reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-03 - Contested Case Hearing Procedure › Section 31-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in these rules shall
				  have the following meanings, unless the context otherwise requires:
2.1. "Board" means the West Virginia Board of
				Licensed Dietitians.
2.2.
				"Demanding party" means an individual who has been denied a license to practice
				dietetics by the Board and who, as a result, demands that a hearing be held
				before the Board on the issue of such denial.
2.3. "Charged party" means an individual who
				holds a license to practice dietetics issued by the Board and who has been
				charged by the Board as described in section 3.4 of these rules.
2.4. "Licensee" means an individual who holds
				a license to practice dietetics by the Board.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-03 - Contested Case Hearing Procedure › Section 31-3-4 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be recorded by the
				stenographic notes and characters or by mechanical means.
4.2. All recorded materials shall be
				transcribed. The Board shall have the responsibility to make arrangement for
				the transcription of the recorded testimony and evidence.
4.3. Upon the motion of the Board or any
				party assigning error or omission in any part of the transcript, the Board or
				its appointed hearing examiner shall settle all differences arising as to
				whether such transcript truly discloses what occurred at the hearing and shall
				direct that the transcript be corrected and/or revised as appropriate so as to
				make it conform to the truth.
4.4.
				A transcript of the hearing shall be provided to all members of the Board for
				review at least ten (10) days before the vote is taken on its decision in any
				licensure or licensure disciplinary matter.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-03 - Contested Case Hearing Procedure › Section 31-3-5 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any party may
				submit proposed findings of fact and conclusions of law at a time and manner
				designated by the Board or its duly appointed hearing examiner.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-03 - Contested Case Hearing Procedure › Section 31-3-6 - Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Board may appoint a hearing examiner who shall be empowered to subpoena
				witnesses and documents, administer oaths and affirmations, examine witnesses
				under oath, rule on evidentiary matters, hold conferences for the settlement of
				simplification of issues by consent of the parties, cause to be prepared a
				record of the hearing so that the Board is able to discharge its functions and
				otherwise conduct hearings as provided in 19 CSR 5-3.10 herein.
6.2. Hearing examiners appointed by the Board
				are not authorized or empowered to grant, suspend, revoke or otherwise
				discipline any license.
6.3. The
				hearing examiner shall prepare recommended findings of fact and conclusions of
				law for submission to the Board. The Board may adopt, modify or reject such
				findings of fact and conclusions of law.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-03 - Contested Case Hearing Procedure › Section 31-3-7 - Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At any time prior to the hearing or
				thereafter, the Board, its designee or its duly appointed hearing examiner may
				hold conferences for the following purposes:
a. To dispose of procedural requests,
				pre-hearing motions or similar matters;
b. To simplify or settle issues by consent of
				the parties; or
c. To provide for
				the informal disposition of cases by stipulation or agreement.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-03 - Contested Case Hearing Procedure › Section 31-3-8 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Evidentiary
				depositions may be taken and read or otherwise included into evidence as in
				civil actions in the circuit courts of this State.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-03 - Contested Case Hearing Procedure › Section 31-3-9 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Subpoenas to
				compel the attendance of witnesses and subpoenas duces tecum to compel the
				production of documents may be issued by the Board, its Executive Secretary,
				and by the hearing examiner appointed by the Board. Such subpoenas shall be
				issued pursuant to W. Va. Code
				29A-5-1(b).
9.2. Written requests by a party for the
				issuance of subpoenas and subpoenas duces tecum as provided in subsection 9.1
				of this section must be received by the Board no later than ten (10) days
				before a scheduled hearing. Any party requesting the issuance of subpoenas and
				subpoenas duces tecum shall see that they are properly served in accordance
				with W. Va. Code
				29A-5-1(b).
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-03 - Contested Case Hearing Procedure › Section 31-3-10 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any final
				order entered by the Board following a hearing conducted pursuant to these
				rules shall be made pursuant to the provisions of W. Va. Code
				29A-5-3 and
				30-1-8(d).
				Such orders shall be entered within forty-five (45) days following the
				submission of all documents and materials necessary for the proper disposition
				of the case, including transcripts, and shall contain findings of fact and
				conclusions of law.
