reglab/statecodes huggingface dataset:
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 10-05 - Open Meetings And Bylaws › Section 10-5-13 - Vacancies in Elected Offices

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. President. In the event that the
				President is unable to complete his or her term of office, the Vice President
				shall become President for the remainder of the unexpired term.
13.2. Vice-President. In the event the Vice
				President is unable to complete his or her term of office a new Vice President
				shall be elected to serve the unexpired term.
13.3. Secretary. In the event that the
				secretary is unable to complete his or her term of office, a new secretary
				shall be elected to serve the unexpired term.
13.4. Treasurer. In the event of a vacancy in
				the position of Executive Secretary the President shall appoint a member of the
				board or staff to fulfill the duties until a new Executive Secretary is
				employed.
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 10-05 - Open Meetings And Bylaws › Section 10-5-14 - Resignation of Members

Current through Register Vol. XLI, No. 28, July 12, 2024
A member who wishes to resign should send a letter of
				  resignation to the Governor with a copy to his or her respective association
				  and a copy to the President of the board.
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 10-05 - Open Meetings And Bylaws › Section 10-5-15 - Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Disciplinary
				Review Committee
15.1.a. Composition. The
				committee shall be comprised of the President and two (2) additional members of
				the board who shall be appointed by the President..
15.1.b. Terms. The term of service is one (1)
				year beginning with the adjournment of the regular meeting during which
				elections are held.
15.1.c. Duties.
				The committee shall approve for dismissal all complaints if probable cause is
				not established. The committee may issue reprimands, accept voluntary surrender
				of a license and enter into consent agreements as appropriate for individuals
				found in violation of W. Va. Code §
										30-7A-1 et. seq., or rules and
				regulations of the board.
15.1.d.
				Meetings. The committee shall meet immediately prior to each regularly
				scheduled meeting of the board. The President may call additional meetings as
				needed to complete the duties of the committee. At the discretion of the
				President, the committee may transact business by electronic communication or
				by mail, providing that a report of each action is made available to each
				committee member at the next meeting of the committee. All meetings of the
				committee shall be closed to the public. All final actions of the committee
				shall be public.
15.1.e. Reports.
				The committee shall report all actions at the next regularly scheduled meeting
				of the board. The board shall ratify all actions taken by the
				committee.
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 10-05 - Open Meetings And Bylaws › Section 10-5-16 - Joint Nursing Regulatory Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Composition. The committee shall be
				comprised of three (3) members of the board who shall be appointed by the
				President.
16.2. Terms. The term of
				service is one (1) year beginning with the adjournment of the regular meeting
				during which elections are held.
16.3. Duties. The committee shall meet with
				the appointed representatives to the committee from the West Virginia Board of
				Examiners for Registered Professional Nurses and shall consider issues referred
				to them by either board of nursing or other issues of common interest to both
				boards of nursing.
16.4. Frequency
				of Meetings. The committee shall meet as needed to address issues before the
				committee.
16.5. Reports. The
				committee shall report final action on activities delegated to it by the board
				and on other activities of the committee at the next regularly scheduled
				meeting of the board.
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 10-05 - Open Meetings And Bylaws › Section 10-5-17 - Ad Hoc Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
The President of the board shall appoint ad hoc committees as
				  needed to accomplish the objectives established by the board. Appointment to
				  committees is not limited to members and may include any individual who will
				  best serve a particular committee.
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 10-05 - Open Meetings And Bylaws › Section 10-5-18 - Committee Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Meetings of committees of the board, with the exception of the disciplinary
				review committee, are open to the public, except as provided in W. Va. Code,
				§
									6-9A-4.
18.2. Committees may conduct meetings with
				one or more members participating by telephone conference call, video
				conference or other interactive means of conducting conference communications.
				Minutes shall reflect the names of participating members, names of members not
				participating and a report of a roll call on each vote. The public may attend
				meetings held by means of telecommunications devices. The location for public
				attendance shall be the board office unless otherwise announced.
18.3. The Executive Secretary shall send a
				written notice containing the time, place, and matters to be considered at
				least ten (10) business days in advance of any meeting of a committee of the
				board, to the Secretary of State, Capitol News Service, all programs of
				practical nursing, appropriate professional associations and state agencies, as
				well as persons and organizations who request information.
18.4. Each committee shall present a report
				of activities and any recommendations for action to the board at a regularly
				scheduled meeting as directed by the board.
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 10-05 - Open Meetings And Bylaws › Section 10-5-19 - Contested Case Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1.
				Contested case hearings shall be held before a quorum of the board or before an
				independent hearing examiner.
19.2.
				All contested case hearings are open to the public.
19.3. Contested case hearings shall be held
				as provided in W. Va. Code §§
									29A-5-1. et. seq., and 30-1-1.
				et. seq.
19.4. The board shall
				consider evidence gathered in a contested case hearing and shall determine
				denial, suspension, revocation or other disciplinary action in executive
				session.
19.5. All final decisions
				by the board to deny, suspend, revoke or otherwise discipline a license are
				public.
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 10-05 - Open Meetings And Bylaws › Section 10-5-20

