with respect to their qualifications for
				licensure.
15.3. Nothing in this
				section shall be constructed to deprive an applicant of their rights of appeal
				as afforded by other provisions of law.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-16 - Inactive License

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Any
				acupuncturist who is not actively engaged in the practice of acupuncture
				desiring an inactive license, W. Va. Code §
									30-36-16, or to restore an
				inactive license to active status shall submit an application to the Board on a
				form provided by it (Active-Inactive License Application). The applicant need
				not submit their license or a copy of the license to the Board with the
				application.
16.2. In order to
				restore an inactive license to active status, the licensee shall complete a
				minimum of thirty (30) hours of approved continuing education within the two
				(2) years preceding application for return to active status, in compliance with
				the Board's Rule, Continuing Education Requirements, 32 CSR 9. If the license
				has been inactive less than one (1) year, a minimum of fifteen (15) hours of
				continuing education is required.
16.3. The inactive status of any licensee
				shall not deprive the Board of its authority to institute or continue a
				disciplinary proceeding against a licensee upon any ground provided by law or
				to enter an order suspending or revoking a license or otherwise holding
				disciplinary action against the licensee on that ground.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-17 - Relating to the Practice of Telehealth

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The Board will not issue a license for
				the practice of telehealth due to the practice of acupuncture being an in
				person office visit and hands on profession.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-04 - Fees of the Board of Acupuncture › Section 32-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the fees relating to the Board.
1.2. Authority. -- W. Va. Code §
									30-36-7
				and §
									30-36-8.
1.3. Filing Date. -- April 20,
				2020.
1.4. Effective Date. -- April
				30, 2020.
1.5 Sunset Provision --
				This rule shall terminate and have no further force and effect upon the
				expiration of April 30, 2030.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-04 - Fees of the Board of Acupuncture › Section 32-4-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all applicants, licensed acupuncturists,
				  student acupuncturists, apprenticed acupuncturists, and continuing education
				  instructors.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-04 - Fees of the Board of Acupuncture › Section 32-4-3 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Application
				fee. -- The nonrefundable application fee is $75.
3.2. License fee. -- The initial license fee
				for a period of two years is $425.
3.3. Renewal fee. -- The renewal fee for a
				period of two years is $425.
3.4.
				Inactive license. -- The biennial fee for an inactive license is
				$325.
3.5. Delinquency fee. -- The
				delinquency fee for late filing is $50.
3.6. Duplicate license fee. -- The fee for a
				duplicate or replacement engraved wall license is $25. The fee for a duplicate
				or replacement renewal receipt or pocket license is $10.
3.7. Endorsement fee. -- The fee for a letter
				of endorsement is $10.
3.8.
				Auricular acudetox certificate fee. - The fee for a two-year certificate to
				perform auricular acudetox is $60. The certificate of authorization to practice
				auricular acudetoxtherapy shall be valid for two years from the month ending of
				the date of issuance.
3.9.
				Auricular acudetox certificate renewal fee. - The fee for a two-year renewal of
				a certificate to perform auricular acudetox is $50. A renewed certificate of
				authorization to practice auricular acudetox therapy shall be valid for two
				years from the month ending of the date of issuance.
3.10. Notwithstanding the fees set forth in
				this fee schedule, an applicant may seek a waiver of the initial licensing fees
				pursuant to 32 C.S.R. 15.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-04 - Fees of the Board of Acupuncture › Section 32-4-4 - Acupuncture Tutorials

Current through Register Vol. XLI, No. 28, July 12, 2024
Acupuncture tutorial instructors and acupuncture tutorial
				  students shall pay on annual registration renewal fee of $100 within 30 days of
				  completion of one year of an approved acupuncture tutorial.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-04 - Fees of the Board of Acupuncture › Section 32-4-5 - Continuing Education Providers

