reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-01B - Licensure, Practice Requirements, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants › Section 11-1B-18 - Denial of Licensure and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The Board may deny an application for
				license, or other authorization to practice as a physician assistant and may
				discipline a physician assistant licensed or registered by the Board who, after
				a hearing, has been adjudged by the Board as unqualified due to any of the
				following reasons:
18.1.1. Conduct by a
				physician assistant which is equivalent to any of the grounds cited for the
				discipline of physicians or podiatric physicians in W. Va. Code §
										30-3-14(c) or
				section 12 of the Board's rule 11 CSR 1A;
18.1.2. Failure to comply with any portion of
				this rule, the provisions of W. Va. Code §
										30-3E-1
et seq
.
				and any other rule of the Board;
18.1.3. Practicing as a physician assistant:
18.1.3.a. In the absence of an active
				practice notification;
18.1.3.b.
				Outside or beyond the scope of an active practice notification; or
18.1.3.c. Beyond his or her level of
				competence, education, training and/or experience;
18.1.4. Prescribing, ordering, administering
				or dispensing a prescription drug that the physician assistant is not
				authorized to prescribe, order, administer or dispense.
18.1.5. Prescribing any controlled substance
				to or for himself or herself, or to or for any member of his or her immediate
				family;
18.1.6. Failure of a
				physician assistant to:
18.1.6.a. Notify the
				Board that an active practice notification has been terminated in the required
				time frame; or
18.1.6.b. Maintain a
				copy of his or her license and active practice notification in each primary
				place of practice;
18.1.7. Impersonation of a licensed
				physician, podiatric physician or another licensed physician
				assistant;
18.1.8.
				Misrepresentation that the physician assistant is a physician, that the
				physician assistant is currently certified by the NCCPA, or that the physician
				assistant holds any position for which he or she is not qualified by license,
				training, or experience;
18.1.9.
				Knowingly permitting another person to misrepresent the physician assistant as
				a physician;
18.1.10. Allowing an
				employment relationship to exert undue influence on sound clinical judgment or
				on the physician assistant's professional role and patient obligations;
				or
18.1.11. Misrepresentation or
				concealment of any material fact in obtaining any certification, registration,
				or license or a reinstatement or reactivation of any certification,
				registration or license related to his or her practice as a physician
				assistant.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-02 - Establishment And Regulation Of Restricted License Issued To an Applicant In Extraordinary Circumstances › Section 11-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- W.
				Va. Code §
									30-3-10(e)
				provides for the issuance of a restricted license by the Board to an applicant
				in extraordinary circumstances under certain specific conditions and W. Va.
				Code §
									30-3-10(f)
				requires that rules be promulgated that establish and regulate the restricted
				license issued to an applicant in extraordinary circumstances.
1.2. Authority. -- W. Va. Code §
									30-3-10(f).
1.3. Filing date. -- May 6, 2009.
1.4. Effective date. -- June 1, 2009.
.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-02 - Establishment And Regulation Of Restricted License Issued To an Applicant In Extraordinary Circumstances › Section 11-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. As used in
				this rule, the following words and terms have the following meanings:
2.1.a. "Extraordinary circumstances" means
				circumstances where the physician has achieved a high level of academic or
				professional recognition for excellence in research, teaching, specialty or the
				practice of medicine as evidenced by objective factors.
2.1.b. "Restricted license in extraordinary
				circumstances" means a license which contains limitations or conditions
				including but not limited to the following:
2.1.b.1. Practice location;
2.1.b.2. Practice setting;
2.1.b.3. Specialty area of
				practice;
2.1.b.4. Practice
				procedures;
2.1.b.5. Hours and
				length of practice;
2.1.b.6. Type
				of patients;
2.1.b.7. Sitting for
				and successful completion of examination(s);
2.1.b.8. Evaluations and treatment;
2.1.b.9. Education; and,
2.1.b.10. Monitoring and
				supervision.
2.1.c.