Current through Register Vol. XLI, No. 28, July 12, 2024
Roberts' Rules of Order Newly Revised shall govern the
				  meetings of the board in applicable situations not addressed in these
				  rules.
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 10-05 - Open Meetings And Bylaws › Section 10-5-21

Current through Register Vol. XLI, No. 28, July 12, 2024
Amendments to this Open Meetings and Bylaws rule shall be
				  made in accordance with established procedures for promulgating procedural
				  rules, pursuant to Secretary of State's rule 153 CSR
				  6.
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 10-06 - Continuing Competence › Section 10-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes requirements for continuing competence to practice
				practical nursing. They set forth both continuing education requirements and
				minimum practice requirements.
1.2.
				Authority. -- WV Code §
									30-7A-5; § 30-1-7 a.
1.3. Filing Date. -- April 7,
				2014.
1.4. Effective Date. -- May
				15, 2014.
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 10-06 - Continuing Competence › Section 10-6-2 - Definition of Terms. Continuing Competence

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Approved provider" means a local, state
				or national agency, organization or association recognized by the
				board.
2.2. "Audit" means the
				selection of licensees for verification of satisfactory completion of
				continuing education and practice requirements during a specified time period;
				or the selection of approved providers for verification of adherence to
				continuing education approved provider requirements during a specified time
				period.
2.3. "Continuing education"
				means planned, organized learning activities engaged in following initial
				licensure that is designed to maintain, improve, or expand a practical
				nurses§ knowledge and skills or to develop new knowledge and skills
				related to nursing to enhance practice, education, or theory development to the
				end of improving the health of the public.
2.4. "Practical nursing practice" means
				performance of nursing acts under the direction of a registered nurse, licensed
				physician or licensed dentist, for which a license to practice is
				required.
2.5. "Formal offering"
				means an extension course, independent study, or other course which is offered,
				for college credit, by a recognized educational institution.
2.6. "Informal offering" means a workshop,
				seminar, institute, conference, lecture, short term course, or organized
				independent study which is offered for credit in contact hours or continuing
				education units.
2.7. "Independent
				study" means a program of learning designed by an approved provider for the
				practical nurse who completes the program at the individual' pace, e.g., home
				study, programmed instruction.
2.8.
				"Self study" means a program of learning designed by the licensee to enhance
				knowledge and skill and not approved as a continuing education activity for
				nurses.
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 10-06 - Continuing Competence › Section 10-6-3 - Continuing Competence - a Prerequisite for Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Continuing Competence
3.1.a. Continuing Education Requirements
3.1.a.1. Each applicant for renewal of a
				license, if the license is currently active, or reinstatement of a license if a
				license is lapsed or on the non-practicing list, shall verify that he or she
				satisfactorily completed twenty-four (24) contact hours of continuing education
				during the prescribed two (2) year reporting period.
3.1.a.2. Units of measurement used for
				continuing education courses are:
3.1.a.2.A. 1
				contact hour = 50 minutes of instruction
3.1.a.2.B. 1 contact hour = 50 minutes of
				clinical or laboratory practice in an informal offering
3.1.a.2.C. 1 continuing education unit (CEU)
				= 10 contact hours of instruction
3.1.a.2.D. 1 academic semester hour = 15
				contact hours of instruction
3.1.a.2.E. 1 academic quarter hour - 10
				contact hours of instruction
3.1.a.3. Each licensed practical nurse with
				an active license to practice practical nursing shall complete twenty four (24)
				contact hours of continuing education, as approved by this rule. On or before
				June 30, in each even numbered year each licensed practical nurse shall file a
				report of his or her continuing education activities with the board at the time
				the licensee files an application for renewal of his or her license.
3.1.a.4. The board shall not grant credit for
				identical continuing education activities submitted during any single two (2)
				year reporting period. The board shall not accept continuing education credits
				from a previous two (2) year reporting period, nor shall credits be accumulated
				for use in a future two (2) year reporting period.
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 10-06 - Continuing Competence › Section 10-6-4 - Continuing Education - Providers