Current through Register Vol. XLI, No. 28, July 12, 2024
The annual fee for approval for each provider of continuing
				  education is $50.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-04 - Fees of the Board of Acupuncture › Section 32-4-6 - Expired License Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
A lapsed or expired license may be renewed at any time within
				  three years after its expiration. The licensee shall pay all accrued and unpaid
				  renewal fees, plus the delinquency fee with the application for
				  renewal.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-05 - Advertising By Licensed Acupuncturists › Section 32-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes standards for the advertising of acupuncture.
1.2. Authority. -- W. Va. Code §
									30-36-7, §
									30-36-14(f) and
				§
									64-9-2(a).
1.3. Filing Date. -- April 18,
				2023.
1.4. Effective Date. -- April
				20, 2023.
1.5. Sunset Provision. -
				This rule shall terminate and have no further force or effect upon August 1,
				2033.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-05 - Advertising By Licensed Acupuncturists › Section 32-5-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
This legislative rules applies to all licensed
				  acupuncturists, all student acupuncturists and all apprenticed acupuncturists.
				  The enforcement of these rules is vested with the Board.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-05 - Advertising By Licensed Acupuncturists › Section 32-5-3 - Recognized Titles

Current through Register Vol. XLI, No. 28, July 12, 2024
Academic and professionally granted titles which may be used
				  by acupuncturists practicing in W. Va. include, but are not limited to the
				  following: and must be commensurate to the level of education and
				  training:
3.1. L.Ac. and Lic. Ac. --
				Licensed Acupuncturist
3.2. O.M.D.
				-- Oriental Medical Doctor
3.3.
				D.Ac. -- Doctor of Acupuncture
3.4.
				D.A.O.M. -- Doctorate of Acupuncture and Oriental Medicine
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-05 - Advertising By Licensed Acupuncturists › Section 32-5-4 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
A Board licensed acupuncturist may advertise the provision of
				  any acupuncture services to the public, which are within the scope of practice,
				  authorized by W. Va. Code §
									30-36-2. The advertising may not
				  promote the excessive or unnecessary use of the services.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-05 - Advertising By Licensed Acupuncturists › Section 32-5-5 - Use of the Title Doctor

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				An acupuncturist may use the title "Doctor" or the abbreviation "Dr." in
				connection with the practice of acupuncture when he or she possesses an earned
				doctorate degree from an accredited, approved or authorized educational
				institution in acupuncture, Oriental medicine or a biological science.
The use of the title "Doctor" or the abbreviation "Dr." by an
				  acupuncturist as authorized in this subsection without further indication of
				  the type of license, certificate or degree which authorizes that use,
				  constitutes unprofessional conduct.
5.2. An acupuncture doctor shall clearly
				explain to his or her patients, in writing and verbally, that he or she is not
				a physician licensed to practice medicine or surgery, unless he or she is
				licensed under W. Va. Code §
									30-3-1 et seq or W. Va. Code
				§
									30-14-1 et seq.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-06 - Standards Of Practice Of Acupuncture By Licensed Acupuncturists › Section 32-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the minimum standards of practice for acupuncture in this
				state.
1.2. Authority. -- W. Va.
				Code §
									30-36-7 and §
									64-9-2(b).
1.3. Filing Date. -- April 18,
				2023.
1.4. Effective Date. -- April
				20, 2023.
1.5. Sunset Provision. -
				This rule shall terminate and have no further notice force or effect upon
				August 1, 2033.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-06 - Standards Of Practice Of Acupuncture By Licensed Acupuncturists › Section 32-6-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This legislative rule applies to all licensed acupuncturists,
				  all student acupuncturists and all apprenticed
				  acupuncturists.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-06 - Standards Of Practice Of Acupuncture By Licensed Acupuncturists › Section 32-6-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Clean Needle
				Technique. -- The standard protocol test as administered by the Council of
				Colleges of Acupuncture and Herbal Medicine (CCAHM).
3.2. CCAHM. -- The Council of Colleges of
				Acupuncture and Herbal Medicine.
3.3. FDA. -- The federal Food and Drug
				Administration.
3.4. OSHA. -- The
				federal Occupational Safety and Health Administration.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-06 - Standards Of Practice Of Acupuncture By Licensed Acupuncturists › Section 32-6-4 - Condition of Office

