reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-07 - Request for Waiver of Initial Licensing Fees for Certain Individuals › Section 13-7-3 - Request for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board may issue a license to an
				applicant who meets the requirements of W. Va. Code et seq. and the rules
				promulgated by the Board, and the Board shall waive the initial licensure fee
				if the applicant qualifies as a "low-income individual" or as an individual
				within the class "military families" as defined in this rule.
3.2. Low-income individuals, as defined in
				this rule, may seek a waiver of the initial licensure fee for licensure as an
				occupational therapist or occupational therapy assistant by submitting with
				their complete application the LIW form, provided by the Board, and all
				required documents as prescribed by this rule and the Board. The Board shall
				review the request for waiver and issue a decision within 30 days of receipt of
				the complete application.
3.3.
				Military families, as defined in this rule, may seek a waiver of the initial
				licensure fee for licensure as an occupational therapist or occupational
				therapy assistant by submitting with their complete application the MFW form,
				provided by the Board, and all required documents as prescribed by this rule
				and the Board. The Board shall review the request for waiver and issue a
				decision within 30 days of receipt of the complete application.
3.4. An applicant denied a waiver of initial
				licensing fees shall have 30 days to appeal the decision to the board pursuant
				to the provisions of W. Va. Code §
									30-28-17.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-07 - Request for Waiver of Initial Licensing Fees for Certain Individuals › Section 13-7-4 - Required Documentation for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Individuals requesting a waiver of
				initial licensure fees for low income or military service personnel and their
				spouses, shall submit with the application for licensure the initial licensure
				waiver LIW or MFW form and the appropriate documentation as specified in this
				section.
4.2. To establish low
				income eligibility for the initial licensing fee waiver, an applicant shall
				submit to the board evidence that the adjusted gross income of the household of
				the applicant is below 130% of the federal poverty level by submitting a
				Federal Tax Return or documentation of eligibility for:
4.2.1. Temporary Assistance for Needy
				Families Program;
4.2.2. Medicaid;
				or
4.2.3. Supplemental Nutrition
				Assistance Program
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-08 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 13-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				procedures for consideration of prior criminal convictions in initial licensure
				determinations.
1.2. Authority. --
				W. Va. Code §
									30-1-24, and W. Va. Code §
									30-28-7
1.3. Filing Date. -- April 8, 2020
1.4. Effective Date. -- July 1,
				2020
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect upon July 1,
				2025.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-08 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 13-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the West Virginia Board of
				Occupational Therapy established pursuant to W. Va. Code §
									30-28-1
et seq.
2.2.
				"Initial licensure" means obtaining a license in West Virginia for the practice
				of occupational therapy for the first time.
2.3. "License" or "licensure" means the
				official authorization by the board to practice occupational therapy.
2.4. "Unreversed", as that term refers to a
				criminal conviction, means that a conviction has not been set aside, vacated,
				pardoned, or expunged.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-08 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 13-8-3 - Rational nexus to the practice of occupational therapy

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The board may not disqualify an
				applicant from initial licensure because of a prior criminal conviction that
				remains unreversed unless that conviction is for a crime that bears a rational
				nexus to the practice of occupational therapy. In determining whether a
				criminal conviction bears a rational nexus to occupational therapy, the board
				shall consider at a minimum:
3.1.a. The nature
				and seriousness of the crime for which the individual was convicted;
3.1.b. The passage of time since the
				commission of the crime;
3.1.c. The
				relationship of the crime to the ability, capacity, and fitness required to
				perform the duties and discharge the responsibilities of an occupational
				therapist or occupational therapy assistant; and
3.1.d. Any evidence of rehabilitation or
				treatment undertaken by the individual.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-08 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 13-8-4 - Application after denial