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board shall recognize as an approved
				provider, an agency which meets the minimum provider standards in subdivision
				4.2.a. through 4.2.g. of this rule. Approved providers include, but are not be
				limited to:
American Red Cross - State Affiliates
Boards of Nursing - United States and Territories
Commission on Aging
Licensed Practical Nurses Association of West Virginia
Medicare and Medicaid Certified Long Term Care
				  Facilities
National Association for Practical Nurse Education and
				  Service
National Federation of Licensed Practical Nurses
National League for Nursing - State Affiliates
North Ctrl Association of Colleges and Secondary
				  Schools
West Virginia Council of Home Health Agencies
West Virginia Department of Education
West Virginia Department of Health
West Virginia Health Care Association
West Virginia Hospital Association
West Virginia Nurses Association
West Virginia Vocational and Technical Education
				  Centers
Other West Virginia health-related licensing boards
Other national, regional, or state nursing, medical, or
				  allied health organizations
4.1.a. The
				board shall accept courses and programs provided by accredited schools,
				colleges or universities and programs offered by institutions accredited by the
				Joint Commission on Accreditation of Health Care Organization or the American
				Association of Osteopathic Hospitals as well as facilities and agencies
				certified to receive Medicare and Medicaid reimbursement.
4.1.b. The Board shall consider written
				requests to designate other local, state or national agencies, organizations
				and associations as approved providers.
4.1.c. The board shall maintain a current
				list of approved providers which shall be available to the public upon request.
				The board shall notify in writing a provider who fails to meet the minimum
				acceptable standards, of specific deficiencies and give a reasonable period of
				time to correct deficiencies. The board may remove an approved provider from
				the list of approved providers who does not correct deficiencies within the
				specified time period.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-01A - Licensing of Physicians and Podiatric Physicians and Disciplinary Procedures for Applicants, Licensees, Credential Holders › Section 11-1A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- W. Va. Code §
									30-3-7(1)(a)
				authorizes the Board of Medicine to promulgate rules which are necessary to
				perform the duties and responsibilities of the Board. This legislative rule
				implements the West Virginia Medical Practice Act, W. Va. Code §
									30-3-1
et seq,
provides the process for physician and podiatric
				physician licensure, administrative medicine licensure, identifies grounds for
				licensure denial, establishes professional conduct standards for providers
				authorized to practice by the Board, identifies prohibited professional
				misconduct, and sets forth a disciplinary process and professional misconduct
				penalties.
1.2. Authority. -- W.
				Va. Code §
									30-3-7(a)(1); §
									30-1D-1(d); §
									30-3-11 c(f), §
									30-3-14(u), and §
									30-1-26(b).
1.3. Filing Date. -- May 10, 2023.
1.4. Effective Date. -- June 1,
				2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2028.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-01A - Licensing of Physicians and Podiatric Physicians and Disciplinary Procedures for Applicants, Licensees, Credential Holders › Section 11-1A-2 - Definitions Applicable to all Board of Medicine Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "ACGME" means the Accreditation Council
				of Graduate Medical Education.
2.2
				"Administrative medicine" means administration or management related to the
				practice of medicine or to the delivery of health care services using the
				medical knowledge, skill, and judgment of a licensed physician that may affect
				the health of the public or medical research, excluding clinical trials on
				humans. Administrative medicine does not include the authority to practice
				clinical medicine; examine, care for, or treat patients; prescribe medications,
				including controlled substances; or direct or delegate medical acts or
				prescriptive authority to others.
2.3 "Administrative medicine license" means a
				medical license restricted to the practice of administrative medicine. A
				physician with an administrative medicine license may manage the integration of
				clinical medicine, strategy, operations, and other business activities related
				to the delivery of health care services, advise organizations, both public and
				private, on health care matters; authorize and deny financial payments for
				care; organize and direct research programs; review care provided for quality;
				and perform other similar duties that do not require or involve direct patient
				care.
2.4. "AMA" means the American
				Medical Association.
2.5. "APMA"
				means the American Podiatric Medical Association.
2.6. "APMLE" means the American Podiatric
				Medical Licensing Examination.
2.7.
				"Board" means the West Virginia Board of Medicine, established in W. Va. Code
				§
									30-3-5.
2.8. "Clinical
				medicine and surgery" includes, but is not limited to:
2.8.a. Direct involvement in patient
				evaluation, diagnosis, and treatment;
2.8.b. Prescribing, administering, or
				dispensing any medication;
2.8.c.
				Delegating medical acts, service, or prescriptive authority; and
2.8.d. Supervision of physicians and/or
				podiatric physicians who practice clinical medicine, physician assistants who
				render medical services in collaboration with physicians, or the clinical
				practice of any other medical professional.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-01A - Licensing of Physicians and Podiatric Physicians and Disciplinary Procedures for Applicants, Licensees, Credential Holders › Section 11-1A-4 - Additional Licensure Requirements for Graduates of Medical Schools Located Outside of the United States, the Commonwealth of Puerto Rico or Canada