10.2. The
				findings of fact and conclusions of law must be approved by a majority of the
				Board either by a poll or vote at a regular meeting, before a final order is
				entered. A copy of the final order approved by a majority of the Board shall be
				served upon the demanding or charged party and/or his attorney of record, if
				any, within five (5) days after entry by the Board by personal service or by
				registered or certified mail.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-03 - Contested Case Hearing Procedure › Section 31-3-11 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. An appeal
				from any final order entered in accordance with these rules shall comply with
				the provisions of W. Va. Code
				30-1-9.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-04 - Disciplinary And Complaint Procedures › Section 31-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the due process procedure for disciplinary and complaint
				procedures for the Board. The Board is charged with these duties in W. Va. Code
				§
									30-35-10.
1.2. Authority. -- W. Va. Code §§
									30-1-8(h),
				30-35-4
				and
				30-35-10.
1.3. Filing Date. -- August 8,
				2002.
1.4. Effective Date. --
				September 8, 2002.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-04 - Disciplinary And Complaint Procedures › Section 31-4-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This legislative rule applies to all licensed
				  dietitians.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-04 - Disciplinary And Complaint Procedures › Section 31-4-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "West Virginia
				Dietitian Practice Act." -- W. Va. Code §
									30-35-1 et
				seq.
3.2. "Adjudicatory hearing."
				-- A formal administrative hearing before the Board or a designated hearing
				examiner, conducted to determine the truth and validity of complaints filed
				against a licensee. An adjudicatory hearing may result in disciplinary action
				including, but not limited to, suspension or revocation of a licensee's
				license, reprimand, fine, censure or other limitation, including probation, on
				a licensee's practice.
3.3. "Crimes
				involving moral turpitude." -- Those crimes which have dishonesty as a
				fundamental and necessary element; including, but not limited to, crimes
				involving theft, embezzlement, false swearing, perjury, fraud or
				misrepresentation.
3.4. "Licensee"
				means any dietitian licensed by the Board of Licensed Dietitians and, except as
				noted, any dietitian granted a provisional permit by the Board.
3.5. "Medical nutrition therapy" or
				"nutrition therapy" means nutritional diagnostic assessment and nutrition
				therapy services for the purpose of disease management.
3.6. "Probation." -- Imposing conditions and
				requirements upon a licensee for a period of time that the Board, in its
				discretion, determines to be justified under any provision of law. A licensee
				placed on probation may continue to practice subject to limitations imposed by
				the Board, including the requirements that the licensee appear before the
				Board, or an officer or agent of the Board, at times and places designated by
				the Board. A licensee may be placed on probation without a previous or
				concurrent suspension or revocation of his or her license.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-04 - Disciplinary And Complaint Procedures › Section 31-4-4 - Disposition of Reports and Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any person, medical peer review
				committee, firm, corporation, members of the Board or public officer may make a
				complaint to the Board which charges a licensee with a violation of the W. Va.
				Code §
									30-36-1
				et seq., or of the Rules of the Board. The Board may provide a form for that
				purpose, but a complaint may be filed in any written form. In addition to
				describing the alleged violation which prompted the complaint, the complaint
				should contain the following:
4.1.1. The name
				and address of the individual against whom the complaint is lodged;
4.1.2. The date of care;
4.1.3. The name of individual who may have
				treated the patient after the alleged incident; and
4.1.4. The name of any health care
				institution in which the patient was an inpatient or outpatient after or during
				the alleged incident.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-04 - Disciplinary And Complaint Procedures › Section 31-4-5 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any applicant
				for a license who has had his or her application denied by order of the Board
				may appeal the order within thirty (30) days of that action, in accordance with
				the contested case hearing procedure, W. Va. Code §
									29A-5-1
				et seq., and rules of the Board: Provided, That the appeal shall not include
				cases in which the Board denies a license or certificate after an examination
				to test the knowledge or the ability of the applicant where the controversy
				concerns whether the examination was fair or whether the applicant passed the
				examination.
5.2. Any licensee
				practicing medical nutrition therapy or other nutrition/dietetic services in
				this State, who has had his or her license denied, suspended, restricted, or
				revoked by order of the Board, may appeal the order within thirty (30) days of
				this action in accordance with the contested case hearing procedure, W. Va.
				Code §
									29A-5-1
				et seq., and the rules of the Board: Provided, That the appeal shall not
				include cases in which the Board issues a license, permit or certificate after
				an examination to test the knowledge or the ability of the licensee where the
				controversy concerns whether the examination was fair or whether the licensee
				passed the examination.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-05 - Continuing Professional Education Requirements › Section 31-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes continuing professional education requirements for initiation
				and renewal of licensure.
