reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-02A - Contested Case Hearing Procedures › Section 26-2A-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule shall
				  have the following meanings, unless the context otherwise requires:
2.1. "Board" means the West Virginia Board of
				Veterinary Medicine.
2.2.
				"Demanding party" means an individual who has been denied a license, permit,
				registration or certificate to practice a regulated profession as specified in
				§
									30-10-1
				et seq. of W. Va. Code by the Board and who, as a result, demands that a
				hearing be held before the Board on the issue of such denial, which is not
				related to the requirements for such license, permit, registration or
				certificate as specified by W. Va. Code or the Rules of the Board.
2.3. The term "Charged party" means an
				individual who holds a license, permit, registration or certificate to practice
				a profession under the authority of the Board as specified in §
									30-10-1
				et seq. of W. Va. Code and who has been charged by the Board as described in
				Section 3.4 of these rules.
2.4.
				"License" means a license to practice veterinary medicine issued by the Board
				pursuant to W. Va. Code §
									30-10-1
				et seq.
2.5. The term "Licensee"
				means an individual who holds a license to practice veterinary medicine issued
				by the Board.
2.6. "Permit" means a
				temporary permit to practice veterinary medicine issued by the Board pursuant
				to W. Va. Code §
									30-10-1
				et seq.
2.7. "Permittee" means a
				person holding a temporary permit to practice veterinary medicine.
2.8. "Registration" means a veterinary
				technician registration issued under the provisions of W. Va. Code §
									30-10-1
				et seq.
2.9. "Registrant" means a
				person holding a registration as a veterinary technician.
2.10. "Certificate" means an animal
				euthanasia certificate issued under the provisions of W. Va. Code §
				30-10-1 et seq.
2.11. "Certificate
				holder" means a person holding a certificate to euthanize animals.
2.12. "Practice of veterinary medicine" means
				the practice of veterinary medicine as defined in W. Va. Code §
				30-10-1.
2.13. "Hearing committee"
				means those members of the Board assigned to hear a contested case. The hearing
				committee shall consist of a quorum of the members of the
				Board.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-02A - Contested Case Hearing Procedures › Section 26-2A-4 - Transcription of Testimony and Evidence in a Hearing

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 reported by
				stenographic notes and characters or by mechanical means.
4.2. All reported materials shall be
				transcribed. The Board shall have the responsibility to make arrangements for
				the transcription of the reported testimony and evidence.
4.3. Upon the motion of the Board or any
				party assigning error or omission in any part of any transcript, the Board
				chair or presiding member, if the Board chair is not serving on the hearing
				committee 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
				10 days before the vote is taken by the hearing committee on its decision in
				any licensure disciplinary matter.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-02A - Contested Case Hearing Procedures › Section 26-2A-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 to a
				hearing may submit proposed findings of fact and conclusions of law at a time
				and manner designated by the Board.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-02A - Contested Case Hearing Procedures › Section 26-2A-6 - Conferences; lnformal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. At any time prior to the hearing or
				thereafter, the Board or its designee may hold conferences for the following
				purposes:
6.1.1. To dispose of procedural
				requests, prehearing motions or similar matters;
6.1.2. To simplify or settle issues by
				consent of the parties; or,
6.1.3.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-02A - Contested Case Hearing Procedures › Section 26-2A-7 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. 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 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-02A - Contested Case Hearing Procedures › Section 26-2A-8 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Subpoenas to
				compel the attendance of witnesses and subpoenas duces tecum to compel the
				production of documents may be issued by any member of the Board or its
				Executive Director. Such subpoenas and subpoenas duces tecum shall be issued
				pursuant to W. Va. Code §
									29A-5-1(b).
8.2. Written requests by a party other than
				the Board for the issuance of subpoenas or subpoenas duces tecum as provided in
				subsection 8.1 of this section must be received by the Board no later than 10
				days before a scheduled hearing. Any such party requesting the issuance of
				subpoenas or subpoenas duces tecum shall see that they are properly served in
				accordance with W. Va. Code §
									29A-5-1(b).