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If an applicant
				has been denied licensure because of a prior criminal conviction, the board
				shall permit the applicant to apply for initial licensure if:
4.1.a A period of five years has elapsed from
				the date of conviction or the date of release from incarceration, whichever is
				later;
4.1.b. The individual has
				not been convicted of any other crime during the period of time following the
				disqualifying offense; and
4.1.c.
				The conviction was not for an offense of a violent or sexual nature:
Provided,
That a conviction for an offense of a violent or
				sexual nature may subject an individual to a longer period of disqualification
				from licensure, to be determined by the board on a case by case
				basis.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-08 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 13-8-5 - Petition for licensure eligibility determination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An individual with a criminal record who
				has not previously applied for licensure may petition the board at any time for
				a determination of whether the individual's criminal record will disqualify the
				individual from obtaining a license.
5.2. The petition shall be submitted on an
				application form prescribed by the board and shall include sufficient details
				about the individual's criminal record to enable the board to identify the
				jurisdiction where the conviction occurred, the date of the conviction, and the
				specific nature of the conviction.
5.3. The applicant may submit, with the
				petition for licensure eligibility, evidence of rehabilitation, letters of
				reference, and any other information the applicant deems relevant to show
				fitness and the ability to practice occupational therapy.
5.4. The board shall provide the
				determination within 60 days of receiving the petition and the applicable fee,
				as prescribed by the board, from the applicant.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-09 - Telehealth Practice; Requirements; Definitions › Section 13-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for the practice of telehealth by an occupational
				therapist or occupational therapy assistant.
1.2. Authority. -- W. Va. Code §
									30-1-26,
				and W. Va. Code §
									30-28-7
1.3.
				Filing Date. -- April 5, 2021
1.4.
				Effective Date. -- May 1, 2021
1.5.
				Sunset Provision. -- This rule shall terminate and have no further force or
				effect upon the expiration of five (5) years from final filing date.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-09 - Telehealth Practice; Requirements; Definitions › Section 13-9-2 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the West Virginia Board of Occupational Therapy established pursuant to W. Va.
				Code §
									30-28-1 et seq.
2.2.
				"Occupational Therapist" or "Occupational Therapy Assistant" means a person
				licensed by the board to practice occupational therapy in West Virginia.
2.3. "Store and forward" means the
				asynchronous communication of medical data or images from an originating
				location to an occupational therapist or occupational therapy assistant at
				another site for the purpose of therapeutic assistance.
2.4. "Telehealth" is the application of
				evaluative, consultative, preventative, and therapeutic services delivered
				through telecommunication and information technologies. Occupational therapy
				services provided by means of a telehealth service delivery model can be
				synchronous, that is, delivered through interactive technologies in real time,
				or asynchronous, using store-and-forward technologies. Telehealth is considered
				the same as teletherapy, telerehabilitation, and telepractice in various
				settings and for the purpose of this rule.
2.5. "Telehealth technologies" means
				technologies and devices which enable secure electronic communications and
				information exchange in the practice of telehealth, and typically involve the
				application of secure real-time audio/video conferencing or similar secure
				video services or store and forward digital image technology to provide
				occupational therapy services by replicating the interaction of a traditional
				in-person encounter between an occupational therapist or occupational therapy
				assistant and a patient.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-09 - Telehealth Practice; Requirements; Definitions › Section 13-9-3 - Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The practice
				of occupational therapy occurs where the client is physically located at the
				time the telehealth technologies are used.
3.2 An occupational therapist or occupational
				therapy assistant who practices telehealth must be licensed as provided in this
				article.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-09 - Telehealth Practice; Requirements; Definitions › Section 13-9-4 - Practitioner-patient relationship through telehealth