1.2.
				Authority. -- W. Va. Code §
									30-35-4.
1.3. Filing Date. -- April 4, 2024
1.4. Effective Date. -- July 1,
				2024
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force after August 1, 2030.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-05 - Continuing Professional Education Requirements › Section 31-5-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This legislative rule applies to licensees who apply to have
				  their licenses renewed and to persons or organizations who provide continuing
				  professional education courses.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-05 - Continuing Professional Education Requirements › Section 31-5-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Approved
				Provider" means a person or organization offering continuing professional
				education who is approved by the Board.
3.2. "Course" means a systematic learning
				experience, at least fifty (50) minutes in length, which deals with and is
				designed for the acquisition of knowledge, skills and information relevant to
				professional nutrition and dietetics practice.
3.3. "Licensee" means any dietitian licensed
				by the Board of Licensed Dietitians and, except as noted, any dietitian granted
				a provisional permit by the Board.
3.4 "Independent Study" means a
				subject/program/activity that a person pursues autonomously that meets
				standards for approval criteria in the rules and includes a posttest.
3.5 "Webinar" means a web-based seminar,
				presentation, lecture, or workshop that is transmitted over the
				internet.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-05 - Continuing Professional Education Requirements › Section 31-5-4 - Approved Providers

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				following organizations are considered "approved"
4.1.1. The West Virginia Academy of Nutrition
				and Dietetics
4.1.2. Any national,
				state or district Academy of Nutrition and Dietetics affiliation;
4.1.3. The American Medical
				Association;
4.1.4. The West
				Virginia Medical Association;
4.1.5. The American Nurses
				Association;
4.1.6 The West Virginia
				Nurses Association;
4.1.7.
				Accredited schools or colleges; and
4.1.8 other providers that are also approved
				by the Commission on Dietetic Registration.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-05 - Continuing Professional Education Requirements › Section 31-5-5 - Approval Of Continuing Professional Education Courses

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Only an approved provider may offer
				continuing professional education courses.
5.2. The content of all courses of continuing
				professional education shall be relevant to the practice of nutrition/dietetics
				and shall:
5.2.1. Be related to the knowledge
				and/or technical skills required to practice professional nutrition/dietetics;
				or
5.2.2. Be related to direct
				and/or indirect patient care. Courses in professional nutrition/dietetics
				practice management or medical ethics are also acceptable.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-05 - Continuing Professional Education Requirements › Section 31-5-6 - Activities Eligible for Continuing Professional Education Credits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A licensee
				shall meet requirements for continuing professional education.
6.1.1. Every other renewal period, or every
				two (2) years, an active licensee shall have a minimum of twenty (20) hours of
				continuing professional education (CPE) (from an approved provider) that
				relates directly to professional growth and development.
6.1.2. Dietitians practicing under a
				provisional permit must complete a minimum of ten (10) hours of continuing
				professional education each year after the first year in which they are
				practicing under a provisional permit.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-05 - Continuing Professional Education Requirements › Section 31-5-7 - Record Keeping and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Each licensee at the time of license
				renewal shall sign a statement under penalty of false swearing that he or she
				has or has not complied with the continuing professional education
				requirements. The licensee shall submit the record of continuing education
				activities on the Board's website along with the approved renewal application
				form from the Board.
7.2. The Board
				may audit once each year a random sample of licensees who have reported
				compliance with the continuing professional education requirement.
7.3. It constitutes unprofessional conduct
				for any licensee to misrepresent completion of the required continuing
				professional education.
7.4. Any
				licensee selected for audit shall submit documentation or records of continuing
				professional education course work he or she has taken and completed. The Board
				may request additional documentation including, but not limited to, program
				notes, payment receipts, certificates of attendance, a statement by the
				authorized provider and/or other proof of program attendance.
7.5. A licensee is solely responsible for
				maintaining adequate records for his or her continuing professional education
				hours.
7.6. Each licensee shall
				retain for a minimum of three (3) years, records of all continuing professional
				education programs attended which indicate the provider's name, the title of
				the course or program, the date and location of the course and the number of
				continuing professional education hours awarded.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-05 - Continuing Professional Education Requirements › Section 31-5-8 - Requests for Extension

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				licensee who does not earn the required number of CPE hours may, no later than
				the due date specified in Section 7.2. of this rule, petition the Board in
				writing to extend the time necessary to earn the required number of CPE hours.