8.3. A person serving a subpoena or subpoena
				duces tecum at the request of the Board shall be authorized by law to render
				this service and his or her compensation for the service shall be in accordance
				with W. Va. Code §
									29A-5-1.(b).
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-02A - Contested Case Hearing Procedures › Section 26-2A-9 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. 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 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.
9.2. The findings of fact and
				conclusions of law must be approved by a majority of the Board either by a
				written 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 or her attorney of record, if
				any, within 10 days after entry by the Board by personal service or by
				registered or certified mail.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-02A - Contested Case Hearing Procedures › Section 26-2A-10 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An appeal
				from any final order entered in accordance with these rules shall comply with
				the provisions of W. Va. Code §
									30-1-9
				and W. Va. Code §
									29A-5-4
				et seq.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-03 - Registration of Veterinary Technicians › Section 26-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule establishes the procedures by which Veterinary Technicians
				may be registered and regulated by the West Virginia Board of Veterinary
				Medicine.
1.2. Authority. -- W. Va.
				Code §
									30-10-6
1.3. Filing Date. -- April 1, 2020
1.4. Effective Date. -- July 1,
				2020
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect on July 1,
				2030.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-03 - Registration of Veterinary Technicians › Section 26-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the West Virginia Board of
				Veterinary Medicine.
2.2. "Initial
				registration" means obtaining a registration in West Virginia for the practice
				of veterinary technology for the first time.
2.3. "Registration" or "registrant" means the
				official authorization by the board to engage in the practice of veterinary
				technology.
2.4. "Unreversed", as
				that term refers to a criminal conviction, means that a conviction has not been
				set aside, vacated, pardoned, or expunged.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-03 - Registration of Veterinary Technicians › Section 26-3-3 - Registration of Veterinary Technicians

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The West Virginia Board of Veterinary
				Medicine shall examine and register persons who have graduated with a degree in
				veterinary technology from a school approved by the Board.
3.2. No person may use the term, be addressed
				as or referred to with respect to veterinary medicine as a "veterinary
				technician" or a "technician" unless he or she has complied with the
				requirements for registration by the Board, and is currently authorized by the
				Board to use the title of "Registered Veterinary Technician, or
				"R.V.T."
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-03 - Registration of Veterinary Technicians › Section 26-3-4 - Applications and Examinations for Veterinary Technicians

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Before a person
				may take the jurisprudence examination for a registration to practice
				veterinary technology, he or she shall submit an application, along with the
				non-refundable required fees, or qualify for a waiver of fees, to the Board.
				The application shall contain the following information, which shall be
				retained in the applicant's file:
4.1.1.
				Applicant's name, address, and certified copy of the applicant's birth
				certificate or official record of birth;
4.1.2. Verification of US citizenship or
				written documentation of applicants' authority to reside and work in the United
				States;
4.1.3. Certified transcript
				showing applicant's educational qualifications, including the name, location of
				the school, and the date the degree was awarded;
4.1.4. Applicant shall indicate whether he or
				she has ever been denied a registration or had a registration restricted or
				disciplined in any other state or jurisdiction with the name of the state or
				jurisdiction;
4.1.5. Verification
				of applicant's status as a registrant from each state or jurisdiction where he
				or she now holds or ever held a registration;
4.1.6. Certified written verifications of
				name changes;
4.1.7. A document
				provided in language other than English shall be accompanied by an English
				translation copy with the name and address of the translator listed;
4.1.8. A current photograph of the applicant.
				Applicant shall be alone in the photograph;
4.1.9. The applicant shall state in the
				application that he or she will abide by the laws of this State regulating the
				practice of veterinary technology and that he or she will abide by the rules of
				the Board;
4.1.10. The application
				shall be signed by the applicant.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-03 - Registration of Veterinary Technicians › Section 26-3-5 - Veterinary Technician Jurisprudence Examination Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Jurisprudence
				examinations shall be taken online.
5.2. Jurisprudence examinations shall cover
				the laws governing veterinary technology in the State of West
				Virginia.
5.3. The Board shall
				notify the applicant of the jurisprudence examination results the day of the
				examination.
5.4. If an applicant
				fails the examination, the test may be retaken once within 30 days and no
				sooner than 7 days.