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A practitioner-patient relationship may
				not be established through audio-only, written forms of communication, such as
				e-mail or text-based messaging, or any combination thereof.
4.2. If an existing practitioner-patient
				relationship is not present prior to the utilization of telehealth
				technologies, or if services are rendered solely through telehealth
				technologies, a practitioner-patient relationship may only be established
				through the use of telehealth technologies which incorporate interactive audio
				using store and forward technology, real-time videoconferencing or similar
				secure video services during the initial patient evaluation.
4.3. Once a practitioner-patient relationship
				has been established, either through an in-person encounter or in accordance
				with section 4.2 of this rule, the practitioner may utilize any telehealth
				technology that meets the standard of care and is appropriate for the patient.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-09 - Telehealth Practice; Requirements; Definitions › Section 13-9-5 - Telehealth practice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Prior to providing occupational therapy services via telehealth:
5.1.a. An occupational therapist shall
				determine whether an in-person evaluation is necessary and make every attempt
				to ensure that a therapist is available if an on-site visit is required;
5.1.b. An occupational therapist
				shall determine whether in-person interventions are necessary and make every
				attempt to ensure an on-site occupational therapist or occupational therapy
				assistant shall provide the appropriate interventions;
5.1.c. Occupational therapy personnel shall
				obtain informed consent of the delivery of service via telehealth from the
				patient/client prior to initiation of occupational therapy services via
				telehealth and maintain documentation of the consent-to-treat process and
				content in the patient's or client's health records.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the operation of the West Virginia Board of Optometry and the
				requirements, procedures and responsibilities for licensure as an optometrist.
				W. Va. Code, §
									30-1D-1(d)
				authorizes the Board to promulgate rules which set forth the requirements and
				procedures of applicant criminal history checks. West Virginia Code,
				§29A3-19(b) requires the incorporation of a sunset provision in existing
				rules which are modified after April 1, 2016.
1.2. Authority. -- W. Va. Code §
									30-8-1 et. seq.
1.3. Filing Date. -- May 9, 2024.
1.4. Effective Date. -- May 9, 2024
1.5. Sunset Provision -- This rule shall
				terminate and have no further force or effect on August 1, 2029.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant"
				means any person making application for a license or permit under the
				provisions of W. Va. Code §
									30-8-1 et. seq. and the W. Va.
				Code of State Rules, §14CSR1, et. seq.
2.2. "Board" means the West Virginia Board of
				Optometry.
2.3. "Criminal History
				Record Check" means a state and national criminal history check authorized by
				W. Va. Code, §
									30-1D-1(d) for
				applicants.
2.4. "License" means a
				license to practice optometry.
2.5.
				"Licensee" means an optometrist licensed under the provisions of W. Va. Code
				§
									30-8-1 et. seq. and the provisions
				of the W. Va. Code of State Rules, §14CSR1, et. seq.
2.6. "Low Income Individual" means an
				individual whose household adjusted gross income is below 130 percent of the
				Federal poverty line. This term also includes any individual enrolled in a
				public assistance program including, but not limited to, the Temporary
				Assistance for Needy Families Program (TANF), Medicaid, or the Supplemental
				Nutrition Assistance Program (SNAP).
2.7. "Member of the Military means any person
				who serves as an active member of the armed forces of the United States of
				America, the National Guard, or a reserve component thereof.,
2.8. "Military spouse" means any person
				lawfully married to a member of the military who is a resident of this state or
				who is assigned to this state, or on federal active duty in this
				state.
2.9. "Temporary permit for
				Non-military Members" or "permit" means a permit issued to a person who has
				graduated from an accredited optometry school, has taken all required parts of
				the prescribed National Board Examination and is awaiting results of the
				examination.
2.10. "National Board
				Examination" means the prescribed national examination in optometry composed
				and administered by the National Board of Examiners in Optometry or its
				successor or equivalent.
2.11.
				"Online State Rule Exam" means the online state law examination regarding West
				Virginia optometric regulations available through the National Board of
				Examiners in Optometry or its successor or equivalent.
2.12. "Interview" means a formal discussion
				with the Board to require the applicant to demonstrate a thorough knowledge of
				those subject areas necessary to ensure the safe practice of optometry within
				the bounds of W. Va. Code §
									30-8-1, et. seq. and the
				provisions of the rules of the Board listed in the W. Va. Code of State Rules,
				§14CSR1, et. seq.
2.13.
				"Accredited Optometry School" means a school accredited by the Accreditation
				Council on Optometric Education or its successor recognized by the U.S.
				Department of Education.
2.14.
				"Unreversed," as this term refers to a criminal conviction, means that a
				conviction has not been set aside, vacated, pardoned or expunged.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-5 - Rules for the Interview

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board shall conduct interviews for a license as specified
				  in series 6.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-6 - Colleges of Optometry