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Minimum qualifications for initial
				licensure as a medical doctor for applicants who have received the degree of
				doctor of medicine or its equivalent from a school of medicine outside of the
				United States, the Commonwealth of Puerto Rico or Canada are set forth in West
				Virginia Code §
									30-3-10(c). In addition to the qualifications and
				application requirements for licensure to practice medicine and surgery which
				are set forth in section 4, an applicant for licensure who is a graduate of a
				medical school located outside of the United States, the Commonwealth of Puerto
				Rico or Canada shall:
4.1.a. Provide an
				acceptable copy of the applicant's valid ECFMG certificate, or submit
				documentation satisfactory to the Board which demonstrates that:
4.1.a.1. The applicant is currently fully
				licensed, excluding any temporary, conditional or restricted license or permit,
				under the laws of another state, the District of Columbia, Canada or the
				Commonwealth of Puerto Rico;
4.1.a.2. The applicant has been engaged on a
				full-time professional basis in the practice of medicine within the state or
				jurisdiction where the applicant is fully licensed for a period of at least
				five years not to include practice via telemedicine technologies from a
				location physically outside of the state or jurisdiction of licensure;
				and
4.1.a.3. The applicant provides
				proof satisfactory to the Board that he or she is not the subject of any
				pending disciplinary action by a medical licensing board in any
				jurisdiction;
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-01A - Licensing of Physicians and Podiatric Physicians and Disciplinary Procedures for Applicants, Licensees, Credential Holders › Section 11-1A-5 - Qualification and Application for an Administrative Medicine License; Conversion of License Type

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An
				applicant for an administrative medicine license shall meet the qualifications
				and requirements for initial medical licensure set forth in W. Va. Code §
									30-3-10 and in this rule, except that administrative medicine licensure
				applicants do not need to demonstrate active clinical practice in the two year
				period preceding application for administrative medical licensure.
5.2. For consideration of an administrative
				medicine license, a physician shall submit:
5.2.a. An application and fee for an initial
				medical license as set forth in Section 4 of this rule;
5.2.b. Evidence of competency to practice
				administrative medicine; and
5.2.c.
				A notarized declaration, on a form provided by the Board, that the applicant
				shall not practice clinical medicine and surgery to West Virginia patients
				while holding an administrative medicine license issued by the Board.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-01A - Licensing of Physicians and Podiatric Physicians and Disciplinary Procedures for Applicants, Licensees, Credential Holders › Section 11-1A-7 - Required Examinations for a License to Practice Medicine and Surgery; Required Examinations for a License to Practice Podiatric Medicine and Surgery