				"Restricted licensee" means a person licensed pursuant to this rule.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-02 - Establishment And Regulation Of Restricted License Issued To an Applicant In Extraordinary Circumstances › Section 11-2-3 - Issuance of License in Extraordinary Circumstances

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board may issue a restricted license
				in extraordinary circumstances to an applicant who meets the criteria
				established by this rule.
3.2.
				After reviewing the application and interviewing the applicant, the Board makes
				written findings describing:
3.2.a. The
				applicant's exceptional education, training and practice credentials, including
				but not limited to, academic appointments, length of time in a profession,
				specialty, scholarly publications and presentations, professional
				accomplishments, and awards;
3.2.b.
				How the applicant's practice in the state would be beneficial to the public
				welfare;
3.2.c. The applicant's
				specialty and the need of that specialty;
3.2.d. How the applicant's education,
				training and practice credentials are substantially equivalent to the
				requirements of licensure established in W. Va. Code §
										30-3-10;
				and,
3.2.e. That the applicant
				received his or her post-graduate medical training outside of the United States
				and its territories.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-02 - Establishment And Regulation Of Restricted License Issued To an Applicant In Extraordinary Circumstances › Section 11-2-4 - Regulation of Restricted License in Extraordinary Circumstances

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Restricted
				licensee is subject to all the provisions of the West Virginia Medical Practice
				Act, W. Va. Code §
									30-3-1 et
				seq. and all rules.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-02 - Establishment And Regulation Of Restricted License Issued To an Applicant In Extraordinary Circumstances › Section 11-2-5 - Change in Restricted License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The board may, upon its own motion or upon the request of a restricted
				licensee, by a vote of three fourths of its members, authorize changes in
				restrictions applicable to a restricted license. The board may authorize
				changes under this subsection only upon a finding that the changes are
				appropriate, necessary and in the public interest.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-02 - Establishment And Regulation Of Restricted License Issued To an Applicant In Extraordinary Circumstances › Section 11-2-6 - Conversion of Restricted License to Standard License

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The board may convert the restricted
				license to a standard license upon application of a restricted licensee who
				later meets the requirements for a standard license.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule governs all regularly scheduled meetings and special meetings
				of the West Virginia Board of Medicine (the "Board") and establishes procedures
				for Complaints and for the adjudication of formal contested case hearings,
				except those hearings held under the provisions of W. Va. Code §30-
				3-14(k) where action is taken by the Board on a temporary basis prior to a
				hearing.
1.2. Authority. -- W. Va.
				Code §§
									6-9A-3,
				29A-5-1
				and
				30-3-7.
1.3. Filing Date. -- May 10, 2010.
1.4. Effective Date. -- June 10,
				2010.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application
				and enforcement. -- This procedural rule applies to the Board and to any and
				all individuals desiring to attend Board meetings, to complaints, and to any
				person involved in a contested case proceeding as defined in W. Va. Code §
									29a-1-2(b),
				1931, as amended. The enforcement of these rules shall be vested in the
				Board.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-3 - Regular Meetings Established; Time, Place

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board shall meet in regular session
				on the second Monday of alternate months: Provided, That when such date falls
				upon a legal holiday, the Board may designate another date by a majority of a
				quorum of the Board: Provided further, That the Board may change its regular
				meeting dates by resolution of a majority of its members.
3.2. The Board shall convene all regular
				meetings at nine a.m., unless otherwise changed by a majority vote of a quorum
				of the Board.
3.3. The Board shall
				convene all regular meetings at the Offices of the West Virginia Board of
				Medicine, Dee Drive, Charleston, West Virginia 25311, unless otherwise changed
				by a majority vote of a quorum of the Board.
3.4. The Board may, without notice, move the
				location of the meeting to accommodate members of the public who wish to attend
				such meeting, in the event the meeting room is too small to accommodate such
				attendance.
3.5. All regular
				meetings shall be general meetings for the consideration of any and all matters
				which may properly come before the Board.
3.6. The date, time, place and agenda of all
				regularly scheduled meetings shall be made available to the public and news
				media prior to the meeting.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-4 - Special Meetings; Notice Required, Time, Place And Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board may
				convene special meetings in accordance with the procedures established
				herein.