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A
				college of optometry, to be approved by the Board, shall maintain high
				scholastic and professional standards and be accredited by the Accreditation
				Council on Optometric Education (ACOE) or its successor or
				equivalent.
6.2. The Board shall
				keep an up-to-date list of all Colleges of Optometry approved by the Board and
				make the list available upon request.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-7 - Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. When an
				applicant is interviewed by the Board and found qualified to practice the
				profession of optometry in this State he or she shall be notified by letter by
				the Board or its designee. In this letter the Board or its designee shall also
				advise the applicant of the required certificate fee and the annual renewal
				fee. If the applicant fails to pay the required fees within ninety (90) days,
				his or her records shall be so marked and he or she shall not be listed as a
				licensed optometrist in this State. The Board or its designee shall make every
				effort to locate the applicant and shall send a registered letter with receipt
				requested to the address given by the applicant.
7.2. The Board shall issue a license to
				practice the profession of optometry in this State to any person who,
				successfully completes the interview and meets the requirements of the Board or
				is approved by reciprocity. The fee for issuing this license is to be paid by
				credit card or check
,
money order made payable to the
				West Virginia Board of Optometry.
7.3. The Board shall issue a license to
				include the licensee's name in full, a license registration number, the Board
				seal, the effective date of the certificate and the signatures of the Board
				members. One photograph shall be affixed to the large certificate and one shall
				remain in the permanent file.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-8 - Renewals

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A licensee who
				desires to continue in active practice shall annually, on or before the first
				day of July, renew his or her license and pay an annual renewal fee and
				maintain proof of acquisition of all required continuing education hours for
				audit.
8.2. Renewal fees shall be
				paid by check, money order or credit card made payable to the West Virginia
				Board of Optometry.
8.3. Upon
				receipt of the renewal fee the Board or its designee shall issue a renewal
				license card bearing the number of the license, the year for which renewed and
				any other information the Board considers necessary.
8.4. It is the responsibility of each
				licensee to make timely application for license renewal and complete the
				process properly, to retain the required continuing education documentation and
				to pay the fees required. Any information or reminders that the Board may issue
				are courtesies and shall not diminish the responsibilities of the
				licensee.
8.5. Every optometrist
				shall display his or her renewal certificate in a conspicuous place in the
				principal office where he or she practices optometry. If an optometrist
				practices his or her profession in more than one (1) office (branch office) he
				or she shall have an additional renewal card for each office, obtained upon
				request to the Board. Every optometrist shall notify the Board of any branch
				office and its address.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-9 - Delinquent and Expired License Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If a license is not renewed when due,
				then the Board shall automatically place the licensee on delinquent status. A
				licensee on delinquent status may not practice optometry in this
				state.
9.2. The fee for a person on
				delinquent status shall increase at a rate, determined by the Board, for each
				month or fraction thereof that the renewal fee is not paid, up to a maximum of
				thirty-six months.
9.3. Within
				thirty-six months of being placed on delinquent status, if a licensee wants to
				return to active practice, he or she must complete all the continuing education
				requirements and pay all the applicable fees as set by rule.
9.4. After thirty-six months of being placed
				on delinquent status, a license is automatically placed on expired status and
				cannot be renewed. A person whose license has expired must reapply for a new
				license.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-10 - Unlawful Use of The Prefix "Doctor" or "Dr."

Current through Register Vol. XLI, No. 28, July 12, 2024
Under W. Va. Code §
									61-10-21 it is unlawful for any
				  person to use the prefix "Doctor" or "Dr." in connection with his or her name
				  in any letter, postcard, advertisement, sign or public display of any nature
				  whatsoever, without affixing thereto suitable words or letters designating the
				  degree which he or she holds.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-11 - Temporary Permit for Non-military Applicants

