reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-03 - Contested Case Hearing Procedure › Section 14-3-2 - 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
				Optometry.
2.2. "Demanding Party"
				means an individual who has been denied a license to practice optometry 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. The
				term "Charged Party" means an individual who holds a license to practice
				optometry or permit issued by the Board and who has been charged by the Board
				as described in Section 3.4 of these rules.
2.4. "License" means a license or permit
				issued by the Board pursuant to W. Va. Code §
									30-8-1
				et seq.
2.5. The term "Licensee"
				means an individual who holds a license to practice optometry issued by the
				Board.
2.6. "Permittee" means a
				person who holds a temporary optometry permit.
2.7. "Practice of optometry" means the
				practice of optometry as defined in W. Va. Code §
									30-8-3.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-03 - Contested Case Hearing Procedure › Section 14-3-4 - 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 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, presiding member or the 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 permit disciplinary
				matter.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-03 - Contested Case Hearing Procedure › Section 14-3-5 - 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.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-03 - Contested Case Hearing Procedure › Section 14-3-6 - 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.a. To dispose of procedural
				requests, pre-hearing motions or similar matters;
6.1.b. To simplify or settle issues by
				consent of the parties; or,
6.1.c.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-03 - Contested Case Hearing Procedure › Section 14-3-7 - 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 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-03 - Contested Case Hearing Procedure › Section 14-3-8 - 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, its Executive
				Director or its Assistant Executive Director. Such subpoenas shall be issued
				pursuant to W. Va. Code §
									29A-5-1(b).
8.2. Written requests by a party 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 ten (10) days before a
				scheduled hearing. Any party requesting the issuance of 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 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-03 - Contested Case Hearing Procedure › Section 14-3-9 - 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 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
9.2. 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. The Board may assess administrative costs to the licensee if the
				licensee is found to have violated the provisions of W. Va. Code §
									30-8-1
				et. seq. or the Board's rules, 14CSR. Any costs which are assessed shall be
				placed into the special account of the Board. 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 ten (10)
				days after entry by the Board by personal service or by registered or certified
				mail.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-03 - Contested Case Hearing Procedure › Section 14-3-10 - 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
				29A-6-1
				et seq.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-04 - Disciplinary And Complaint Procedures For Optometrists › Section 14-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies a procedure for the investigation and resolution of complaints
				against optometrists.
1.2.
				Authority. -- W. Va. Code §§
									30-8-1
				et seq. and 30-1-1 et seq.
1.3.
				Filing Date. -- January 4, 2011.
1.4. Effective Date. -- February 5,
				2011.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-04 - Disciplinary And Complaint Procedures For Optometrists › Section 14-4-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule
				applies to all licensed optometrists.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-04 - Disciplinary And Complaint Procedures For Optometrists › Section 14-4-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the
				  following meanings, unless the context otherwise requires:
3.1. "Applicant" means any person making
				application for an original or renewal license pursuant to W. Va. Code §
									30-8-1
				et seq.
3.2. "Board" means the West
				Virginia Board of Optometry.
3.3.
				"License" means a license issued by the Board pursuant to W. Va. Code §
									30-8-1
				et seq.
3.4. "Optometrist" means a
				person who practices optometry as defined in W. Va. Code §
									30-8-3.
3.5. "Investigator" means a person who is
				hired by the Board for the purpose of reviewing complaints against
				optometrists.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-04 - Disciplinary And Complaint Procedures For Optometrists › Section 14-4-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Optometrists

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The Board may deny an application for license, place a licensee on probation,
				limit or restrict a license, suspend a license or revoke any license issued by
				the Board, upon satisfactory proof that a licensee has been convicted of a
				felony or is, in his or her professional capacity, engaged in conduct,
				practices or acts constituting professional negligence or a willful departure
				from accepted standards of professional conduct in violation of W. Va. Code
				§
									30-8-1
				et seq. or the rules of the Board.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-04 - Disciplinary And Complaint Procedures For Optometrists › Section 14-4-5 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				person, firm, corporation, member of the Board, or public officer may make a
				complaint to the Board which charges an optometrist or unlicensed individual or
				entity engaged in the practice of optometry with a violation of W. Va. Code
				§
									30-8-1
				et seq. or of conduct which would be a violation 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:
5.1.a. The name and address of the
				optometrist or unlicensed individual or entity engaged in the practice of
				optometry against whom the complaint is lodged;
5.1.b. The date of care;
5.1.c. The name of any person who may have
				treated the patient after the alleged incident; and,
5.1.d. 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 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-04 - Disciplinary And Complaint Procedures For Optometrists › Section 14-4-6 - Methods of Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. When
				the Board finds that any applicant is unqualified to be granted a license or
				finds that any licensee or permittee should be disciplined pursuant to W. Va.