4.2. Special meetings of
				the Board may be called by the joint action of the President and
				Vice-President, or by any three (3) members of the Board, upon seven (7) days'
				prior written notice by mail postage prepaid, or electronic means, or in case
				of emergency, on two (2) days' notice by telephone and electronic
				means.
4.3. The Board shall send to
				all members in advance of a special meeting a written notice setting forth the
				time and place of such special meeting and the matters to be considered at such
				special meeting: Provided, That such written notice is not required if the
				time, place and matter for consideration have been fixed in a regular meeting
				or if the emergency nature of a special meeting precludes other than notice by
				telephone or personal contact.
4.4.
				The Board shall cause by electronic means notification of the public and the
				news media by issuing a public notice of such special meeting as expeditiously
				as possible. The public notice shall contain the date, time, place and purpose
				of the meeting. A copy of the public notice shall be filed with the office of
				the Secretary of State.
4.5. The
				provisions of this section shall not apply in the event of an emergency
				requiring immediate official action by the Board. An emergency meeting notice
				may be filed at any time prior to the emergency meeting. The emergency meeting
				notice shall state the date, time, place and purpose of the meeting and the
				facts and circumstances of the emergency.
4.6. Meetings may be held by telephone
				conference or other electronic means.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-5 - Proceedings To Be Open; Exceptions; Executive Session Permitted; Broadcasting and Recording

Current through Register Vol. XLI, No. 28, July 12, 2024
All meetings of the Board shall be open to the public,
				  except as otherwise provided in W. Va. Code §§
									6-9A-4 and
				  30-3-6.
				  Except as otherwise provided in W. Va. Code §
									6-9A-9,
				  the Board shall permit any radio or television station to broadcast all or any
				  part of a meeting required to be open.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-6 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Board
				shall provide for the preparation of written minutes of all of its meetings.
				All minutes of open meetings shall be available to the public within a
				reasonable time after such meetings and shall include the following
				information:
6.1.a. The date, time and place
				of the meeting;
6.1.b. The name of
				each Board member present or absent;
6.1.c. All motions, proposals, resolutions,
				orders, ordinances and measures proposed, the name of the persons proposing the
				same and their disposition;
6.1.d.
				The results of all votes, and upon the request of a member, the vote of each
				member, by name; and
6.1.e. Minutes
				of executive sessions, if any are taken, may be limited to material which is
				not inconsistent with the provisions of W. Va. Code §
										6-9A-4.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-7 - Quorum; Majority Open Vote Required; Vote By Proxy Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
A majority of the members of the Board shall constitute a
				  quorum for the transaction of business, and business shall be transacted by
				  majority of a quorum except that votes on disciplinary actions shall require an
				  affirmative vote of five (5) members or a majority vote, whichever is greater.
				  Proxy voting or voting by secret or written ballot, are
				  prohibited.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-8 - Records Of The Board - Public Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
All records of open proceedings of the Board are public
				  records and shall be available to the public during the usual and customary
				  business hours of the Board.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-9 - Board Membership and Organization

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Members of the Board shall be appointed
				and serve as provided by W. Va. Code §
									30-3-5.
9.2. Every two (2) years, the Board shall
				elect from its members a President and Vice-President. The State Health Officer
				or his or her designee shall serve as Secretary of the Board. The Board may
				elect such other officers as it deems necessary to perform its
				duties.
9.3. The President shall
				preserve order and conduct all proceedings according to and by parliamentary
				rules, and demand conformity thereto on the part of the members. The President
				shall appoint all committees, unless otherwise ordered by the Board or
				specifically provided by law, and notify any appointee of his or her
				appointment and he or she shall sign his or her name as President to the
				certificates and licenses authorized to be signed by the President.
9.4. The Vice-President shall act as
				President in the absence of the President.