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Board may issue a temporary permit
				to practice optometry to an applicant who has graduated from an optometry
				school accredited by the Accreditation Council of Optometric Education or its
				successor. The applicant shall also meet the requirements of subsections
				11.2-11.3. and pay the temporary permit fee required in the Board's rule,
				Schedule of Fees, W. Va. Code of State Rules, §14CSR5. The temporary
				permit may be issued before the applicant passes all sections of the prescribed
				exam administered by the National Board of Examiners in Optometry, its
				successor or equivalent. A certified copy of the applicant's accredited
				optometry school transcript indicating successful completion of the
				requirements for a doctorate degree in optometry must be submitted to qualify
				for a non-military temporary permit. The provisions of §14-1-18 of this
				rule establish alternative temporary permit requirements for members of the
				military and their spouses.;
11.2 An
				application for a temporary permit shall also include the following documents:
11.2.1. Proof of passing of the exam
				administered by the National Board of Examiners of Optometry, its successor or
				its equivalent, or the documentation required in W.Va. Code of State Rules,
				License By Reciprocity, §
										14-8-1, et. seq. shall be
				submitted with the application for a temporary permit.
11.2.2. A certified report showing the
				passage of the National Board Online State Rule Exam.
11.2.3. A letter from an active licensee who
				has agreed to the onsite supervision of the applicant shall be submitted with
				the application for a temporary permit. The active licensee shall submit the
				prescribed form for proof of malpractice insurance in the amount of not less
				than One Million Dollars ($1,000,000) per occurrence and not less than Three
				Million Dollars ($3,000,000) aggregate coverage. The active licensee shall
				ensure that the permittee will be covered by this insurance.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-12 - Special Volunteer License

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A Special Volunteer License shall be
				issued by the Board using the provisions listed in W. Va. Code §
									30-8-16.
12.2. The applicant for a special volunteer
				license must submit the prescribed application.
12.3. The applicant for a special volunteer
				license shall provide proof of completion of the required continuing education
				hours listed in the Board's rule, W. Va. Code of State Rules,
				§14CSR10.
12.4. The applicant
				shall submit the written agreement between the applicant and the clinic stating
				that the optometrist will provide voluntary uncompensated optometric services
				under the control of the clinic to patients of the clinic. Such agreement shall
				state that the clinic will provide liability coverage for the applicant in the
				amount of not less than One Million Dollars ($1,000,000) per
				occurrence.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-13 - Special Volunteer Event License for A Charitable Function or Event

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The applicant
				for a charitable function or event shall comply with the provisions of W. Va.
				Code, §
									30-1-21.
13.2. A person holding an unrestricted
				license, certificate, registration or permit granted to practice optometry by
				another state may serve as a volunteer without compensation for a charitable
				function for a period not to exceed ten days, subject to the approval process
				described in this section A person who has received any completed disciplinary
				actions in which discipline was ordered in any of the three most recent years,
				or is the subject of any pending disciplinary actions is not eligible for this
				special volunteer license.
13.3.
				The applicant for a charitable function or event shall complete the Special
				Volunteer Application prescribed by the Board. The application is available
				from the Board. The application shall include the applicant's name, address,
				phone number email address, charitable event title, purpose and dates for the
				event, charitable event sponsoring organization, sponsoring organization's
				address, telephone number and email address. The application shall also include
				all optometric licenses held in each state for the previous three (3) years and
				any pending or completed disciplinary action taken regarding optometric
				licensure.
13.4. Upon a review of
				the information required in this section, the board shall provide a special
				volunteer license for the specific event authorized for a period not to exceed
				ten (10) days.
13.5. The board
				shall not charge a fee to issue the special volunteer event license.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-14 - Inactive License