				Each petition shall indicate:
8.1.1. The
				number of hours earned to date or of the failure to earn hours;
8.1.2. The
				licensee
'
s detailed plan to insure he or she will, if
				granted the opportunity by the Board, earn the required number of the CPE hours
				in a timely manner;
8.1.3. The
				nature of the extenuating circumstances which prevented the licensee from
				earning the required hours during the current two (2) year period;
				and
8.1.4. Written supportive
				documentation to any claim of extenuating circumstances, including, but not
				limited to, statements from an employer or health practitioner as may be
				requested by the Board.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-05 - Continuing Professional Education Requirements › Section 31-5-9 - Sanctions and Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				license of a licensee who fails to meet the continuing professional education
				requirements lapses.
9.1.1. The Board shall
				notify the licensee, in writing, that his or her license has lapsed within
				thirty (30) working days of receipt of the reporting forms.
9.1.2. If no forms are filed, the license
				shall automatically lapse with no further notification required.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-05 - Continuing Professional Education Requirements › Section 31-5-10 - Required Continuing Education for West Virginia Licensed Dietitians

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Effective
				July 1, 2024, all licensees will be required to complete a Board mandated
				continuing education session (1 hour), applicable to licensees within their
				2-year reporting period.
10.1.1. Licensees may
				receive information on required Board CPE's through the Board email listserv
				and on the BOLD website. The licensee will be responsible to check the website
				to ensure compliance with requirements.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-06 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 31-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				procedures for waiving the initial licensing fee for low income individuals and
				military personnel and their spouses.
1.2. Authority. -- W. Va. Code §
									30-1-23, and W. Va. Code §
									30-35-4.
1.3. Filing Date. - March 26, 2020
1.4. Effective Date. - March 26,
				2020
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect upon the expiration of
				March 26, 2030.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-06 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 31-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the West Virginia Board of
				Licensed Dieticians.
2.2.
				"BOLD-LIW" means the Board of Licensed Dieticians Low Income Waiver form used
				to request a waiver of the initial licensing fee for low income individuals, as
				authorized in W.Va. Code §
									30-1-22;
2.3. "Initial license" means an individual
				applying for a dietetic license in West Virginia sought for the first
				time;
2.4. "Local labor market"
				means every county in West Virginia, and any county outside of West Virginia if
				any portion of that county is within fifty miles of the border of West
				Virginia, pursuant to W.Va. Code §
									21-1C-2;
2.5. "Low-income individual" means an
				individual in the local labor market as defined in §
									21-1C-2, whose
				household adjusted gross income is below 130 percent of the federal poverty
				line. This term also includes any person enrolled in a state or federal public
				assistance program including, but not limited to, the Temporary Assistance for
				Needy Families Program, Medicaid, or the Supplemental Nutrition Assistance
				Program;
2.6. "Military families"
				means any person who serves as an active member of the armed forces of the
				United States, the National Guard, or a reserve component as described in  38 U. S. C. §
										101, honorably discharged veterans of those forces, and their
				spouses. This term also includes surviving spouses of deceased service members
				who have not remarried; and
2.7.
				"BOLD-MFW" means the Board of Licensed Dieticians Military Family Waiver form
				used to request a waiver of the initial licensing fee for military service
				members and their spouses as described in §
									30-1-22.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-06 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 31-6-3 - Application for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An applicant seeking a low income or
				military family waiver of the initial licensing fee shall apply for licensure
				to the board and provide the required documentation.
3.2. The Board shall provide the application
				form and instructions on what documentation is necessary to submit with the
				license application requesting the low income or military family initial
				licensing fee waiver.
3.3. An
				applicant shall submit all required documentation to the board and upon the
				submission of a complete application, the board shall review the application
				and issue a decision within 30 days of receipt of the completed
				application.