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. To be
				eligible for consideration for a license to practice medicine and surgery in
				this state, including a license to practice administrative medicine only, an
				applicant must demonstrate that he or she has successfully passed all
				components of the United States Medical Licensing Examination (USMLE) with a
				score greater than or equal to the minimum passing score as determined by the
				developer on each component part, including USMLE Step 1, USMLE Step 2 and
				USMLE Step 3. However, an applicant shall not be eligible for licensure if:
7.1.a. The applicant failed to obtain a
				passing score on a component part of the USMLE in six attempts, or within the
				attempt limit implemented by the governing body of the USMLE, the Composite
				Committee, at the time the applicant sat for the exam component, whichever is
				lower; or
7.1.b. Passing scores on
				all component parts of the USMLE were not obtained by the applicant within ten
				consecutive years.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-01A - Licensing of Physicians and Podiatric Physicians and Disciplinary Procedures for Applicants, Licensees, Credential Holders › Section 11-1A-9 - Temporary License to Practice Medicine and Surgery or Podiatric Medicine and Surgery

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				applicant for licensure to practice medicine and surgery or podiatric medicine
				and surgery may request a temporary license if:
9.1.a. The applicant has submitted a complete
				application pursuant to section four or five of this rule;
9.1.b. The applicant meets all of the
				qualifications for a license to practice medicine and surgery or podiatric
				medicine and surgery and is not applying for an administrative medicine
				license;
9.1.c. The applicant holds
				a valid, unrestricted license to practice medicine and surgery or podiatric
				medicine and surgery from another state, the District of Columbia, the
				Commonwealth of Puerto Rico or Canada;
9.1.d. All licenses held by the applicant are
				unrestricted and in good standing;
9.1.e. The applicant provides proof
				satisfactory to the Board that he or she is not the subject of any pending
				disciplinary complaints, investigations or actions by any medical licensing
				board in any jurisdiction;
9.1.f.
				The applicant's application does not contain any derogatory or conflicting
				information, or any other information regarding an applicant's qualifications
				which require the information to be presented to the Board's Licensure
				Committee for review; and
9.1.g.
				The applicant is awaiting the next scheduled meeting of the Board for action
				upon his or her application.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-01A - Licensing of Physicians and Podiatric Physicians and Disciplinary Procedures for Applicants, Licensees, Credential Holders › Section 11-1A-10 - Licensure Renewal, Inactive Status Licensure: Physicians and Podiatric Physicians and Surgeons

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. With the
				exception of an initial license, licenses to practice medicine and surgery,
				administrative medicine, and podiatric medicine are issued for a term of two
				years. An initial license is issued with an expiration date consistent with the
				applicant's renewal classification as set forth in subsection 10.2.
10.2. License renewal for all licensed
				physicians whose last names begin with the letters "A" through "L" shall occur
				prior to July 1 of every even year. License renewal for all licensed physicians
				whose last names begin with the letters "M" through "Z" and all podiatric
				physicians shall occur prior to July 1 of every odd year.
10.3. A license shall expire, if not renewed
				by the renewal deadline set by the Board and will be published on the Board's
				website. An expired license is not a valid license.
10.4. To avoid expiration, an eligible
				licensee shall seek to renew his or her license every two years by:
10.4.a. Completing and submitting an
				application approved by the Board;
10.4.b. Certifying that he or she has
				successfully completed all legally required continuing medical education for
				the preceding two-year period; and
10.4.c. Submitting the nonrefundable license
				renewal fee, as established by the Board.
West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-01A - Licensing of Physicians and Podiatric Physicians and Disciplinary Procedures for Applicants, Licensees, Credential Holders › Section 11-1A-13 - Required Reports from Insurers