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. An
				active licensee who is not practicing, and who has no disciplinary action
				pending against his or her license may request an inactive license.
14.2. A licensee who does not want to
				continue an active practice shall notify the board in writing and be granted
				inactive status.
14.3. A person
				granted inactive status is not subject to the payment of any fee and may not
				practice optometry in this state.
14.4. When the person wants to return to the
				practice of optometry within thirty-six (36) months of obtaining inactive
				status, the person shall submit an application for renewal along with all
				applicable fees as set by rule.
14.5. The Board may require, after the
				interview, remedial education and/or examination passage prior to active
				licensure reinstatement.
14.6. Any
				inactive license shall be reactivated at the highest level of licensure. The
				inactive licensee shall submit to all requirements for the highest level of
				licensure prior to reactivation.
14.7. After thirty-six (36) months of being
				placed on inactive status, a licensee is automatically placed on expired
				status. He or she may not apply to be returned to active status. A person whose
				license has expired must apply for a new license.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-15 - Consideration of Criminal Convictions Regarding Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The board may not disqualify an
				applicant from an initial license because of a prior criminal conviction that
				remains unreversed unless that conviction is for a crime that bears a rational
				nexus to the practice of optometry. In determining whether a criminal
				conviction bears a rational nexus to the practice of optometry, the board shall
				consider at a minimum:
15.1.a. The nature and
				seriousness of the crime for which the individual was convicted;
15.1.b. The passage of time since the
				commission of the crime;
15.1.c.
				The relationship of the crime to the ability, capacity and fitness required to
				perform the duties and discharge the responsibilities of an optometrist;
				and
15.1.d. Any evidence of
				rehabilitation or treatment undertaken by the individual.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-16 - Member of Military License

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The Board shall issue a license to a
				member of the military who is assigned to active duty in this state, and
				satisfies the following conditions:
16.1.1.
				Holds a current license from another jurisdiction, and that jurisdiction's
				requirements for licensure are substantially equivalent to or exceed the
				requirements for licensure for licensure for the Board; and
16.1.2. Has demonstrated competency in
				optometry as determined by the Board; and
16.1.3. Has not committed any act in any
				jurisdiction that would have constituted grounds for refusal, suspension or
				revocation of a license to practice that occupation in this state at the time
				the act was committed; and
16.1.4.
				Is in good standing; has not been disciplined by the agency that has had
				jurisdiction to issue the license, certification or permit; and has no pending
				complaints.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-17 - Military Spouse License

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The Board
				shall issue a license to the spouse of a resident member of the military who is
				assigned to active duty in this state if the spouse satisfies the following
				conditions:
17.1.1. Holds a current license
				from another jurisdiction, and that jurisdiction's requirements for licensure
				are substantially equivalent to or exceed the requirements for licensure of the
				Board; and
17.1.2. Has demonstrated
				competency in optometry as determined by the Board, such as having completed
				continuing education units or having had recent experience for at least two of
				the five years preceding the date of the application; and
17.1.3. Has not committed any act in any
				jurisdiction that would have constituted grounds for refusal, suspension or
				revocation of a license to practice that occupation in this state at the time
				the act was committed; and
17.1.4.
				Is in good standing; has not been disciplined by the agency that had
				jurisdiction to issue the license to practice, certification or permit; and has
				no pending complaints.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-18 - Temporary Permits for Military Trained Applicants and Their Spouses

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Any
				military-trained applicant, or his or her spouse who has been licensed in
				another jurisdiction, if the licensing jurisdiction has licensure standards
				substantially equivalent to the standards for licensure of the Board, shall be
				eligible for a temporary license permit while the applicant is satisfying
				licensure requirements of the Board. The temporary practice permit shall be
				issued using the same information as provided by the applicant in the licensure
				application and remain valid for one year or the required renewal or until a
				license is granted by the Board. A temporary practice permit may be denied or
				revoked for a pending complaint after notice is provided.
18.2. The temporary permit, if issued, shall
				be in effect for the period of one year or the required renewal date for
				optometrists, or until a license is granted by the Board. All initial fees for
				applications under this section shall be waived by the
				Board
.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-19 - Submission of Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1 All
				required documentation shall be submitted with the applicant's application for
				licensure. All forms are available from the Board.
19.2. The applicant shall attest to the
				validity of the information provided by signing a written declaration provided
				by the Board. The declaration will state that any falsification, omission or
				withholding of information of facts regarding eligibility shall be sufficient
				grounds for the suspension, cancellation, or revocation of his or her optometry
				license or temporary permit.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-02 - Oral Pharmaceutical Certificate › Section 14-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the requirements, procedures and standards for the
				certification and re-certification of licensees to obtain an oral
				pharmaceutical certificate.
1.2.
				Authority. -- W. Va. Code §
									30-8-6,
				§
									30-8-9,
				and § 30-8-14.
1.3. Filing
				Date. -- August 12, 2011.
1.4.
				Effective Date. -- August 19, 2011.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-02 - Oral Pharmaceutical Certificate › Section 14-2-2 - Requirements For Oral Pharmaceutical Certificate