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each
				acupuncture office, clinic, treatment center or institution shall be maintained
				in a clean and sanitary condition at all times, and shall have a readily
				accessible bathroom facilities for patients.
4.2. The Board or its representative may make
				announced or unannounced office inspections during regular business hours to
				insure that sanitary conditions are being maintained. The Board or its
				representative may inspect treatment as well as non treatment areas. Patient
				files and records shall be made available to any authorized inspection by the
				Board or its official representative.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-06 - Standards Of Practice Of Acupuncture By Licensed Acupuncturists › Section 32-6-5 - Disposable Needles; Clean Needle Technique

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Disposable needles. -- All acupuncture
				offices, clinics, treatment centers and institutions shall use only
				pre-sterilized disposable needles. A practitioner shall use pre-sterilized
				disposable needles according to Clean Needle Technique and standards of
				practice established by the CCAHM.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-06 - Standards Of Practice Of Acupuncture By Licensed Acupuncturists › Section 32-6-6 - Treatment Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
A licensed acupuncturist shall practice according to the
				  standard protocols of the Clean Needle Technique and the CCAHM during
				  treatments by adhering to the following procedures:
6.1. Injection Therapy. A practitioner shall
				be limited to perform point puncture injections using sterile disposable
				needles and sterile solutions. Injection therapy shall be the injection of
				sterile herbs, vitamins, minerals, homeopathic substance or other similar
				substances specifically manufactured for injection into acupuncture points by
				means of sterile needles used primarily for this purpose. Permissable
				substances includes, saline, glucose, lidocaine, procaine, oriental herbs,
				vitamin B-12, traumeel, sarapin, and homepathic substances. Practitioners
				trained in injection therapy must comply with the ability to perform
				resuscitative procedures, including access to epinephrine injections and nasal
				oxygen if their patient exhibits symptoms of anaphylaxis.
6.2. Needle Disposal. -- A practitioner shall
				dispose of all acupuncture needles, pointpuncture needles and instruments to be
				discarded into rigid biohazard containers. A practitioner shall discard needles
				in one of the two following ways:
6.2.1. They
				shall be placed in a sealed unbreakable container marked "Medical Waste" and
				disposed of in a manner consistent with OSHA biohazardous waste
				regulations.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-06 - Standards Of Practice Of Acupuncture By Licensed Acupuncturists › Section 32-6-7 - Informed Consent

Current through Register Vol. XLI, No. 28, July 12, 2024
The practitioner shall notify patients in writing and
				  verbally, prior to as any recommended treatment regarding any potential
				  complications arising from the treatment plan.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-06 - Standards Of Practice Of Acupuncture By Licensed Acupuncturists › Section 32-6-8 - Treatments Outside the Office

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A practitioner who provides acupuncture
				treatment outside the office shall maintain Clean Needle Technique. carry the
				required sterile needles and other instruments in a sterile airtight
				container.
8.2. A practitioner
				shall adhere to all standards of practice applicable to treatment when
				providing the treatment out of his or her office.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-06 - Standards Of Practice Of Acupuncture By Licensed Acupuncturists › Section 32-6-9 - Content and Retention of Acupuncture Medical Records

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Acupuncturists shall maintain written
				medical records justifying the course of treatment of each patient. These
				records shall include for each patient at least the following:
9.1.1. The patient's medical
				history;
9.1.2. Acupuncture and
				Oriental Medical diagnosis;
9.1.3.
				Diagnostic testing and imaging procedures and laboratory results;
9.1.4. Points used and any treatment
				procedures administered at each visit;
9.1.5. The practitioner's prescriptions and
				recommendations; and
9.1.6. Patient
				treatment plan with progress notes.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-06 - Standards Of Practice Of Acupuncture By Licensed Acupuncturists › Section 32-6-10 - Professional Liability Insurance