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Every
				insurer providing professional liability insurance to a physician or podiatric
				physician in this state shall submit to the Board the following information
				regarding the Board's licensees and professional credential holders within
				thirty days from any judgment or settlement of a civil or medical professional
				liability action or claim: The name of the insured; the date of any judgment or
				settlement; whether any appeal has been taken on the judgment, and, if so, by
				which party; the amount of any settlement or judgment against the insured; and
				such other information within the knowledge of the insurer as the Board
				requires.
13.2. An insurer must
				submit a medical professional liability claim report on a specific health care
				practitioner:
13.2.a. The practitioner must
				either be named, identified or otherwise described in both the written
				complaint or claim demanding monetary payment for damages and the settlement
				release agreement or final judgment; and
13.2.b. A payment was made by the insurer on
				behalf of the insured practitioner.
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-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule relates to physician assistants and to their licensing, practice,
				complaint procedures and professional discipline, and continuing
				education.
1.2. Authority. -- W.
				Va. Code §
									30-1-7a, § 30-3E-3(a)(1)-(9),
				and W. Va. Code §
									30-1D-1(d).
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 11-01B - Licensure, Practice Requirements, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants › Section 11-1B-4 - Temporary License; Special Licenses and/or Endorsements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If an applicant for licensure meets the
				qualifications for a license but is awaiting the next scheduled meeting of the
				Board for action upon his or her application, the applicant may request a
				temporary license. The Board may authorize its staff to issue temporary
				licenses to applicants who provide:
4.1.1. A
				written request that the applicant be issued a temporary license; and
4.1.2. A nonrefundable temporary license fee
				in an amount established by 11 CSR 4.
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-6 - Reporting of NCCPA Certification Status and Professional Designation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A physician
				assistant shall accurately report his or her NCCPA certification status on
				applications and forms of the Board.
6.2. A physician assistant who has a current
				certification from the NCCPA may use the professional designation of PA-C. A
				physician assistant who is not certified by the NCCPA shall use the
				professional designation of PA.
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-7 - Reinstatement and Reactivation of License

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A physician assistant may seek
				reinstatement of an expired license within one year of the expiration by
				submitting:
7.1.1. A complete reinstatement
				application, which is available on the Board's website, with all required
				supporting documentation;
7.1.2.
				Certification that the renewal applicant has completed all required continuing
				education for the previous reporting period, and documentation satisfactory to
				the Board corroborating the applicant's certification of continuing education
				compliance;
7.1.3. A renewal fee;
				and
7.1.4. A reinstatement fee
				equal to 50 percent of the renewal fee.
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-8 - Collaborative Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				physician assistant may not practice independently.
8.2. Physician assistants who are authorized
				to practice in West Virginia shall practice in collaboration with
				physicians.
8.3. Physician
				assistants who are authorized to practice in West Virginia may also collaborate
				and consult with other providers, in addition to collaborating physicians, to
				facilitate a team-based patient-centered practice.
8.4. Physicians and physician assistants who
				collaborate shall not allow an employment arrangement to:
8.4.1. Interfere with sound clinical
				judgment;
8.4.2. Diminish or
				influence the practitioner's ethical obligation to patients; or
8.4.3. Exert undue influence on, or interfere
				with the robustness of, the collaborative relationship.
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-9 - Scope of Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				physician assistant shall have, as a minimum, the knowledge and competency to
				perform the following core duties with appropriate physician collaboration:
9.1.1. Screen patients to determine the need
				for medical attention;
9.1.2.
				Review patient records to determine health status;
9.1.3. Take a patient history;
9.1.4. Perform a physical
				examination;
9.1.5. Perform
				development screening examinations on children;
9.1.6. Record pertinent patient
				data;
9.1.7. Make decisions
				regarding data gathering and appropriate management and treatment of patients
				being seen for the initial evaluation of a problem or the follow-up evaluation
				of a previously diagnosed and stabilized condition;
9.1.8. Prepare patient summaries;
9.1.9. Initiate requests for commonly
				performed initial laboratory studies;
9.1.10. Collect specimens for and carry out
				commonly performed blood, urine and stool analyses and cultures;
9.1.11. Identify normal and abnormal findings
				in patient history and physical examination and in commonly performed
				laboratory studies;
9.1.12.
				Initiate appropriate evaluation and emergency management for emergency
				situations; for example, cardiac arrest, respiratory distress, injuries, burns
				and hemorrhage;
9.1.13. Provide
				counseling and instruction regarding common patient problems and/or
				questions;
9.1.14. Execute
				documents at the direction of and for the collaborating physician;
9.1.15. Perform clinical procedures such as,
				but not limited to:
9.1.15.a.
				Venipuncture;
9.1.15.b.
				Electrocardiogram;
9.1.15.c. Care
				and suturing of minor lacerations, which may include injection of local
				anesthesia;
9.1.15.d. Casting and
				splinting;
9.1.15.e. Control of
				external hemorrhage;
9.1.15.f.
				Application of dressings and bandages;
9.1.15.g. Removal of superficial foreign
				bodies;
9.1.15.h. Cardiopulmonary
				resuscitation;
9.1.15.i. Audiometry
				screening;
9.1.15.j. Visual
				screening; and
9.1.15.k. Carry out
				aseptic and isolation techniques;
9.1.16. Assist in surgery;
9.1.17. Prepare patient discharge summaries
				if the physician assistant has been directly involved in patient care;
				and
9.1.18. Assist physicians under
				personal collaboration in a manner by which to learn and become proficient in
				new procedures.
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-10 - Requirements for Practice Authorization