5.5.
				Examinations are the property of the Board and shall not be duplicated in any
				form.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-03 - Registration of Veterinary Technicians › Section 26-3-6 - Veterinary Technician Registrations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Board shall issue a certificate of
				registration to any person who has successfully completed the requirements of
				this rule. The registration shall be displayed in the principal office of the
				veterinary facility where the veterinary technician is employed. Any person
				registered has the right to use the title "Registered Veterinary Technician"
				and the abbreviation "R.V.T."
6.2.
				Upon payment of the registration fee or qualifying for a waiver of fees, the
				Board shall issue a registration to a qualified candidate who passes the
				examinations and meets the requirements of the Board to practice the profession
				of veterinary technology. If any veterinary technician desires that a duplicate
				registration certificate be issued, the Board shall issue such certificate upon
				payment of the duplicate registration certificate fee as set forth in the
				Schedule of Fees.
6.3. The
				registration certificate issued by the Board shall include the registrant's
				full name, a registration number, the Board seal, the effective date and the
				expiration date, and shall bear the signatures of the Chairperson and
				Secretary-Treasurer of the Board.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-03 - Registration of Veterinary Technicians › Section 26-3-7 - Veterinary Technician Registration Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Board shall
				notify each registered veterinary technician that his or her registration will
				expire on December 31. However, failure to receive the notification does not
				exempt a registrant from meeting the requirements of this rule. The Board shall
				issue a certificate of renewal to all registrants renewing their registrations
				under the provisions of this rule.
7.2. A veterinary technician may renew his or
				her registration from October 1 through December 31 of each year. Registration
				renewal requires completion of the required registration renewal form, payment
				of the annual renewal fee as specified in the Schedule of Fees, and
				certification to the Board that he or she has completed all continuing
				education requirements.
7.3. A
				registration that is not renewed will automatically be placed on expired status
				unless a specific request was made to place the registration on inactive
				status.
7.3.1. To renew a registration up to
				one year after the expiration date, the applicant must complete the required
				registration renewal form, pay the late renewal fee as specified in the
				Schedule of Fees, and submit evidence of completion of continuing education
				hours.
7.3.2. To reactivate an
				expired registration exceeding 1 year, the applicant must meet the requirements
				of §
										26-3-3,
				pay the late renewal fee as specified in the Schedule of Fees, and submit
				evidence of completion of the required continuing education hours, for a
				maximum of 16 hours. The board may require additional documentation of clinical
				competency and professional activities.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-03 - Registration of Veterinary Technicians › Section 26-3-8 - Registered Veterinary Technician Disciplinary Action

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Board may
				deny, suspend or revoke a registration, impose a civil penalty, place a
				person's registration on probation, reprimand a registrant, refuse to examine
				an applicant or issue a registration or renew a registration, as provided by
				law and as provided in these rules if it finds an applicant or registrant:
8.1.1. Has presented to the Board false or
				fraudulent evidence of qualification or has been found to be guilty of fraud or
				deception in the process of examination, or for the purpose of securing a
				registration;
8.1.2. Is chronically
				or habitually intoxicated, has a chemical dependency or is addicted to
				drugs;
8.1.3. Has engaged in
				dishonest, unethical, or illegal practices in or connected with the practice of
				veterinary technology, or has been convicted of a misdemeanor related to the
				practice of veterinary technology or animal abuse or neglect;
8.1.4. Has been convicted of a felony under
				the laws of the State of West Virginia or any other state or jurisdiction of
				the United States or of the federal government of the United States;
8.1.5. Has engaged in practices or conduct in
				connection with the practice of veterinary technology which violate the
				standards of professional conduct as established by the Board;
8.1.6. Has permitted or allowed another to
				use his or her authorization to practice veterinary technology in this or any
				other state;
8.1.7. Has committed
				fraud in the application or reporting of a test of animal disease;
8.1.8. Has received any kickback for
				referring a client to another provider of veterinary services or
				goods;
8.1.9. Has performed
				unnecessary or unauthorized treatment;
8.1.10. Has been convicted of cruelty to
				animals;
8.1.11. Has committed an
				act or acts of unprofessional conduct;
8.1.12. Has committed gross malpractice or is
				guilty of a pattern of acts indicating consistent malpractice, negligence,
				incompetence in the practice of veterinary technology;
8.1.13. Has received disciplinary action in
				another jurisdiction, including the suspension, probation or revocation of a
				registration as a veterinary technician issued by another
				jurisdiction;
8.1.14. Has
				represented himself or herself as a specialist without completing the process
				of certification in a recognized veterinary technician specialty
				area.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-03 - Registration of Veterinary Technicians › Section 26-3-9 - Petition for Registration Eligibility Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An individual
				with a criminal record who has not previously applied for registration may
				petition the Board at any time for a determination of whether the individual's
				criminal record will disqualify the individual from obtaining a
				registration.
