West Virginia Code of State Rules › Agency 10 - Licensed Practical Nurses › Title 10 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF EXAMINERS FOR LICENSED PRACTICAL NURSES › Series 10-02 - Policies Regulating Licensure of the Licensed Practical Nurses › Section 10-2-14 - Investigations

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Upon
				complaint or on its own initiative, the board or its representative may
				investigate conduct which is occurring or has occurred which violates West
				Virginia Code § 30-7A-1 et seq., or rules governing the practice of
				licensed practical nursing.
14.2.
				For the purpose of conducting investigations:
14.2.a. The executive secretary or
				chairperson of the board may subpoena documents or witnesses;
14.2.b. The board may depose witnesses, take
				sworn statements, and collect other evidence;
14.2.c. The board may require a criminal
				history records check. The licensee under investigation shall furnish to the
				agency a full set of fingerprints for purposes of conducting a criminal history
				record check. Records are checked through the criminal identification bureau of
				the West Virginia State Police, a similar agency within the licensee's state of
				residence, and the United States Federal Bureau of Investigation.
14.2.d. The board may institute proceedings
				in the courts of this state to enforce its subpoenas for the production of
				documents and witnesses and its orders and to restrain and enjoin violations of
				West Virginia Code § 30-7A-1 et seq., or rules governing the practice of
				licensed practical nursing;
14.2.e.
				The board shall review medical records during the course of its investigation,
				and shall remove patient identifying information from records which are
				introduced as evidence at any disciplinary hearing;
14.2.f. The board, or its representatives
				within the limits of authority granted by the board, may employ investigators,
				consultants and other employees as necessary to assist in an
				investigation;
14.2.g. All powers
				of the board and its representatives may be exercised to investigate a matter,
				even if a hearing or disciplinary action does not result from the investigative
				findings; and
14.2.h. Upon a
				finding of probable cause that a basis for disciplinary action exists, the
				board may require a licensed practical nurse to submit to a physical or mental
				examination by a practitioner approved by the board. Any individual who applies
				for or accepts the privilege of practicing as a licensed practical nurse in
				this state is considered to have given consent to submit to all these
				examinations when requested to do so in writing by the board and to have waived
				all objections to the admissibility of the testimony or examination report of
				any examining practitioner on the grounds that the testimony or report is
				privileged communication. If an applicant or licensee fails or refuses to
				submit to an examination under circumstances which the board finds are not
				beyond his or her control, this failure is prima facie evidence of his or her
				inability to practice as a licensed practical nurse competently and in
				accordance with accepted standards of practical nursing practice. A licensed
				practical nurse or person applying for licensure as a licensed practical nurse
				who is adversely affected by this provision may request a hearing before the
				board within thirty days of any action taken by the board.