				Code §
									30-8-1
				et. seq. or rules of the Board, the Board may take any of the actions listed in
				W. Va. Code §
									30-8-18.
6.2. In addition to and in conjunction with
				the foregoing actions, the Board may make a finding adverse to the licensee or
				applicant, but withhold imposition of judgment and penalty, or it may impose
				the judgment and penalty but suspend or otherwise stay enforcement thereof and
				place the applicant, licensee or permittee on probation, which probation may be
				vacated upon noncompliance with such reasonable terms as the Board may impose.
				In its discretion, the Board may restore and reissue a license to practice
				optometry issued under W. Va. Code §
									30-8-1
				et seq., or any antecedent law, and as a condition of reinstatement, it may
				impose any disciplinary or corrective measure(s) provided for in this rule or
				in the W. Va. Code §
									30-8-1
				et. seq. The provisions of 14CSR4-6.2 shall not apply to revoked
				licenses.
6.3. The Board may assess
				administrative costs to the licensee if the licensee is found to have violated
				the provisions of W. Va. Code §
									30-8-1
				et. seq. or the Board's rules, 14CSR. Any costs which are assessed shall be
				placed in the special account of the Board.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-04 - Disciplinary And Complaint Procedures For Optometrists › Section 14-4-7 - Contested Case Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Board may refuse to renew a license, suspend or revoke a license or bring an
				action in a court of competent jurisdiction to enforce the provisions of W. Va.
				Code §30-8 against an unlicensed individual or entity engaged in the
				practice of optometry if it determines there is probable cause to believe that
				the optometrist's or unlicensed individual or entity engaged in the practice of
				optometry's conduct, practices or acts constitute an immediate danger to the
				public.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-04 - Disciplinary And Complaint Procedures For Optometrists › Section 14-4-8 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any applicant
				or unlicensed individual or entity engaged in the practice of optometry who has
				had his or her application for a license denied or had court action taken
				against him or her by order of the Board may appeal the order within thirty
				(30) days of that action in accordance with the contested case hearing
				procedures set forth in W. Va. Code §
									29A-6-1
				et seq. and the 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.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-04 - Disciplinary And Complaint Procedures For Optometrists › Section 14-4-9 - Court Action and the Unlicensed Practice Of Optometry

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board may institute, in its own
				name, proceedings to temporarily or permanently restrain and enjoin the
				practice of optometry by the following:
9.1.a.
				An individual who is not licensed to practice optometry pursuant to Chapter
				30-8, or who is involved in conduct not specifically exempted from the
				requirement of Chapter 30-8; or
9.1.b. An individual who was previously
				licensed by the Board to practice optometry but is currently practicing
				optometry in violation of Chapter 30-8, regardless of whether the respondent
				has been convicted of violating the penal provisions thereof.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-05 - Schedule Of Fees › Section 14-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				schedule establishes the fees to be charged by the Board.
1.2. Authority. -- W. Va. Code §
									30-8-5.
1.3. Filing Date. -- August 12,
				2011.
1.4. Effective Date. --
				August 15, 2011.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-05 - Schedule Of Fees › Section 14-5-2 - Schedule of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
Application
							 Fee..........................................................................................................
$300.00
2.2.
Reciprocity Application
							 Fee........................................................................................
$300.00
2.3.
Active License Restoration
							 Fee..................................................................................