3.4. The board may
				issue a license to an applicant who meets the requirements of W. Va. Code
				§
									30-35-1
et seq
., the rules promulgated by the board, and
				the board shall waive the initial licensing fee for an applicant that meets the
				requirement of "low-income individuals" or "military families" as defined in
				W.Va. Code §
									30-1-22
3.5. An
				applicant denied a waiver of initial licensing fees shall have 30 days to
				appeal the decision to the board pursuant to the provisions of W. Va. Code
				§
									30-35-11.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-06 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 31-6-4 - Required Documentation for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Individuals requesting a waiver of
				initial licensure fees for low income or military service personnel and their
				spouses, shall submit with the application for licensure the initial licensure
				waiver BOLD-LIW or BOLD-MFW form and the appropriate documentation as specified
				in this section.
4.2. To establish
				low income eligibility for the initial licensing fee waiver, an applicant shall
				submit to the board evidence that the adjusted gross income of the household of
				the applicant is at or below 130% of the federal poverty level by submitting
				documentation of eligibility for:
4.2.1.
				Temporary Assistance for Needy Families Program;
4.2.2. Medicaid;
4.2.3. Supplemental Nutrition Assistance
				Program; or
4.2.4. A Federal Tax
				Return.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-07 - Telehealth Practice; Requirements; Definitions › Section 31-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for the practice of telehealth by a licensed
				dietitian.
1.2. Authority. -- W.
				Va. Code §
									30-35-4.
1.3. Filing Date. -- April 4, 2024
1.4. Effective Date. -- April 15,
				2024
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force after August 1, 2029.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-07 - Telehealth Practice; Requirements; Definitions › Section 31-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the West Virginia Board of Licensed Dietitians established pursuant to W. Va.
				Code §
									30-35-1
et
				seq.
2.2. "Licensed
				Dietitian" means a person licensed by the board to practice medical nutrition
				therapy or nutrition therapy in West Virginia.
2.3. "Store and forward" means the
				asynchronous communication of medical data or images from an originating
				location to a licensed dietitian at another site for the purpose of therapeutic
				assistance.
2.4. "Telehealth" is
				the application of evaluative, consultative, preventative, and therapeutic
				services delivered through telecommunication and information technologies.
				Medical nutrition therapy or nutrition therapy services provided by means of a
				telehealth service delivery model can be synchronous, that is, delivered
				through interactive technologies in real time, or asynchronous, using
				store-and-forward technologies. Telehealth is considered the same as
				teletherapy, telerehabilitation, and telepractice in various settings and for
				the purpose of this rule.
2.5.
				"Telehealth technologies" means technologies and devices which enable secure
				electronic communications and information exchange in the practice of
				telehealth, and typically involve the application of secure real-time
				audio/video conferencing or similar secure video services or store and forward
				digital image technology to provide medical nutrition therapy or nutrition
				therapy services by replicating the interaction of a traditional in-person
				encounter between a licensed dietitian and a patient.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-07 - Telehealth Practice; Requirements; Definitions › Section 31-7-3 - Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The practice
				of medical nutrition therapy or nutrition therapy occurs where the client is
				physically located at the time the telehealth technologies are used.
3.2 A licensed dietitian who practices
				telehealth must be licensed as provided in this article.
3.3 Medical nutrition therapy or nutrition
				therapy services must be provided by a licensed dietitian who possess a current
				valid, active license and is in good standing in West Virginia and in all
				states in which they are licensed and are not currently under investigation or
				subject to an administrative complaint.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-07 - Telehealth Practice; Requirements; Definitions › Section 31-7-4 - Practitioner-patient relationship through telehealth

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A practitioner-patient relationship may
				be established through video, audio or written forms of communication, such as
				e-mail or text-based messaging, or any combination thereof.
4.2. If an existing practitioner-patient
				relationship is not present prior to the utilization of telehealth
				technologies, or if services are rendered solely through telehealth
				technologies, a practitioner-patient relationship may only be established
				through the use of telehealth technologies which incorporate interactive audio
				using store and forward technology, real-time videoconferencing, or similar
				secure video services during the initial patient evaluation.
4.3. Once a practitioner-patient relationship
				has been established, either through an in-person encounter or in accordance
				with section 4.2 of this rule, the practitioner may utilize any telehealth
				technology that meets the standard of care and is appropriate for the
				patient.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-07 - Telehealth Practice; Requirements; Definitions › Section 31-7-5 - Telehealth practice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Prior
				to providing medical nutrition therapy or nutrition therapy services via
				telehealth:
5.1.a. The licensed dietitian
				shall obtain informed consent of the delivery of service via telehealth from
				the patient/client prior to initiation of medical nutrition therapy or
				nutrition therapy services via telehealth and maintain documentation of the
				consent-to-treat process and content in the patient's or client's health
				records.