9.5. The Board shall keep true records of all
				general and special acts of the Board and all papers of value and shall
				preserve a record of all individuals licensed or disciplined by the Board. The
				Secretary shall sign certificates and licenses authorized to be issued by the
				Board and shall perform all such duties as naturally pertain to his or her
				office.
9.6. The Board may employ
				an Executive Director who shall work under the immediate supervision of the
				President and Secretary in administering the day-to-day activities of the
				Board.
9.7. The Board may appoint,
				employ or contract with duly licensed physicians, or podiatrists, or physician
				assistants, as appropriate, to serve as medical or podiatric consultants to the
				Board on a part-time basis. A medical or podiatric consultant shall be vested
				with the following powers and shall perform the following duties:
9.7.a. Review matters requiring medical
				expertise for decision to come to the attention of the Board;
9.7.b. Provide medical advice to the
				Executive Director and the investigative staff in all matters requiring
				pertinent medical knowledge; and
9.7.c. Medically evaluate investigative
				reports, when necessary, and assist in the preparation of matters to be heard
				by the Board or any matter in which the Board is involved.
The authority so delegated is not intended to divest the
				  Board of the power to elect to perform any such function at any regular or
				  special meeting of the Board, but is a delegation to enable the performance of
				  these Board functions at such times as the Board is not in session, and to
				  assist the Board in the more efficient and lawful handling of its
				  affairs.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-10 - Reports And Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any
				person, medical peer review committee, firm, corporation, member of the Board
				or public officer may make a complaint to the Board which charges a physician,
				podiatrist, or physician assistant with a violation of the West Virginia
				Medical Practice Act or of the Rules of the Board. The Board shall provide a
				form for such purpose. In addition to describing the alleged violation which
				prompted the complaint, the complaint shall contain the following:
10.1.a. The name and address of the
				individual(s) against whom the complaint is lodged;
10.1.b. The date of care;
10.1.c. The name(s) of individual(s) who may
				have treated the patient after the alleged incident; and
10.1.d. 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 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-12 - Transcription Of Reported Testimony And Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be reported by
				stenographic notes and characters or by mechanical means.
12.2. Upon request to the Board by any party
				to the hearing, all reported materials shall be transcribed and a copy thereof
				furnished to such party at his or her expense.
12.3. In all cases where a hearing examiner
				is appointed, all reported materials shall be transcribed and forwarded to
				Board members. A party who requests a copy of a transcript prepared pursuant to
				this subsection shall be furnished a copy at his or her expense.
12.4. The Board shall have the responsibility
				to make arrangements for the transcription of the reported testimony and
				evidence. In the event transcription is required pursuant to this section, it
				shall be accomplished within a reasonable time.
12.5. Upon the motion of the Board or any
				party assigning error or omission in any part of any transcript, the Board,
				through the President or its duly 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 revised in
				the respects designated, so as to make it conform to the whole truth.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-13 - Submission Of Proposed Findings Of Fact And Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Any party may
				submit proposed findings of fact and conclusions of law within thirty (30) days
				of the conclusion of a hearing, or within twenty (20) days from the date the
				final transcript is available to all parties and to all members of the Board.
				Transcripts of the hearing shall be provided to members of the Board for review
				at least ten (10) days before the vote on the proposed findings of fact and
				conclusions of law is called.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-14 - Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				President, with the approval of a majority of the Board, may appoint hearing
				examiners on an annual basis who shall be empowered to subpoena witnesses and
				documents, administer oaths and affirmations, examine witnesses under oath,
				rule on evidentiary questions, hold conferences for the settlement or
				simplification of issues by consent of the parties and otherwise conduct
				hearings as provided in Section 11.5 herein. If a hearing examiner is appointed
				under this section, he or she shall make proposed findings of fact and
				conclusions of law.
14.2. The
				President, with the approval of a majority of the Board, may appoint one or
				more members of the Board to serve as hearing examiner(s) for the purpose of
				conducting any hearing on behalf of the Board.
14.3. The hearing examiner shall submit
				written findings of fact and conclusions of law to the Board pursuant to W. Va.