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Professional Liability Insurance. -- As
				a prerequisite for licensure or license renewal every acupuncturist shall
				maintain medical malpractice insurance or professional liability insurance and
				shall provide the Board with proof of that financial responsibility. Each
				licensee shall have one of the following:
10.1.1. Professional liability coverage in an
				amount not less that $10,000 per claim, with a minimum annual aggregate of not
				less than $30,000 from an authorized insurer.
10.1.2. An unexpired, irrevocable letter of
				credit in the amount not less than $10,000 per claim, with a minimum aggregate
				availability of credit of not less than $30,000. The letter of credit shall be
				payable to the acupuncturist as beneficiary upon presentment of a final
				judgement indicating liability and awarding damages to be paid by the
				acupuncturist or upon presentment of a settlement agreement signed by all
				parties to the agreement when the final judgement or settlement is a result of
				a claim arising out of the rendering of, or the failure to render, acupuncture
				services. The letter of credit shall be nonassignable and nontransferable. The
				letter of credit shall be issued by any bank or savings association organized
				under the W. Va. Code.
10.1.3. A
				surety bond in an amount not less than $10,000 per claim, with a minimum annual
				aggregate of not less than $30,000 written by a company licensed to do business
				in West Virginia.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-07 - Disciplinary And Complaint Procedures For Acupuncturists › Section 32-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the due process procedure for disciplinary and complaint
				procedures for the Board. The Board is charged with these duties in W. Va. Code
				§
									30-36-18.
1.2. Authority. -- W. Va. Code §§
									30-1-8(a)
				and
				30-36-1
				et seq.
1.3. Filing Date. -- April
				16, 2008.
1.4. Effective Date. --
				April 16, 2008.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-07 - Disciplinary And Complaint Procedures For Acupuncturists › Section 32-7-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
This legislative rule applies to all licensed acupuncturists,
				  student acupuncturists, and acupuncture trainees.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-07 - Disciplinary And Complaint Procedures For Acupuncturists › Section 32-7-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Board" means
				the West Virginia Board of Acupuncture.
3.2. "Licensee" means an acupuncturist who
				holds a license issued by the Board to practice acupuncture and oriental
				medicine.
3.3. "License" means a
				license issued by the Board.
3.4.
				"Practice of acupuncture and oriental medicine" means the practice of
				acupuncture as defined in W. Va. Code §
									30-36-2
				and includes licensed acupuncturists, student acupuncturists and acupuncture
				trainees.
3.5. "False and deceptive
				advertising" means a statement that includes a misrepresentation of fact, is
				likely to mislead or deceive because of a failure to disclose material facts,
				is intended or is likely to create false or unjustified expectations of
				favorable results or includes representations or implications that in a
				reasonable probability will cause an ordinary prudent person to misunderstand
				or be deceived.
3.6. "Adjudicatory
				hearing" means a formal administrative hearing before the Board or a designated
				hearing examiner, conducted to determine the truth and validity of complaints
				filed against a licensee.
3.7.
				"Probation" means imposing conditions and requirements upon a licensee for a
				period of time that the Board determines to be justified under any provision of
				law.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-07 - Disciplinary And Complaint Procedures For Acupuncturists › Section 32-7-5 - Complaint Disposition