5.1.b. The licensed
				dietitian shall verbally verify the identity and location of the patient or
				client and document in the patient's or client's health records.
5.1.c. Telehealth services may only be used
				to provide medical nutrition therapy or nutrition therapy services to a patient
				or client who is physically located at an originating site in West Virginia
				other than the site where the licensed dietitian is located, whether or not in
				West Virginia.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-01 - Meeting of the Board of Acupuncture › Section 32-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule contains provisions for the time and place of all regularly scheduled
				meetings and the time, place and purpose of all special meetings of the
				Board.
1.2. Authority. -- W. Va.
				Code '30-36-7.
1.3. Filing Date. -- August 3,
				1998.
1.4. Effective Date. --
				September 2, 1998.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-01 - Meeting of the Board of Acupuncture › Section 32-1-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
This procedural rule applies to the Board. The enforcement of
				  this rule is vested with the president of the Board.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-01 - Meeting of the Board of Acupuncture › Section 32-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Board. -- The
				West Virginia Board of Acupuncture.
3.2. President. -- The Board member elected
				by the Board members to serve as president of the Board.
3.3. Vice President - Treasurer. -- The Board
				member elected by the Board members to serve as vice president-treasurer of the
				Board.
3.4. Secretary. -- The Board
				member elected by the Board members to serve as secretary of the
				Board.
3.5. Decision. -- Any
				determination, action, vote or final disposition of a motion, proposal,
				resolution, order or measure on which a vote of the Board is required at any
				meeting at which a quorum is present.
3.6. Meeting. -- The convening of the Board
				for which a quorum is required in order to make a decision or to deliberate
				toward a decision on any matter, but the term does not include
a. any meeting for the purpose of making an
				adjudicatory decision in any quasi-judicial administrative proceeding,
				or
b. any on-site inspection of any
				practitioner, clinic, or educational program of acupuncture or oriental
				medicine.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-01 - Meeting of the Board of Acupuncture › Section 32-1-4 - Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The president
				may call meetings of the Board, and the president shall call a meeting upon the
				written request of two (2) Board members.
4.2. The president shall notify Board members
				in writing at least seven (7) days in advance of a meeting setting forth the
				time and place of the meeting and the matters to be considered, except that the
				notice is not required if the time, the place and matters for consideration was
				fixed in a meeting where all the members were present.
4.3. The president shall notify the public
				and the news media by filing with the office of the Secretary of State a public
				notice of the meeting at least seven (7) days in advance. The public notice
				shall contain the time, the place and the matters to be considered.
4.4. The provisions of this section shall not
				apply in the event of an emergency requiring immediate official action by the
				Board.
4.5. Special meetings may be
				continued to a set time and place on the following workday by a majority vote
				of the Board members present and voting.
4.6. The president may cancel special
				meetings if no Board member objects.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-01 - Meeting of the Board of Acupuncture › Section 32-1-5 - Proceeding to Be Open; Exceptions; Executive Session Permitted

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All meetings
				of the Board shall be open to the public, except the Board may hold an
				executive session that is closed to the public during a regular, special or
				emergency meeting, after the presiding officer has identified the authorization
				under W. Va. Code '6-9A-4 for
				the holding of an executive session and has presented it to the Board and to
				the general public. The Board shall not make a decision in executive
				session.
5.2. The Board may hold an
				executive session only upon a majority affirmative vote of the Board members
				present for the reasons found in W. Va. Code '6-9A-4 et
				seq.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-01 - Meeting of the Board of Acupuncture › Section 32-1-6 - 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 its meetings. All
				minutes shall be available to the public within a reasonable time after the
				meeting and shall include the following information:
a. The date, time and place of the
				meeting;
b. The name of each Board
				member present or absent;
c. All
				motions, proposals, resolutions, orders, ordinances and measures proposed, the
				name of the person proposing them and their disposition; and
d. The results of all votes and, upon request
				of a member, the vote of each member, by name.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-01 - Meeting of the Board of Acupuncture › Section 32-1-7 - Majority Vote Required; Vote By Proxy Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
The vote of a majority of all members present at any meeting
				  of the Board is necessary to take any action. Proxy voting is
				  prohibited.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-01 - Meeting of the Board of Acupuncture › Section 32-1-8 - Records of the Board - Public

Current through Register Vol. XLI, No. 28, July 12, 2024
Records of the Board are public records that may be inspected
				  in accordance with W. Va. Code '29B-1-3
				  and copied at a charge of twenty-five cents ($.25) per page. Exceptions to this
				  are those specified in W. Va. Code '29B-1-3.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the application process for acupuncture licensure.