9.2. The petition
				shall be submitted on an application form prescribed by the Board and shall
				include sufficient details about the individual's criminal record to enable the
				Board to identify the jurisdiction where the conviction occurred, the date of
				the conviction, the date of the release from incarceration if applicable, and
				the specific nature of the conviction. Where the records are sealed, the
				applicant shall sign a waiver authorizing the Board to access the criminal
				records of the applicant in order for the Board to make the eligibility
				determination.
9.3. The applicant
				may submit with the petition evidence of rehabilitation, letters of reference,
				and any other information the applicant deems relevant to show fitness and the
				ability to practice veterinary technology.
9.4. The Board shall provide the
				determination within 60 days of receiving the petition and the applicable fee
				from the applicant.
9.5. The fee
				for an applicant petitioning for a registration eligibility determination is
				specified in the Schedule of Fees and upon acknowledgement of eligibility by
				the Board and upon the submission of an application for registration, the
				eligibility fee shall be deducted from the applicable initial registration
				application fee.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-04 - Standards of Practice › Section 26-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the standards of practice and professional conduct required of
				veterinarians licensed and regulated by the West Virginia Board of Veterinary
				Medicine.
1.2. Authority. -- W. Va.
				Code §
									30-10-1
				et seq.
1.3. Filing Date. -- May 8,
				2017
1.4. Effective Date. -- July
				1, 2017.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon the
				expiration of July 1, 2027.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-04 - Standards of Practice › Section 26-4-4 - Classification of Veterinary Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The following are classifications of
				veterinary practices:
4.1.a.
				Ambulatory
4.1.b.
				Emergency
4.1.c. Mobile
4.1.d. Stationary
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-04 - Standards of Practice › Section 26-4-5 - Mandatory Standards for the Practice of Veterinary Medicine

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				classifications of veterinary practice as referenced or defined by §
				26-4-4 shall meet these mandatory standards.
5.1.a. A veterinarian shall deliver
				veterinary care in a competent and humane manner.
5.1.b. A veterinarian shall perform all
				aspects of veterinary medicine and surgery in a manner compatible with current
				veterinary medical practice.
5.1.c.
				Upon the formation of a veterinarian/client/patient relationship, in order for
				a veterinarian to exercise properly the rights granted by a veterinary license,
				the veterinarian shall:
5.1.c.1. Perform a
				physical examination of the animal. A group of animals of one species under
				single ownership may be considered as a single entity. A
				veterinarian/client/patient relationship is established for the whole group if
				a representative number of animals have been examined.
5.1.c.2. Discuss with the client a diagnostic
				assessment and treatment plan, including medications and follow up
				recommendations. This information shall be entered into the patient's medical
				record.
5.1.d. Licenses
				and permits issued by the Board shall be posted in a place conspicuous to the
				public at the establishment where veterinary services are being provided.
				Licensees who do relief or temporary work in an establishment shall carry a
				license with them or post it at the establishment. Ambulatory veterinary
				practices that do not have an office accessible to the public shall carry their
				licenses and permits in their vehicles.
5.1.e. The practice shall comply with
				federal, state, and local regulations in regards to the maintenance and
				disposal of all chemical and pharmaceutical agents.
5.1.f. A veterinarian who performs euthanasia
				shall do so in a competent and humane manner.