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				person, medical peer review committee, firm, corporation, members of the Board
				or public officer may make a complaint to the Board which charges an
				acupuncturist with a violation of the W. Va. Code §
									30-36-1
				et seq., or of the Rules of the Board. The Board may provide a form for that
				purpose, but a complaint may be filed in any written form. In addition to
				describing the alleged violation which prompted the complaint, the complaint
				should contain the following:
5.1.1. The name
				and address of the individual against whom the complaint is lodged;
5.1.2. The date of care or other
				incident;
5.1.3. The name of
				individual 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.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-07 - Disciplinary And Complaint Procedures For Acupuncturists › Section 32-7-6 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any applicant
				for a license who has had his or her application denied by order of the Board
				may appeal the order within thirty (30) days of that 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 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 acupuncture and oriental medicine 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 this action in accordance with
				the contested case hearing procedure, W. Va. Code §
									29A-5-1
				et seq., and the rules of the Board.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-08 - Contested Case Hearing Procedure › Section 32-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for the adjudication of contested case hearings
				before the Board.
1.2. Authority.
				-- W. Va. Code §§
									30-36-1
				et seq.,
				30-1-1 et
				seq. and 29A-5-1 et seq.
1.3.
				Filing Date. -- July 17, 2007.
1.4.
				Effective Date. -- September 1, 2007.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-08 - Contested Case Hearing Procedure › Section 32-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in these rules shall
				  have the following meanings, unless the context otherwise requires:
2.1. "Board" means the West Virginia Board of
				Acupuncture.
2.2. The term
				"demanding party" means an individual who has been denied a license to practice
				acupuncture and oriental medicine by the Board and who, as a result, demands
				that a hearing be held before the Board on the issue of such denial.
2.3. The term "charged party" means an
				individual who holds a license to practice acupuncture and oriental medicine
				issued by the Board and who has been charged by the Board as described in
				subsection 3.4 of this rule.
2.4.
				The term "licensee" means an acupuncturist who holds a license issued by the
				Board to practice acupuncture and oriental medicine or a "trainee" who holds an
				educational training permit.
2.5.
				The term "license" means a license issued by the Board pursuant to W. Va. Code
				§
									30-36-1
				et seq.
2.6. "Practice of
				acupuncture and oriental medicine" means the practice of acupuncture and
				oriental medicine as defined in W. Va. Code §
									30-36-1
				et seq. and includes licensed acupuncturists, student acupuncturists and
				acupuncture trainees.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-08 - Contested Case Hearing Procedure › Section 32-8-4 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be recorded by
				stenographic notes and characters or by mechanical means.
4.2. All recorded materials shall be
				transcribed. The Board shall have the responsibility to make arrangements for
				the transcription of the recorded testimony and evidence.
4.3. Upon the motion of the Board or any
				party assigning error or omission in any part of any transcript, the Board or
				its appointed hearing examiner shall settle all differences arising as to
				whether such transcript truly discloses what occurred at the hearing and shall
				direct that the transcript be corrected and/or revised as appropriate so as to
				make it conform to the truth.
4.4.
				A transcript of the hearing shall be provided to all members of the Board for
				review at least ten (10) days before the vote is taken on its decision in any
				licensure or licensure disciplinary matter.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-08 - Contested Case Hearing Procedure › Section 32-8-5 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any party may
				submit proposed findings of fact and conclusions of law at a time and manner
				designated by the Board or its duly appointed hearing examiner.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-08 - Contested Case Hearing Procedure › Section 32-8-6 - Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Board may appoint a hearing examiner who shall be empowered to subpoena
				witnesses and documents, administer oaths and affirmations, examine witnesses
				under oath, rule on evidentiary matters, hold conferences for the settlement or
				simplification of issues by consent of the parties, cause to be prepared a
				record of the hearing so that the Board is able to discharge its functions and
				otherwise conduct hearings as provided in §
									24-3-3.10
				herein.
6.2. Hearing examiners
				appointed by the Board are not authorized or empowered to grant, suspend,
				revoke or otherwise discipline any license.
6.3. The hearing examiner shall prepare
				recommended findings of fact and conclusions of law for submission to the
				Board. The Board may adopt, modify or reject such findings of fact and
				conclusions of law.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-08 - Contested Case Hearing Procedure › Section 32-8-7 - Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At any time prior to the hearing or
				thereafter, the Board, its designee or its duly appointed hearing examiner may
				hold conferences for the following purposes:
7.1.1. To dispose of procedural requests,
				prehearing motions or similar matters;
7.1.2. To simplify or settle issues by
				consent of the parties; or
7.1.3.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-08 - Contested Case Hearing Procedure › Section 32-8-8 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. 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 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-08 - Contested Case Hearing Procedure › Section 32-8-9 - 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 or its 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 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-08 - Contested Case Hearing Procedure › Section 32-8-10 - 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 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-08 - Contested Case Hearing Procedure › Section 32-8-11 - 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 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-08 - Contested Case Hearing Procedure › Section 32-8-12 - 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 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-09 - Continuing Education Requirements › Section 32-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --This
				establishes continuing education requirements for renewal of licensure pursuant
				to W. Va. Code §
									30-36-14(d).
1.2. Authority. -- W. Va. Code §
									30-36-7(a),
				§
									30-36-1(c) and
				§
									64-9-2(c).
1.3. Filing Date. -- April 18,
				2023.
1.4. Effective Date. -- April
				20, 2023.
1.5. Sunset Provision. -
				This rule shall terminate and have no further force or effect upon August 1,
				2033.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-09 - Continuing Education Requirements › Section 32-9-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Approved
				Provider. -- Those persons or organizations offering continuing education in
				West Virginia, who are approved by the Board.
3.2. Course. -- A systematic learning
				experience, at least one hour in length, which deals with and is designed for
				the acquisition of knowledge, skills and information relevant to the practice
				of acupuncture.
3.3. Hour. -- A
				period of time spent in a course, lasting at least fifty (50) minutes, where
				participation in an organized learning experience occurs.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-09 - Continuing Education Requirements › Section 32-9-4 - Criteria for Provider Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In order to be an approved provider, a
				provider shall submit to the Board an application on a form provided by the
				Board accompanied by the fee required by Board of Acupuncture rules, Fees of
				the Board of Acupuncture 32 CSR 4. All provider applications and documentation
				submitted to the Board shall be typewritten and in English.
4.2. The approval of the provider expires one
				(1) year after it is issued by the Board and may be renewed upon the filing of
				the required application and fee.
4.3. Acupuncture schools and colleges which
				have been approved by the Board, pursuant to the W. Va. Code §
									30-36-10, are approved continuing
				education providers.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-09 - Continuing Education Requirements › Section 32-9-5 - Approved Providers