				Code §
									29A-5-3, and
				the Board may adopt, modify or reject such findings of fact and conclusions of
				law.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-15 - Conferences; Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. At any time prior to the hearing or
				thereafter, the President, his or her designee or his or her duly appointed
				hearing examiner may hold conferences for the following purposes:
15.1.a. To dispose of procedural requests or
				similar matters;
15.1.b. To
				simplify or settle issues by consent of the parties; or
15.1.c. To provide for the disposition of
				cases by stipulation, agreed settlement or consent order.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-16 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
Evidentiary depositions may be taken and read into evidence
				  as in civil actions in the circuit courts of this State.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-17 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The President
				or his or her designee shall have the power to issue subpoenas or subpoenas
				duces tecum pursuant to the provisions set forth in W. Va. Code §
									29A-5-1(b).
17.2. Written requests for the issuance of
				subpoenas or subpoenas duces tecum as provided in subsection 17.1 of this rule
				shall be made no later than ten (10) days before a scheduled hearing.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-18 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Any final
				order entered by the President or his or her designee following a hearing
				conducted pursuant to these rules, shall be made pursuant to the provisions of
				W. Va. Code §
									29A-5-3. 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.
18.2. 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 or special 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 respondent within five (5) days after entry by the Board, in person or
				by means of registered or certified mail sent to the party and his or her
				counsel.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-19 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
An appeal from any final order entered in accordance with
				  this rule shall comply with the provisions of W. Va. Code §
									29A-5-4.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-04 - Fees For Services Rendered By The Board Of Medicine Including Assistance To The Board-Designated Physician Health Program › Section 11-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the fees to be charged by the Board of Medicine
				for services rendered including assistance to the board-designated physician
				health program.
1.2. Authority. --
				W. Va. Code §§
									30-3-7(a)(1)
				and (5);
				30-3-9(h);
				30-3D-1
				et. seq.
1.3. Filing Date. -- April
				6, 2010.
1.4. Effective Date. --
				May 1, 2010.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-04 - Fees For Services Rendered By The Board Of Medicine Including Assistance To The Board-Designated Physician Health Program › Section 11-4-2 - Schedule of Fees For Physicians and Podiatrists including Assistance to The Board-Designated Physician Health Program

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Medical Licensure Application Fee --
				$400.00, $50.00 of which shall be promptly disbursed by the board to the
				physician health program.
2.2.
				Podiatric Licensure Application Fee -- $400.00, $50.00 of which shall be
				promptly disbursed by the board to the physician health program.
2.3. Temporary Medical or Podiatric License
				Fee -- $100.00.
2.4. Active Medical
				and/or Podiatry Biennial Renewal Fee -- $400.00, $50.00 of which shall be
				promptly disbursed by the board to the physician health program.
2.5. Inactive Medical and/or Podiatry
				Biennial Renewal Fee -- $150.00, $25.00 of which shall be promptly disbursed by
				the board to the physician health program.
2.6. Limited Medical School Faculty Initial
				Licensure Application Fee and Renewal Fee -- $150.00.
2.7. Limited Medical School Faculty Fee for
				Physician Health Program Assistance -- $50.00 to be paid with initial limited
				medical school faculty licensure application fee and with limited medical
				school faculty renewal fee, which $50.00 fee shall be promptly disbursed by the
				board to the physician health program.
2.8. Medical and Podiatry Examination Score
				Endorsement or Written Licensure Verification Fee -- $25.00.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-04 - Fees For Services Rendered By The Board Of Medicine Including Assistance To The Board-Designated Physician Health Program › Section 11-4-3 - Schedule of Fees For Physician Assistants, including Assistance to The Board-Designated Physician Health Program

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Physician Assistant Licensure
				Application Fee -- $200.00.
3.2.
				Temporary Physician Assistant Licensure Fee -- $50.00.
3.3. Physician Assistant Biennial Renewal Fee
				-- $100.00.
3.4. Physician
				Assistant Fee for Physician Health Program Assistance -- $50.00 to be paid with
				physician assistant licensure application fee and with physician assistant
				biennial renewal fee, which $50.00 fee shall be promptly disbursed by the board
				to the physician health program.