5.1.g. A veterinarian shall provide and
				maintain sanitary methods for the disposal of deceased animals in compliance
				with the local, state and federal health rules and regulations, and provide
				refrigeration exclusively for carcasses of companion animals that require
				storage for 12 hours or more.
5.1.h. A veterinarian shall dispose of
				medical waste including sharps in accordance with local, state and federal
				laws.
5.1.i. Equipment currently in
				use shall be maintained in working order within manufacturer
				guidelines.
5.1.j. Current
				veterinary journals and textbooks or immediate internet access to the
				information provided by current veterinary journals and textbooks need to be
				available for ready reference.
5.1.k. A veterinarian shall have a method of
				correctly weighing an animal.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-04 - Standards of Practice › Section 26-4-6 - Mobile and Stationary Mandatory Facility Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In addition to the requirements of
				§ 26-4-5, mobile and stationary facilities must meet the following
				facility standards:
6.1.a. A reception room
				and office, or a combination of the two;
6.1.b. An examination area, species suitable,
				which is separate from other areas of the facility of sufficient size to
				accommodate the veterinarian, technician or assistant, patient, and client. The
				area shall also at a minimum have:
6.1.b.1.
				Lighting adequate to perform a thorough physical examination;
6.1.b.2. Convenient access to a sink with hot
				and cold running water.
6.1.c. Indoor lighting sufficient for the
				safety of staff and patients.
6.1.d. A kennel, stall, or housing area where
				animals can be retained for treatment and post surgical observation. This area
				shall have separate compartments for each animal which shall be maintained in a
				sanitary manner and allow for the comfort of the animal.
6.1.e. If animals are housed overnight, an
				isolation area with the proper protocol to handle infectious
				diseases.
6.1.f. Examination table
				with an impervious surface which can be easily cleaned and disinfected. An
				examination table is optional in large animal mobile practices.
6.1.g. All floors, counter tops and wall
				surfaces in the traffic or working areas of the hospital constructed with an
				impervious material that can be easily washed and disinfected.
6.1.h. Small animal practices which house
				animals overnight must have at least 1 exercise run maintained in a clean and
				sanitary condition. The surfaces (walls and flooring) shall be impervious so
				that they can be sanitized and disinfected.
6.1.i. Surgical Services
6.1.i.1. A room designated solely for
				surgery, separated by doors, and distinct from all other rooms. The room shall
				have at a minimum:
6.1.i.2.
				Lighting adequate to perform surgery. A surgery room shall be equipped with
				either a ceiling mounted or free standing surgery light with a light source
				capable of being adjusted or redirected. Backup emergency lighting is required
				of sufficient intensity to conclude surgery in case of power outage;
6.1.i.3. A surgery table with an impervious
				surface which can be cleaned and easily disinfected.
6.1.i.4. An illuminated X-ray viewer or a
				device to view digital images readily accessible to the surgery room;
6.1.i.5. Walls, floors, and counter tops
				constructed with an impervious material capable of being cleaned and routinely
				disinfected.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-04 - Standards of Practice › Section 26-4-7 - Veterinarian in Charge

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				veterinarian-in-charge of a veterinary establishment is responsible for:
7.1.a. Being on site as necessary to provide
				routine oversight to the veterinary establishment for patient safety and
				compliance with law and regulation.
7.1.b. Performing or overseeing the biennial
				controlled substance inventory and ensuring compliance at the facility with any
				federal or state law relating to controlled substances. The performance of the
				biennial inventory may be delegated to another licensee, provided the
				veterinarian-in-charge signs the inventory and remains responsible for its
				content and accuracy.
7.1.c.
				Notifying the Board in writing of the closure of the permitted facility 10 days
				prior to closure.
7.1.d. Notifying
				the Board immediately if no longer acting as the
				veterinarian-in-charge.
7.1.e.
				Ensuring the establishment maintains a current and valid permit issued by the
				Board.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-04 - Standards of Practice › Section 26-4-8 - Facility Inspections and Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A new veterinary facility shall be
				inspected by the Board prior to opening. The Board, shall grant an
				authorization to begin operation while the facility awaits its initial
				inspection if this inspection is delayed for reasons not associated with the
				practice or its operators.