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. For
				the purpose of this rule programs offered by the following organizations will
				be considered "approved providers":
5.1.1. The
				National Certification Commision of Acupuncture and Oriental Medicine
				(NCCAOM);
5.1.2. The American
				Association of Acupuncture and Oriental Medicine (AAAOM);
5.1.3. The California Board of
				Acupuncture;
5.1.4. The Council of
				Colleges of Acupuncture and Herbal Medicine (CCAHM);
5.1.5. The American Academy of Medical
				Acupuncture (AAMA);
5.1.6. The
				National Acupuncture Teachers Foundation (NAF); or
5.1.7. The National Acupuncture
				Detoxification Association (NADA).
5.1.8. Accredited schools or
				colleges.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-09 - Continuing Education Requirements › Section 32-9-6 - Content of Courses Applicable for Continuing Education Credits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. For
				each renewal period of two years, a licensee shall have a minimum of fifteen
				hours of instruction in the area of acupuncture or oriental medicine from an
				approved provider
.
6.2. For each renewal period of two years, a
				licensee may have up to fifteen hours of instruction in western clinical
				sciences, medical practices, medical ethics, or medical research which are
				sponsored or accredited by, but not limited to, the following organizations, or
				their successor organizations:
6.2.1. The
				World Health Organization (WHO);
6.2.2 The National Institutes of Health
				(NIH);
6.2.3. The American Medical
				Association (AMA);
6.2.4. The
				American Osteopathic Association (AOA);
6.2.5. The American Nurses Association
				(ANA);
6.2.6. Local hospitals;
				or
6.2.7. Local colleges.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-09 - Continuing Education Requirements › Section 32-9-7 - Continuing Education Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Each acupuncturist at the time of
				license renewal shall sign a statement under penalty of false swearing that he
				or she has or has not complied with the continuing education
				requirements.
7.2. The Board may
				audit once each year a random sample of acupuncturists who have reported
				compliance with the continuing education requirement. No acupuncturist shall be
				subject to audit more than once every two (2) years.
7.3. It constitutes unprofessional conduct
				for any acupuncturist to misrepresent completion of the required continuing
				education.
7.4. Any acupuncturist
				selected for audit shall submit original documentation or records of continuing
				education course work he or she has taken and completed.
7.5. Each acupuncturist shall retain for a
				minimum of four (4) years records of all continuing education programs attended
				which indicate the provider's name, title of the course or program, date and
				location of course and the number of continuing education credits
				awarded.
7.6. Instructors of
				approved continuing education courses may receive a maximum of two (2) hours of
				continuing education credit per year. An instructor may claim credit only where
				the individual acts as an instructor of an approved course. In addition, one
				hour of credit shall be accrued for each classroom hour completed as an
				instructor of a Board approved continuing education course. Participation as a
				member of a panel presentation for an approved course shall not entitle the
				participant to earn continuing education credit as an instructor.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-10 - Code Of Ethics For Licensed Acupuncturists › Section 32-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes a code of ethics for acupuncture and oriental medicine in this
				state.
1.2. Authority. -- W. Va.
				Code ''30-36-7 (a) and 30-36-7 (b).
1.3. Filing Date. -- May 21, 1999.
1.4. Effective Date. -- May 21,
				1999.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-10 - Code Of Ethics For Licensed Acupuncturists › Section 32-10-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This legislative rule applies to all licensed acupuncturists,
				  student acupuncturists and apprenticed acupuncturists in the
				  State.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-10 - Code Of Ethics For Licensed Acupuncturists › Section 32-10-4 - Ethics Regarding the Sale of Oriental Medicines in the Office