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. To be permitted to prescribe oral drugs
				under the provisions of W. Va. Code §§
									30-8-9 and
				30-8-14, a
				licensee shall apply to the Board for certification. To qualify for
				certification, a licensee:
2.1.a. Shall
				satisfactorily complete a course in clinical pharmacology as applied to
				optometry. This course shall have particular emphasis on the administration of
				oral pharmaceutical agents for the diagnosis and treatment of visual defects or
				abnormal conditions of the human eye and its appendages. In addition, the
				course shall include instruction on the clinical use of Schedule III, IV, and V
				agents. This course shall consist of a minimum of thirty (30) hours in clinical
				systemic pharmacology. The course shall be taught by:
2.1.a.1. a school or college of optometry or
				a medical school, accredited by a regional or professional accreditation
				organization which is recognized or approved by the council on postsecondary
				accreditation or by the United States Department of Education;
2.1.a.2. a federally sponsored health
				education center; or
2.1.a.3. other
				non-profit continuing education agencies in cooperation with appropriate
				optometry or medical school faculty. All courses of instruction shall be
				approved by the Board; and
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-02 - Oral Pharmaceutical Certificate › Section 14-2-3 - Certificate Application

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				licensee shall complete the prescribed oral pharmaceutical certificate
				application form.
3.2. The licensee
				shall submit a certificate of successful completion by the licensee for the
				course listed in section 2 of this rule. The Board or its designee shall verify
				successful completion of the course directly with the provider.
3.3. The licensee shall submit the passing
				score report for the examination listed in 2.1.b. of this rule. The Board or
				its designee shall verify passage of the examination directly with the
				provider.
3.4. The licensee shall
				submit a copy of a liability insurance certificate in an amount of not less
				than one million dollars ($1,000,000) per occurrence and three million
				($3,000,000) aggregate coverage.
3.5. The licensee shall submit the fee listed
				in the Board's rule, Schedule of Fees, W. Va. Code of State Rules,
				§14CSR5.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-02 - Oral Pharmaceutical Certificate › Section 14-2-4 - Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Upon the
				licensee's successful completion of the requirements and application listed in
				sections 2 and 3 and approval by the Board or its designee a certificate may be
				issued.
4.2. Upon issuance of the
				certificate, the licensee's license number shall be changed. The license number
				will be followed by a dash and "OD" for oral prescriptive authority.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-02 - Oral Pharmaceutical Certificate › Section 14-2-5 - Re-certification

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				certificate holder applying for re-certification shall have available for the
				Board, satisfactory evidence that he or she has acquired the continuing
				education hours required under the W. Va. Code of State Rules, §14CSR10
				and this rule, to renew his or her annual license. Of those required hours, an
				optometrist certified under the provisions of this rule shall furnish to the
				Board satisfactory evidence that at least six (6) hours of the required hours
				were acquired in educational optometric programs in ocular pathology or
				therapeutic pharmacological agents.
5.2. The certificate holder shall submit a
				copy of a liability insurance certificate in an amount of not less than one
				million dollars ($1,000,000) per occurrence and three million ($3,000,000)
				aggregate coverage.
5.3. The
				certificate holder shall submit the fee listed in the W. Va. Code of State
				Rules, §14CSR5, Schedule of Fees.
5.4. It is the responsibility of each
				licensee to furnish proof of current liability insurance coverage to the Board
				upon application for certification and re-certification.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-02 - Oral Pharmaceutical Certificate › Section 14-2-6 - Insurance

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All licensees
				certified under this rule shall carry liability insurance coverage in an amount
				of not less than one million dollars ($1,000,000) per occurrence and three
				million dollars ($3,000,000) aggregate coverage. No licensee shall practice
				under the provisions of this rule unless and until he or she has submitted to
				the board evidence of the liability insurance coverage in an amount not less
				than one million dollars ($1,000,000) per occurrence and three million dollars
				($3,000,000) aggregate coverage.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-02 - Oral Pharmaceutical Certificate › Section 14-2-7 - Drug Formulary