8.2. A
				registered veterinary facility shall be inspected by the Board on a rotating
				basis every 2 years, except when the Board requires a re-inspection due to the
				facility not meeting all requirements for that type of facility at the routine
				inspection. Additionally, the Board may inspect a facility at any time for just
				cause. Only after the Board determines that the facility meets the respective
				provisions for operation under this rule may it lawfully operate.
8.3. Should a veterinary facility change
				ownership, the new owner shall notify the Board within 5 days of such purchase
				and will be subject to re-inspection.
8.4. An owner of veterinary practices
				operating shall complete and file annually, on or before June 30, on a form
				approved by the Board, an annual veterinary practice registration, and shall
				pay the veterinary practice annual permit fee, as prescribed by 26
				CSR6.
8.5. If the owner of a
				veterinary practice does not file an annual veterinary practice registration by
				June 30 and the Board performs inspections in the region without knowledge of
				the existence of the facility, the veterinary practice is liable for the
				additional trip to inspect the non-compliant practice, and the fee for
				inspection is double the usual and customary fee for practice inspection as
				specified in the Schedule of Fees.
8.6. The Board shall not issue a renewal
				license to a veterinarian who is an owner of a veterinary facility situated in
				this state that has not filed an annual facility registration, or that has
				refused to allow a representative of the Board to inspect the veterinary
				facility during the facilities regular business hours.
8.7. The Board may revoke or suspend a
				facility registration for not being in compliance with this Rule.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-04 - Standards of Practice › Section 26-4-9 - Abandoned Animals

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An
				"abandoned animal" means any animal placed for treatment or boarding by its
				owner or an agent of the owner in the care and custody of a veterinarian, which
				is not retrieved by the owner or agent of the owner from the veterinarian
				within 72 hours of the veterinarians specified release date of a hospitalized
				animal or the scheduled release date of a boarded animal. The owner or agent of
				the owner shall be sent a certified letter to his or her last known address,
				return receipt requested, informing him or her that the animal is available for
				pickup. The letter to the owner or agent of the owner shall also state the
				amount owed, if any, to the veterinarian for the treatment and care of the
				animal, set by the W.Va. Code R. § 26-4-9.2. that the veterinarian may
				elect the humane disposal of an abandoned animal no sooner than 7 days after
				the veterinarian has mailed a certified letter.
9.2. A veterinarian may elect the humane
				disposal of an abandoned animal no sooner than 7 days after the veterinarian
				has mailed a certified letter to the owner or agent of an abandoned animal
				indicating his or her intent to humanely dispose of the animal. In the event
				the owner or agent cannot be notified by certified mail, return receipt
				requested, the veterinarian may elect humane disposal any time after 7 days
				following the mailing of the certified letter, providing the veterinarian has a
				posted receipt from the mailing entity verifying the mailing date of the
				certified letter. The veterinarian shall keep an accurate record of the date
				and method of disposal, and the name, address and telephone number of the
				person or shelter receiving the animal, if it is not destroyed.
9.3. The humane disposal of abandoned animal
				shall not relieve the owner or agent of any financial obligation incurred for
				treatment, boarding or care by the veterinarian. Alternatively, an animal may
				be placed in a suitable home or animal shelter, which shall not include any
				home or shelter which engages in animal experimentation or, by sale or
				otherwise, makes animals available for the purpose of animal
				experimentation.
9.4. Notification
				and humane disposal as provided in this section relieves the veterinarian of
				any further liability regarding the abandoned animal.