3.5. Physician Assistant Examination Score
				Endorsement or Written Licensure Verification Fee -- $25.00.
3.6. Prescriptive Writing Privileges Fee --
				$50.00.
3.7. Change or Addition of
				Supervising Physician Fee -- $50.00.
3.8. Change or Addition of Job Location Fee
				-- $50.00.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-04 - Fees For Services Rendered By The Board Of Medicine Including Assistance To The Board-Designated Physician Health Program › Section 11-4-4 - Schedule of Fees For Medical and Podiatric Corporations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Medical and Podiatry Corporation
				Application Fee -- $500.00.
4.2.
				Medical and Podiatry Corporation Biennial Registration Fee --
				$250.00.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-05 - Dispensing of Prescription Drugs by Practitioners › Section 11-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- West
				Virginia Code §
									30-3-7(a)(1)
				and § 30-3E-2(3) authorize the Board of Medicine to promulgate rules
				related to the regulation and control of controlled substances by a
				practitioner.
1.2. Authority. -- W.
				Va. Code §§
									30-3-7(a)(1),
				30-3E-2(3)
				and
				60A-3-301.
1.3. Filing Date. -- May 9, 2022.
1.4. Effective Date. -- June 1,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2027.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-05 - Dispensing of Prescription Drugs by Practitioners › Section 11-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "The Board"
				means the West Virginia Board of Medicine.
2.2. "Administer" means the direct
				application of any prescription drug whether by injection, inhalation,
				ingestion or any other means, to the body of a patient or research subject by:
2.2.a. A physician or podiatric physician, or
				his or her authorized agent;
2.2.b.
				A physician assistant practicing in collaboration with physicians; or
2.2.c. The patient or research subject at the
				direction and in the presence of the practitioner.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-05 - Dispensing of Prescription Drugs by Practitioners › Section 11-5-3 - Registration to Dispense or Administer Controlled Substances Required; Application and Registration Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				A practitioner who dispenses a controlled substance to a patient under his or
				her care within West Virginia, including free or professional samples of
				controlled substances, shall first register with the Board as a registered
				controlled substance dispensing practitioner. A separate registration is
				required for each practice location where the practitioner dispenses controlled
				substances.
3.2. A practitioner who
				administers a controlled substance to a patient under his or her care in an
				office based setting within West Virginia shall first register with the Board
				as a registered controlled substance dispensing practitioner. A separate
				registration is required for each practice location where the practitioner
				administers controlled substances. This registration requirement does not apply
				to practitioners who administer controlled substances exclusively to patients
				who are receiving inpatient health care services at a hospital or other
				inpatient health care facility, a hospital-based emergency department, or an
				ambulatory surgical center.
3.3. An
				application for registration as a registered controlled substance dispensing
				practitioner at one or more locations shall be completed on a Board-approved
				application. The Board's controlled substance dispensing application shall
				include, and applicants must provide, the following information:
3.3.a. The applicant's full name and West
				Virginia Board of Medicine license number;
3.3.b. The applicant's current individual
				Drug Enforcement Agency (DEA) controlled substance registration
				number;
3.3.c. Verification by the
				applicant that he or she is currently registered to access the West Virginia
				Controlled Substance Monitoring Program ("WVCSMP"), if required to be so
				registered by law, and that he or she understands his or her obligation to
				report the dispensing of controlled substances to the WVCSMP; and
3.3.d. The practice name, physical address
				and telephone number of each practice location where the applicant seeks to be
				registered to dispense and/or administer controlled substances.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-05 - Dispensing of Prescription Drugs by Practitioners › Section 11-5-4 - Registration not Required for Practitioners Dispensing and Administering Prescription Drugs Which are not Classified as Controlled Substances

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A practitioner
				may dispense or administer prescription drugs which are not classified as
				controlled substances to patients under his or her care without registering
				with the Board. However, he or she may be required to report office-based
				dispensing activity on his or her biennial license renewal
				application.
