West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-01 - Licensing Procedures for Osteopathic Physicians › Section 24-1-18 - Causes For Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Osteopathic Physicians

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The Board may deny an application for a
				license, place a licensee on probation, suspend a license, limit or restrict a
				license or revoke any license issued by the Board, upon satisfactory proof that
				the licensee has:
18.1.1. Knowingly made, or
				presented or caused to be made or presented, any false, fraudulent or forged
				statement, writing, certificate, diploma or other material in connection with
				an application for a license;
18.1.2. Been or is involved in fraud,
				forgery, deception, collusion or conspiracy in connection with an examination
				for a license;
18.1.3. Become
				addicted to a controlled substance;
18.1.4. Become a chronic or persistent
				alcoholic;
18.1.5. Engaged in
				dishonorable, unethical or unprofessional conduct of a character likely to
				deceive, defraud or harm the public or any member of the public;
18.1.6. Willfully violated a confidential
				communication;
18.1.7. Had his or
				her license to practice osteopathic medicine in any other state, territory,
				jurisdiction or foreign nation revoked, suspended, restricted or limited, or
				otherwise acted against, or has been subjected to any other disciplinary action
				by the licensing authority thereof, or has been denied licensure in any other
				state, territory, jurisdiction, or foreign nation;
18.1.8. Been or is unable to practice
				osteopathic medicine with reasonable skill and safety to patients by reason of
				illness, drunkenness, excessive use of alcohol, drugs, chemicals or any other
				type of substance, or by reason of any physical or mental
				abnormality;
18.1.9. Demonstrated a
				lack of professional competence to practice osteopathic medicine with a
				reasonable degree of skill and safety for patients. In this connection, the
				Board may consider repeated acts of a physician indicating his or her failure
				to properly treat a patient and may require the physician to submit to
				inquiries or examinations, written or oral, by members of the Board, or by
				other physicians licensed to practice osteopathic medicine in this state, as
				the Board considers necessary to determine the professional qualifications of
				the licensee;
18.1.10. Engaged in
				unprofessional conduct, including, but not limited to, any departure from, or
				failure to conform to, the standards of acceptable and prevailing medical
				practice, or the ethics of the osteopathic medical profession, irrespective of
				whether or not a patient is injured by the conduct, or has committed any act
				contrary to honesty, justice or good morals, whether the act is committed in
				the course of his or her practice and whether committed within or without this
				state;
18.1.11. Been convicted of
				or found guilty of a crime in any jurisdiction which directly relates to the
				practice of osteopathic medicine or to the ability to practice osteopathic
				medicine. Any plea of nolo contendere is considered conviction for purposes of
				this rule;
18.1.12. Advertised,
				practiced or attempted to practice under a name other than his or her
				own;
18.1.13. Failed to report to
				the Board any person whom the licensee knows is in violation of this rule or of
				provisions of W. Va. Code §§
										30-14-1
et seq.
or 30-3E-1
et seq.
;
18.1.14. Aided, assisted, procured or advised
				any unlicensed person to practice osteopathic medicine contrary to this rule or
				W. Va. Code §§
										30-14-1
et seq.
or 30-3E-1
et seq.
;
18.1.15. Failed to perform any statutory or
				legal obligation placed upon a licensed physician;
18.1.16. Made or filed a report which the
				licensee knows to be false; intentionally or negligently failed to file a
				report or record required by state or federal law or willfully impeded or
				obstructed the filing or induced another person to do so. The reports or
				records shall include only those which are signed in the capacity as a licensed
				physician;
18.1.17. Paid or
				received any commission, bonus, kickback or rebate, or engaged in any split-fee
				arrangement in any form whatsoever with a physician, podiatrist, organization,
				agency or person, either directly or indirectly, for patients referred to
				providers of health care goods and services, including, but not limited to,
				hospitals, nursing homes, clinical laboratories, ambulatory surgical centers or
				pharmacies. The provisions of this subdivision shall not be construed to
				prevent a physician from receiving a fee for professional consultation
				services;
18.1.18. Engaged in
				sexual contact with a current patient who is not a spouse of the physician or
				exercised influence within a patient-physician relationship for purposes of
				engaging a patient in sexual activity;
18.1.19. Made deceptive, untrue or fraudulent
				representations in the practice of osteopathic medicine or employed a trick or
				scheme in the practice of osteopathic medicine when the trick or scheme fails
				to conform to the generally prevailing standards of treatment in the medical
				community;
18.1.20. Solicited
				patients, either personally or through an agent, through the use of fraud,
				intimidation, undue influence, or by overreaching or vexatious conduct. A
				solicitation is any communication which directly or implicitly requests an
				immediate response from the recipient;
18.1.21. Failed to keep written records
				justifying the course of treatment of the patient, including, but not limited
				to, patient histories, examination results and test results and treatment
				rendered, if any;
18.1.22.
				Exercised influence on the patient or client in such a manner as to exploit the
				patient or client for the financial gain of the licensee or of a third party,
				which shall include, but not be limited to, the promoting or selling of
				services, goods, appliances or drugs and the promoting or advertising on any
				prescription form of a community pharmacy. For the purposes of this
				subdivision, it is legally presumed that prescribing, dispensing,
				administering, mixing or otherwise preparing legend drugs, including all
				controlled substances, inappropriately or in excessive or inappropriate
				quantities, is not in the best interests of the patient and is not in the
				course of the physician's professional practice, without regard to his or her
				intent;
18.1.23. Prescribed,
				dispensed or administered any drug appearing on any schedule set forth in W.