9.5. The veterinarian shall post a copy of
				this section in a conspicuous location at the veterinary facility.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-04 - Standards of Practice › Section 26-4-10 - Immunization Clinics

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Immunization clinics shall be operated by a veterinarian licensed by the Board
				who has a registered veterinary practice in the county or adjoining counties
				where the clinic is being held. Any immunizations provided at the clinic other
				than rabies vaccinations shall be administered by a veterinarian or a
				registered veterinary technician supervised by the veterinarian on
				site.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-04 - Standards of Practice › Section 26-4-11 - Non-Typical Emergency and Disaster Situations

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In the event of a natural disaster or
				local malfunction of utilities, veterinary practices may temporarily operate
				their businesses outside of these standards of practice if the veterinarian
				makes amends to alleviate as much as possible the problems associated with the
				temporary loss of facilities, utilities, or transportation. All efforts are
				directed to keep patients safe while continuing to provide needed veterinary
				and lifesaving services. Every effort will be made by the practice owner to
				bring the facility into full compliance with the standards of practice as
				quickly as possible.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-05 - Certified Animal Euthanasia Technicians › Section 26-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes guidelines for the training, examination and procedures by
				which animal euthanasia techniciansmay be certified by the West Virginia Board
				of Veterinary Medicineand establishes approved methods of animal euthanasia and
				expands as well as defines qualifications for certified animal
				euthanasia
.
1.2. Authority. -- W. Va. Code §
									30-10-6.
1.3. Filing Date. -- April 23,
				2018.
1.4. Effective Date. -- July
				1, 2018.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on July 1,
				2028.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-05 - Certified Animal Euthanasia Technicians › Section 26-5-2 - Application for Certified Animal Euthanasia Technicians

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Before any person may take the
				examination for certification in the state of WV, he or she shall submit an
				application along with the non-refundable fees to the Board. The application
				shall contain the following information, which shall be retained in the
				applicant's file:
2.1.a. Applicant's name,
				address, and certified copy of the applicant's birth certificate or official
				record of birth;
2.1.b.
				Verification of US citizenship or documentation of applicant's authority to
				reside and work in the United States;
2.1.c. Proof of high school diploma or
				equivalent;
2.1.d. Certified
				written verification of name changes;
2.1.e. A current photograph. Applicant shall
				be alone in the photo;
2.1.f.
				Applicant shall indicate whether he or she has ever been denied a certification
				or had a certification restricted or disciplined in any other state or
				jurisdiction with the name of the state or jurisdiction;
2.1.g. Verification of applicant's status as
				a certification from each state or jurisdiction where he or she now holds or
				ever held a certificate;
2.1.h. The
				applicant shall tender the required fees as contained in the Schedule of Fees
				with the application;
2.1.i. The
				applicant shall certify that he or she will abide by the laws of this State
				regulating the practice of animal euthanasia technology and that he or she will
				abide by the rules of the Board;
2.1.j. The application shall be signed by the
				applicant.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-05 - Certified Animal Euthanasia Technicians › Section 26-5-3 - Certified Animal Euthanasia Technicians Program

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board may formulate and administer
				programs to teach applicants the legal, safety and practical information
				necessary to perform the duties of a certified animal euthanasia technician.
				The Board may also approve programs sponsored by professional training
				organizations to provide the training for certified animal euthanasia
				technicians.
3.2. The
				administration of the program sponsored by a professional training organization
				shall be in accordance with the laws, rules, practices, policies, or procedures
				prescribed by the Board or its designees.The Certified Animal Euthanasia
				Technician Training Manual is incorporated by reference.
3.3. The Board shall annually appoint a
				minimum of 1 or a maximum of 2 board members who are veterinarians for the
				purpose of administering the practical skills examination to applicants for
				certification as an animal euthanasia technician, or may assign administration
				of the examination to a veterinarian or veterinarians licensed to practice in
				this state.
3.4. The Board member
				or members, or authorized veterinarian shall conduct the practical skills
				examination to determine the applicants' ability in meeting the requirements
				for animal euthanasia technology in the State of WV.
3.5. The Board member or members or
				authorized veterinarian who administer the practical examination shall
				determine failure or passing of the practical examination.
3.6. The Board shall offer the certified
				animal euthanasia technician training program and the written and practical
				skills examination at least once a year.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-05 - Certified Animal Euthanasia Technicians › Section 26-5-4 - Certified Animal Euthanasia Technician Jurisprudence Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Jurisprudence
				examinations shall cover the laws governing animal euthanasia technology in the
				State of West Virginia.
4.2.