1.2. Authority. -- W. Va. Code §
									30-36-7.
1.3. Filing Date. -- April 30,
				2024.
1.4. Effective Date. -- April
				30, 2024.
1.5. Sunset Provision. -
				This rule shall terminate and have no further force or effect upon the
				expiration from August 1, 2034.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This legislative rule applies to applicants for licensure by
				  the Board.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Apprenticeship. -- A supervised course of study or tutorial program between one
				student and one instructor which is approved by the Board and which when
				successfully completed enables the applicant to meet the requirements of W. Va.
				Code §
									30-36-10 for licensure as an
				acupuncturist.
3.2. CCAHM -- The
				Council of Colleges of Acupuncture and Herbal Medicine.
3.3. Course of training. -- A systematic
				course of study in acupuncture at a school or college of acupuncture or
				oriental medicine which leads to a degree or diploma in acupuncture or oriental
				medicine.
3.4. NCCAOM -- The
				National Certification Commission for Acupuncture and Oriental Medicine or its
				successor organization.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-4 - Board Approval for Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Board shall issue a license to practice acupuncture to an applicant who has
				submitted the required application form and supporting documentation to the
				Board and if the applicant meets the requirements of W. Va. Code §
									30-36-1
et seq
.
				and rules promulgated by the Board.
4.2. If the Board, determines that an
				applicant has met the requirements for acupuncture licensure, it shall issue to
				the applicant a license that is valid for a period of two years. The Board, at
				its discretion, may make a license provisional and may stipulate additional
				training, clinical experience, or the NCCAOM examination as requirements for
				licensure.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-5 - Licensure Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An
				applicant for licensure shall:
5.1.1. Be free
				of a felony conviction bearing a rational nexus to the profession pursuant to
				§30-1-24 of the code and
5.1.2. Be at least eighteen (18) years of
				age.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-6 - Certification of Documentation

Current through Register Vol. XLI, No. 28, July 12, 2024
Documentation submitted by or on behalf of the applicant
				  shall be certified by the appropriate official or by governmental seal of
				  authority, in cases of foreign trained applicants. The Board at its discretion
				  may waive this requirement when it is determined that it cannot be obtained
				  through the exercise of due diligence.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-7 - Verification

Current through Register Vol. XLI, No. 28, July 12, 2024
All statements submitted by or on behalf of an applicant
				  shall be made under penalty of false swearing. An applicant or licensee who
				  makes a false statement is subject to disciplinary action including, but not
				  limited to, immediate revocation or suspension of the
				  license.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-8 - Translation Required

Current through Register Vol. XLI, No. 28, July 12, 2024
All application documentation submitted in a language other
				  than English shall be accompanied by a translation into English, certified by a
				  translator other than the applicant, who shall attest to the accuracy of the
				  translation under penalty of false swearing.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-9 - Application Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A new
				applicant shall submit their application for licensure on a form provided by
				the Board, and shall attach all required statements and documents.
9.2. A renewal applicant shall submit their
				application for renewal licensure on a form provided by the Board, and shall
				attach all required statements and documents.
West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-03 - Applications For Licensure To Practice Acupuncture › Section 32-3-10 - Review and Processing of Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Within a reasonable time after receipt
				of an application, the Board or Executive Director shall inform the applicant
				whether the application is complete and accepted for licensure or if it is
				deficient and what specific information or documentation is required to
				complete the application.
10.2 For
				applicants who do not meet the requirements of Section 5.5. of this rule, and
				within a reasonable time after receipt of a completed application, the Board
				shall notify the applicant of the date, time and location of a required oral
				examination when applying for licensure under an apprenticeship.
10.3. Within a reasonable time after
				submission of the application and required documentation, the Board or
				Executive Director shall notify an applicant of their eligibility for licensure
				and, upon payment of the specified fee for licensure found in the Board's Rule,
				Fees of the Board of Acupuncture, 32 CSR 4
,
issue
				their license.