				Va. Code §§
										60A-2-204 through 212 by the
				physician to himself or herself, except one prescribed, dispensed or
				administered to the physician by another practitioner authorized to prescribe,
				dispense or administer medicinal drugs;
18.1.24. Engaged in malpractice or failed to
				practice osteopathic medicine with that level of care, skill and treatment
				which is recognized by a reasonable, prudent physician engaged in the same or a
				similar specialty as being acceptable under similar conditions and
				circumstances;
18.1.25. Performed
				any procedure or prescribed any therapy which, by the prevailing standards of
				medical practice in the community, would constitute experimentation on a human
				subject, without first obtaining full, informed and written consent from the
				patient;
18.1.26. Practiced or
				offered to practice osteopathic medicine and surgery beyond the scope permitted
				by law or accepted and performed professional responsibilities which the
				licensee knows or has reason to know he or she is not competent to
				perform;
18.1.27. Delegated
				professional responsibilities to a person whom the licensee knew or had reason
				to know is not qualified by training, experience or licensure to perform the
				responsibilities;
18.1.28. Violated
				or attempted to violate any law or lawfully promulgated rule or regulation of
				this state, any other state, the Board, the United States or any other lawful
				authority (without regard to whether the violation is criminally punishable),
				which relates to or in part regulates the practice of osteopathic medicine,
				when the licensee or applicant knows or should know that the action is
				violative of the law, rule or regulation; or has violated a lawful order of the
				Board; or has failed to comply with a lawfully issued subpoena of the Board; or
				has violated an order of any court entered pursuant to any proceedings
				commenced by the Board;
18.1.29.
				Presigned blank prescription forms;
18.1.30. Prescribed, ordered, dispensed,
				administered, supplied, sold or given any drug which is an amphetamine or
				sympathomimetic amine drug and a compound designated as a Schedule II
				controlled substance under W. Va. Code §§
										60A-2-204 through 212, to or for
				any person except for:
18.1.30.a. The
				treatment of narcolepsy; attention deficit disorder, which is a behavioral
				syndrome characterized by inappropriate symptoms of moderate to severe
				distractibility, short attention span, hyperactivity, emotional liability and
				impulsivity; or drug-induced brain dysfunction; or binge eating
				disorder;
18.1.30.b. The
				differential diagnostic psychiatric evaluation of depression or the treatment
				of depression or the treatment of depression shown to be refractory to other
				therapeutic modalities;
18.1.30.c.
				The clinical investigation of the effects of the drugs or compounds when an
				investigative protocol for the drugs or compounds is submitted to, reviewed and
				approved by the Board before the investigation is begun; or
18.1.30.d. The treatment of obesity, when
				consistent with excessive appetite, for periods not to exceed 2 weeks per
				six-week period;
18.1.31.
				Knowingly maintained a professional connection or association with any person
				who is in violation of W. Va. Code §§
										30-14-1
et seq.
or 30-3E-1
et seq.
or the rules of the Board; or has knowingly
				aided, assisted, procured or advised any person to practice osteopathic
				medicine contrary to W. Va. Code §§
										30-14-1
et seq.
or 30-3E-1
et seq.
or to the rules of the Board; or knowingly
				performed any act which in any way aids, assists, procures, advises or
				encourages any unlicensed person or entity to practice osteopathic medicine; or
				has divided fees or agreed to divide fees received for professional services
				with any person, firm, association, corporation or other entity for bringing or
				referring a patient; or has engaged in the practice of osteopathic medicine as
				an officer or employee of any corporation other than one organized and existing
				pursuant to W. Va. Code §
										30-14-1
et seq.
except as a licensed physician, intern or resident of a hospital or teaching
				institution licensed by this state;
18.1.32. Offered, undertaken or agreed to
				cure or treat disease by a secret method, procedure, treatment or medicine; or
				has treated, operated or prescribed for any human condition, by a method,
				means, or procedure which the licensee has refused to divulge upon demand of
				the Board;
18.1.33. Engaged in
				false or deceptive advertising. "False or Deceptive Advertising" means a
				statement that includes a misrepresentation of fact, is likely to mislead or
				deceive because of a failure to disclose material facts, is intended or is
				likely to create false or unjustified expectations of favorable results or
				includes representations or implications that in reasonable probability will
				cause an ordinary prudent person to misunderstand or be deceived; or
18.1.34. Engaged in advertising that is not
				in the public interest. Advertising that is not in the public interest includes
				the following, with the exceptions specifically listed:
18.1.34.a. Advertising that has the effect of
				intimidating or exerting undue pressure;
18.1.34.b. Advertising which is false,
				deceptive, misleading, sensational or flamboyant;
18.1.34.c. Advertising which guarantees
				satisfaction or a cure;
18.1.34.d.
				Advertising which offers gratuitous services or discounts, the purpose of which
				is to deceive the public. This subdivision does not apply to advertising which
				contains an offer to negotiate fees, nor to advertising in conjunction with an
				established policy or program of free care for patients; and
18.1.34.e. Advertising which makes claims of
				professional superiority which a licensee is unable to substantiate.