				Examinations are the property of the Board and shall not be duplicated in any
				form.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-05 - Certified Animal Euthanasia Technicians › Section 26-5-5 - Certified Animal Euthanasia Technician Certificate Holder

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board shall issue a certificate to a
				qualified candidate who passes the examinations and meets the requirements of
				the Board to practice the profession of animal euthanasia technology and upon
				payment of the certification fee. If any certified animal euthanasia technician
				desires that a duplicate registration be issued, the Board shall issue a
				duplicate registration upon payment of the fee as set forth in the Schedule of
				Fees.
5.2. The certificate issued
				by the Board shall include the certificate holder's full name, registration
				number, the Board seal, the effective date and the expiration date and shall
				bear the signatures of the Chairperson and Secretary-Treasurer of the
				Board.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-05 - Certified Animal Euthanasia Technicians › Section 26-5-7 - Chemical Restraint Drugs

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Chemical Restraint Drugs are those drugs
				approved by the Board for administration prior to lethal injection of an animal
				to reduce aggressiveness and/or mobility of the animal being
				euthanized.
7.2. Recordkeeping
				requirements for approved chemical restraint drugs shall be identical to the
				recordkeeping requirements for animal euthanasia drugs.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-05 - Certified Animal Euthanasia Technicians › Section 26-5-8 - Animal Euthanasia Technician Disciplinary Action

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Board may deny, suspend or revoke a
				certification, impose a civil penalty, place a person's certificate on
				probation, reprimand a certificate holder, refuse to examine an applicant or
				issue a certification or renew a certification, as provided by law and as
				provided by this rule if it finds an applicant or certificate holder:
8.1.a. Has presented to the Board false or
				fraudulent evidence of qualification or has been found to be guilty of fraud or
				deception in the process of securing a certificate;
8.1.b. Is chronically or habitually
				intoxicated, has a chemical dependency or is addicted to drugs;
8.1.c. Has engaged in dishonest, unethical,
				or illegal practices in or connected with the practice of animal euthanasia
				technology, or has been convicted of a misdemeanor related to the practice of
				animal euthanasia technology or animal abuse or neglect;
8.1.d. Has been convicted of a felony under
				the laws of state, jurisdiction, or federal government of the United States or
				any other crime involving moral turpitude;
8.1.e. Has engaged in practices or conduct in
				connection with the practice of animal euthanasia technology which violate the
				standards of professional conduct as established by the Board;
8.1.f. Has permitted or allowed another to
				use his or her certification to practice animal euthanasia in this or any other
				state;
8.1.g. Has committed fraud
				in the application or record keeping of any animal;
8.1.h. Has failed to maintain records at the
				place of business of the certified animal euthanasia technician which shall
				include, but not be limited to those specified in Section 9 of this
				rule;
8.1.i. Has performed
				unnecessary or unauthorized treatment;
8.1.j. Has participated in any unlawful,
				unethical or inhumane act;
8.1.k.
				Used Sodium Pentobarbital, Sodium Pentobarbital compounds or any other Board
				approved euthanasia solutions, sedatives, or tranquilizers for pre-euthanasia
				administration for any purpose other than humane animal euthanasia or that the
				permitted facility has failed to abide by the rules for the safe and efficient
				purchase, possession, or administration of Board approved euthanasia solutions,
				sedatives, or tranquilizers for pre-euthanasia administration; or
8.1.l. Has received disciplinary action in
				another jurisdiction, including the suspension, probation or revocation of a
				certificate holder as an animal euthanasia technician issued by another
				jurisdiction.
West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-05 - Certified Animal Euthanasia Technicians › Section 26-5-9 - Record keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Certified animal euthanasia technicians that have a Federal Drug Enforcement
				Administration (DEA) number and administer controlled substances shall comply
				with the federal and state laws pertaining to the usage of controlled
				substances; including maintaining a register, which shall indicate the
				following:
9.1.a. Identification of the
				animals euthanized;
9.1.b. Method
				utilized for the euthanasia of each animal;
9.1.c. Drugs administered, including
				dosage;
9.1.d. Date of
				euthanasia;
9.1.e. Method of
				sanitary disposal of animal's remains; and
9.1.f. An inventory of all receipts,
				administrations and distributions of all euthanasia solutions, sedatives and
				tranquilizers.