4.2. A drug dispensing
				practitioner, regardless of registration status, shall comport his or her
				dispensing practice with the requirements set forth in this rule, and with all
				applicable state and federal rules and regulations.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-05 - Dispensing of Prescription Drugs by Practitioners › Section 11-5-7 - Additional Requirements for the Dispensing of Controlled Substances

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A licensee of
				this Board who is not a registered controlled substance dispensing
				practitioner, or who is ineligible to register, shall not dispense or
				administer any controlled substances at any outpatient or office-based practice
				location in West Virginia.
7.2.
				When dispensing a prescription drug that is classified as a controlled
				substance, a registered controlled substance dispensing practitioner shall make
				all required reports to the West Virginia Controlled Substance Monitoring
				Program ("CSMP"). Reports to the CSMP may also be required for certain
				prescription drugs which are not classified as controlled substances, and as
				set forth in § 15 CSR 8.
7.3.
				A practitioner shall not issue a prescription to obtain a controlled substance
				drug for dispensing to patients or for "office use." A practitioner may obtain
				controlled substances from a pharmacy for office use, but must do so by
				providing appropriate documentation through the use of an invoice or other
				federally required documentation or forms.
7.4. When dispensing a controlled substance a
				registered controlled substance dispensing practitioner shall comport his or
				her dispensing practice with all applicable state and federal laws.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-05 - Dispensing of Prescription Drugs by Practitioners › Section 11-5-8 - Returned or Surrendered Drugs; Authorization and Procedures for Destruction; Prohibition on Reuse

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In accord with
				current federal DEA regulations, licensees of the Board are prohibited from
				accepting unused and/or unwanted controlled substances from or on behalf of
				patients.
8.2. A licensee may refer
				individuals in lawful possession of unwanted and unused controlled substances
				and who are seeking disposal assistance to:
8.2.a. Entities which are registered with the
				DEA as authorized collectors to receive the transfer from ultimate users of any
				unwanted and unused pharmaceutical controlled substances in their lawful
				possession for safe, secure, and responsible disposal pursuant to
				21
				C.F.R. §
											1317.40;
8.2.b. Local law enforcement operating
				federally authorized take-back events, mail-back programs, or collection
				receptacles; and/or
8.2.c. The DEA
				website for information regarding proper methods of self-disposal by the lawful
				possessor.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-05 - Dispensing of Prescription Drugs by Practitioners › Section 11-5-9 - Dispensing Records; Inspection and Audit of Dispensing Locations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A drug
				dispensing practitioner must maintain records that are available for inspection
				by the Board and any other state or federal entity authorized to conduct such
				an inspection. All dispensing records:
9.1.a.
				Shall be maintained for a period of at least five years; and
9.1.b. Must be readily retrievable.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-05 - Dispensing of Prescription Drugs by Practitioners › Section 11-5-10 - Disciplinary Action

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any
				violation of these rules shall constitute unprofessional conduct and shall
				subject the violator to disciplinary action by the Board under the provisions
				of West Virginia Code §§
									30-3-14
				and
				30-3E-17.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-06 - Continuing Education for Physicians and Podiatric Physicians › Section 11-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules address minimum requirements for continuing education
				satisfactory to the Board for physicians and podiatric physicians.
1.2. Authority. -- W. Va. Code §§
									30-1-7a and
				30-3-7.
1.3. Filing Date. -- April 30,
				2024.
1.4. Effective Date. -- July
				1, 2024.
1.5. Sunset Provision --
				This rule shall terminate and have no further force or effect upon August 1,
				2029.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-06 - Continuing Education for Physicians and Podiatric Physicians › Section 11-6-3 - Mandatory Continuing Education on Risk Assessment and Responsible Prescribing of Controlled Substances

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Mandatory Continuing Education Activity
				for Physicians and Podiatric Physicians Upon Initial Licensure -- Within one
				year of receiving an initial license to practice medicine and surgery or
				podiatry by the Board, and regardless of the licensee's scheduled renewal date,
				the licensee shall complete three hours of training in a Board-approved course
				on Risk Assessment and Responsible Prescribing of Controlled Substances. This
				requirement is waived for licensees who do not prescribe, administer, or
				dispense any controlled substances whatsoever pursuant to a West Virginia
				license. Completion of a Board-approved course on Risk Assessment and
				Responsible Prescribing of Controlled Substances during the initial year of
				licensure may be allocated towards a licensee's biennial continuing education
				obligation for the renewal period during which the course was
				completed.