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Licensees certified under the provisions of this rule may prescribe the drugs
				set forth in W. Va. Code §§
									30-8-9,
				30-8-14
				and this section.
7.2. W. Va. Code
				§
									30-8-6
				authorizes the Board to develop a formulary of categories of oral drugs to be
				considered rational to the diagnosis and treatment of visual defects or
				abnormal conditions of the human eye and its appendages from Schedules III, IV
				and V, excluding Schedule I and Schedule II of the Uniform Controlled
				Substances Act. The categories include:
7.2.a.
				Oral Antibiotics;
7.2.b. Oral
				Nonsteroidal Anti-inflamatory Drugs;
7.2.c. Oral Carbonic Anhydrase
				Inhibitors;
7.2.d.
				Antihistamines;
7.2.e. Oral
				Corticosteroids, may be prescribed for a duration of no more than six
				days;
7.2.f. Analgesics, provided
				that no oral narcotic analgesic may be prescribed for a duration of more than
				three days; and
7.2.g. Nutritional
				Supplements.
7.2.h. New drugs or
				new drug indications from Schedules III, IV and V, excluding Schedule I and
				Schedule II of the Uniform Controlled Substances Act which, regardless of their
				listed classification, have been shown to be effective in the examination,
				diagnosis or treatment of diseases and conditions of the human eye and its
				appendages may be approved by the Board according to the provisions of W. Va.
				Code §§
										30-8-9 and
				30-8-14.
7.2.i. A list of approved new drugs and new
				drug indications proven to be effective in the examination, diagnosis or
				treatment of diseases and conditions of the human eye and its appendages will
				be maintained by the Board for public inspection.
7.2.j. The approval of Schedule I and
				Schedule II drugs is prohibited.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-02 - Oral Pharmaceutical Certificate › Section 14-2-8 - New Drug Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				addition of new drugs or drug indications by the Board as cited in subsection
				7.2 of this rule may be based on any of the following criteria:
8.1.a. A new or existing drug has been
				approved by the Food and Drug Administration for the treatment of the eye or
				its appendages.
8.1.b. A new drug
				or new drug indication has gained accepted use in the eye care field. Such
				acceptance may be indicated by its inclusion in the curriculum of an optometry
				school accredited by the Accreditation Council on Optometric Education or its
				successor approved by the U.S. Department of Education or approved
				post-graduate continuing education, through peer-reviewed, evidence-based
				research and professional journal articles, or by inclusion in established
				standards of practice and care published by professional
				organizations.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-02 - Oral Pharmaceutical Certificate › Section 14-2-9 - Education and Training on the Use of New Drugs and New Drug Indications

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Additional
				education and training may be required by the Board as it deems appropriate
				when it adds new drugs or new drug indications.
9.2. This training may be provided through an
				optometry school accredited by the Accreditation Council on Optometric
				Education or its successor recognized by the U.S. Department of Education or
				approved post-graduate training.
9.3. A list of Board required training for
				new drugs or new drug indications will be maintained by the Board for public
				inspection.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-02 - Oral Pharmaceutical Certificate › Section 14-2-10 - Restrictions

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A certificate
				holder may not establish a pharmacy in an optometric office or sell oral
				pharmaceutical agents prescribed in treatment unless there is a licensed
				pharmacist on staff and present when the prescriptions are filled.
10.1.a. The certificate holder may also pass
				on to the patient a charge for any medications provided to initiate treatment
				which reflects only the actual amount paid by the optometrist for the agents.
				In no event shall an optometrist increase the cost of the pharmaceutical agent
				beyond the wholesale cost of that medication.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-03 - Contested Case Hearing Procedure › Section 14-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies the procedure for the adjudication of contested case hearings
				before the Board.
1.2. Authority.
				-- W. Va. Code §§
									30-8-1
				et seq. and 30-1-1 et seq.
1.3.
				Filing Date. -- January 4, 2011.
1.4. Effective Date. -- February 5,
				2011.