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A physician assistant may practice in
				collaboration with physicians in any practice setting pursuant to a practice
				notification which has been filed with and activated by the Board in accordance
				with W. Va. Code §
									30-3E-10a and this rule. A
				physician assistant shall not commence practicing pursuant to a practice
				notification until he or she has received written authorization from the
				Board.
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-12 - Prescriptive Authority Pursuant to a Practice Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A physician assistant practicing
				pursuant to an active practice notification has prescriptive authority to
				prescribe, order, administer and/or dispense medication in the course of his or
				her practice subject to the provisions of W. Va. Code §
									30-3E-3(c).
12.2. A physician assistant may not prescribe
				a Schedule I controlled substance.
12.3. A physician assistant may prescribe up
				to a three-day supply of a Schedule II narcotic medication.
12.4. A physician assistant's prescribing of
				narcotic medication shall conform with the quantity and duration limitation set
				forth in subsection 12.3 and any practice requirements set forth in Opioid
				Reduction Act, W. Va. Code §
									16-54-1
et. seq.
,
				which are consistent with the quantity and duration limitations established for
				physician assistant narcotic prescribing.
12.5. There are no other formulary
				limitations on a physician assistant's prescriptive authority.
12.6. When exercising prescriptive authority,
				a physician assistant shall comply with the requirements of this rule and the
				requirements of the West Virginia Board of Pharmacy, other applicable state and
				federal laws, rules and regulations, and all applicable standards of
				care.
12.7. All prescriptions,
				including electronic prescriptions, written by the physician assistant must
				include the physician assistant's name, professional designation, practice
				location, telephone number, signature, license number issued by the Board, and
				any other information required by state and federal law.
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-13 - Responsibilities of Physicians Collaborating with Physician Assistants Pursuant to Practice Notifications