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The sale of
				medications within an acupuncturist's office shall be based on addressing the
				needs of the patient. The making of profit is always viewed as a secondary
				consideration. This is an extension of the code of ethics of the state and
				national associations governing the conduct of acupuncture
				physicians.
4.2. While the retail
				selling of medications could be construed as a conflict of interest on the part
				of the physician; as long as the underlying intention remains the patient's
				best interest and not to make profit, and no other source for the formulation
				and quality of the medication that the practitioner feels is adequate exists,
				this remains a legitimate and viable service.
4.3. Oriental medicines which may be
				prescribed by licensed acupuncturists include, but are not limited to:
4.3.1. Herbs, alone and in
				combinations;
4.3.2.
				Glandulars;
4.3.3.
				Minerals;
4.3.4. Vitamins;
				and
4.3.5. Chinese patent
				medicines.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-11 - Education Requirements › Section 32-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				establishes the educational requirements for licensed acupuncture applicants
				who have graduated from a school or college of acupuncture or oriental
				medicine.
1.2. Authority. -- W. Va.
				Code '30-36-7.
1.3. Filing date. -- May 21, 1999.
1.4. Effective date. -- May 21,
				1999.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-11 - Education Requirements › Section 32-11-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This legislative rule applies to applicants for license who
				  have graduated from a school or college of acupuncture or oriental
				  medicine.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-11 - Education Requirements › Section 32-11-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Accredited
				School or College. -- An institution which has received accreditation or is a
				candidate for accreditation from the national accreditation commission for
				schools and colleges of acupuncture and oriental medicine (NACSSAOM).
3.2. NACSSAOM. -- The national accreditation
				commission for schools and colleges of acupuncture and oriental
				medicine.