3.2. Mandatory Biennial
				Continuing Education Activity for Renewing Physicians and Podiatric Physicians.
				-- Except as set forth in subsection 3.1, as a prerequisite to license renewal,
				a licensee who has prescribed, administered, or dispensed any controlled
				substance pursuant to a West Virginia license during the reporting period shall
				complete a three hour Board-approved course on Risk Assessment and Responsible
				Prescribing of Controlled Substances. This is a biennial requirement that must
				be satisfied during each reporting period, and may be used to satisfy three
				hours of continuing education requirements. This requirement is waived for
				licensees who do not prescribe, administer, or dispense any controlled
				substances pursuant to a West Virginia license during the reporting
				period.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-06 - Continuing Education for Physicians and Podiatric Physicians › Section 11-6-4 - Periodic Continuing Education Satisfactory to the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Physicians. -- Successful completion of
				a minimum of 50 hours of continuing medical education satisfactory to the Board
				during the preceding two-year period is required for the biennial renewal of a
				medical license. At least 30 hours of the required 50 hours must be related to
				the physician's area or areas of specialty.
Types and categories of continuing medical education
				  satisfactory to the Board for physicians are:
4.1.1. Continuing medical education
				designated as Category I by the AMA or the American Academy of Family
				Physicians.
4.1.2. Teaching medical
				education courses or lecturing to medical students, residents, or licensed
				physicians, or serving as a preceptor to medical students or residents. A
				physician may obtain a maximum of 20 hours of continuing medical education
				credit for this category of activity.
4.1.3. Passing a certification or
				recertification examination of one of the ABMS member boards, and receiving
				certification or recertification from said board during the reporting period,
				or successful involvement in maintenance of certification from said ABMS member
				board during the reporting period. Certification, recertification, or current
				successful involvement in maintenance of certification from any board other
				than one of the ABMS member boards does not qualify the recipient for any
				credit hours of continuing medical education. A maximum of 50 hours of
				continuing medical education credit may be awarded for this category of
				activity, but a physician shall only be awarded 47 hours of credit if the
				physician is a mandatory participant in the continuing education activity
				described in subsection 3.2 of this rule.
4.1.4. Successful completion during the
				reporting period of a minimum of 12 months of an ACGME approved post-graduate
				training program or fellowship. A maximum of 50 hours of continuing medical
				education credit may be awarded for this category of activity, but a physician
				shall only be awarded 47 hours of credit if the physician is a mandatory
				participant in the continuing education activity described in subsection 3.2 of
				this rule.
There are no other types or categories of continuing medical
				  education satisfactory to the Board for physicians.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-06 - Continuing Education for Physicians and Podiatric Physicians › Section 11-6-5 - Certification of Successful Completion of Continuing Education Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Certification.
				-- A renewal applicant shall, as a condition of licensure renewal, certify his
				or her successful completion of all required continuing education during the
				reporting period.
5.2. Form of
				Certification. -- The Board shall include a certification of successful
				completion of required continuing education on its biennial renewal
				application. The certification shall require the renewal applicant to:
5.2.1. Certify successful completion of all
				required continuing education;
5.2.2. Attest to the truthfulness and
				accuracy of the renewal applicant's statements regarding continuing education
				activities;
5.2.3. Acknowledge that
				any license issued based upon the renewal application is based upon the truth
				and accuracy of the applicant's statements and that if false information is
				submitted in the application, such act constitutes good cause for the
				revocation of the renewal applicant's license to practice in the State of West
				Virginia; and
5.2.4. Sign and date
				the certification.