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Unless otherwise prohibited by a health care facility, a physician who
				practices at a health care facility may collaborate with any physician
				assistant who holds an active practice notification with the same
				facility.
13.2. A physician
				collaborating with a physician assistant shall observe, direct, and evaluate
				the physician assistant's work records and practices, including collaborating
				with the physician assistant in the care and treatment of patients.
13.3. A collaborating physician shall only
				delegate those medical acts which are:
13.3.1.
				Within the physician's scope of practice;
13.3.2. Consistent with the physician
				assistant's education, training, and experience; and
13.3.3. Consistent with any credentialing
				requirements of the health care facility.
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-14 - Continuing Medical Education Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Successful completion of a minimum of
				100 hours of continuing education satisfactory to the Board during the
				preceding two-year period is required for the biennial renewal of a physician
				assistant license.
14.2. Types and
				categories of continuing medical education satisfactory to the Board for
				physician assistants are:
14.2.1. Continuing
				medical education designated as Category I by either the American Medical
				Association, American Academy of Physician Assistants or the American Academy
				of Family Physicians.
14.2.2.
				Continuing medical education designated as Category II by either the American
				Medical Association, American Academy of Physician Assistants or the American
				Academy of Family Physicians. A maximum of 50 hours of continuing medical
				education credit may be awarded for this category of activity.
14.2.3. Obtaining a master's degree from an
				accredited program of instruction for physician assistants within one year of
				the expiration of an initial license. A maximum of 100 hours of continuing
				education credit may be awarded for this category of activity, but a physician
				assistant shall only be awarded 97 hours of credit if the physician assistant
				is a mandatory participant in the continuing education activity described in
				subsection 14.3 of this rule.
14.2.4. Passing a recertification examination
				by the NCCPA during the reporting period. A maximum of 100 hours of continuing
				medical education credit may be awarded for this category of activity, but a
				physician assistant shall only be awarded 97 hours of credit if the physician
				assistant is a mandatory participant in the continuing education activity
				described in subsection 14.3 of this rule.
There are no other types or categories of continuing
				  education activity for physician assistants satisfactory to the Board.
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-15 - Identification and Compliance Audits

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Except as otherwise provided by law,
				when practicing as a physician assistant, a physician assistant must wear a
				name tag in a conspicuous manner which identifies the practitioner as a
				physician assistant. An individual may not identify himself or herself as a
				physician assistant unless licensed by this Board or the Osteopathic
				Board.
15.2. A physician assistant
				shall keep his or her license and current practice notification available for
				inspection at each of his or her primary places of practice.
15.3. A physician assistant shall notify the
				Board in writing of a change in the physician assistant's name or address
				within 15 days of the change.
15.4.
				The Board may review physician assistant utilization without prior notice to
				the physician assistant, the collaborating physician, or the practice setting.
				An authorized representative or investigator for the Board may, without prior
				notice, enter at any reasonable hour a place of employment or practice of a
				physician or physician assistant or into public premises:
15.4.1. For the purpose of an audit to verify
				general compliance with the Physician Assistants Practice Act and this
				legislative rule; or
15.4.2. To
				investigate an allegation or complaint with respect to a collaborating
				physician or physician assistant.
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-16 - Mental and Physical Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The Board under any circumstances may
				require a licensed physician assistant or a person applying for licensure or
				other authorization to practice as a physician assistant in this state to
				submit to a physical or mental examination by a physician or physicians
				approved by the Board. The expense of the examination shall be paid by the
				Board.
16.2. A physician assistant
				submitting to an examination has the right, at his or her expense, to designate
				another physician to be present at the examination and make an independent
				report to the Board.
16.3. An
				applicant or licensee is considered to have given his or her consent to submit
				to all 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 an examining physician on the ground that the testimony or report is
				privileged communication.
16.4. If
				a person fails or refuses to submit to an examination under circumstances which
				the Board finds are not beyond his or her control, failure or refusal is prima
				facie evidence of his or her inability to practice as a physician assistant
				competently and in compliance with the standards of acceptable and prevailing
				physician assistant practice.
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-17 - License Denial, Complaint and Disciplinary Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The licensure denial, complaint and
				disciplinary process and procedures and appeal rights set forth in the
				contested case hearing procedure, W. Va. Code §
									29A-5-1 et seq., W. Va. Code
				§
									30-3-14(h) and
				(i), and in the Board's procedural rule, 11
				CSR 3, Board Organization and Meeting Procedure; Complaint and Contested Case
				Hearing Procedure, also apply to physician assistants.
17.2. If the Board determines the evidence in
				its possession indicates that a physician assistant's continuation in practice
				or unrestricted practice constitutes an immediate danger to the public, the
				Board may take any of the actions provided in W. Va. Code §
									30-3-14(j) on a
				temporary basis and without a hearing if institution of proceedings for a
				hearing before the Board are initiated simultaneously with the temporary action
				and begin within 15 days of the action. The Board shall render its decision
				within five days of the conclusion of a hearing under this
				subsection.