$400.00
2.4.
Temporary
							 Permit......................................................................................................
$300.00
2.5.
Oral Pharmaceutical
							 Certificate..................................................................................
$200.00
2.6.
Contact Lenses That Deliver
							 Pharmaceuticals Certificate..............................................
$50.00
2.7.
Pharmaceuticals By Injection
							 Certificate.....................................................................
$200.00
2.8.
License Card and
							 Certificate......................................................................................
$100.00
2.9.
Duplicate License
							 Card................................................................................................
$15.00
2.10.
Duplicate
							 Certificate..................................................................................................
$25.00
2.11.
Annual Renewal
							 Fee................................................................................................
$400.00
2.12.
Late Renewal
							 Fee....................................................................................................
$200.00
2.13.
Continuing Education Provider
							 Fee..............................................................................
$50.00
2.14.
Confirmation of
							 Licensure..........................................................................................
$25.00
2.15.
Business Entity Verification
							 Fee.................................................................................
$25.00
2.16.
Roster of WV Optometrists Electronic
							 or Hard Copy.................................................
$200.00
2.17.
Rules and Practice
							 Act..............................................................................................
$25.00
2.18.
Written Change of
							 Name...........................................................................................
$10.00
2.19.
Written Change of
							 Address........................................................................................
$10.00
2.20.
Copies of Public Records (Per
							 page)..............................................................................
$.50
2.21.
Fees are payable to the
							 West Virginia Board of Optometry by check, money order, certified check, or
							 credit card.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-06 - Interview Evaluation › Section 14-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures that shall be followed in the preparation,
				administration, and evaluation of the interview by The West Virginia Board of
				Optometry.
1.2. Authority. -- W.
				Va. Code §§
									30-8-1
				et seq.
1.3. Filing Date. -- August
				12, 2011.
1.4. Effective Date. --
				August 15, 2011.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-06 - Interview Evaluation › Section 14-6-2 - Interview and Anonymity

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				Board shall conduct the interview with a quorum of the Board being
				present.
2.2. After the applicants
				have arrived, the Board or its designee shall have each applicant draw a piece
				of paper that contains a unique number. This number shall be used during the
				interview to ensure anonymity of the applicant.
2.3. The Board or its designee, as an added
				safeguard, shall place the applicant's unique number in a sealed envelope along
				with the applicant's 7-digit telephone number.
2.4. At the beginning of any video-recorded
				interview, the applicant shall state his or her unique number. The interviewers
				shall question the applicant on any and all topics necessary to valuate the
				candidate's competency to practice optometry.
2.5. After the interviews have been evaluated
				the Board or its designee shall then open the envelope and match the
				applicants' numbers with their names.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-06 - Interview Evaluation › Section 14-6-3 - Preparation

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The President
				of the West Virginia Board of Optometry shall appoint members to an Interview
				Committee consisting of two or more Board members (including the Secretary) to
				prepare the interview deemed appropriate to evaluate those subject areas
				necessary to ensure the safe practice of optometry.
3.2. Each board member shall prepare
				questions for the Board interview. The member shall print each question and
				follow it with the correct response.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-06 - Interview Evaluation › Section 14-6-4 - Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A Board quorum
				may evaluate the applicant's successful or unsuccessful completion of the
				interview by consensus.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-07 - Administration And Board Meetings › Section 14-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures for the administration and operation of
				meetings for the West Virginia Board of Optometry.
1.2. Authority. -- W. Va. Code
				§§30-8 et seq.
1.3.
				Filing Date. -- August 8, 2003.
1.4. Effective Date. -- September 8,
				2003.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-07 - Administration And Board Meetings › Section 14-7-4 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If any rule or
				regulation promulgated pursuant to W. Va. Code §§
									30-10-1,
				et seq., or the application thereof to any person or circumstance is held
				unconstitutional or invalid, unconstitutionality or invalidity shall not affect
				other provisions or applications of these rules and regulations, and to this
				end the complete rules and regulations of the Board are severable.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-08 - Licensure By Reciprocity › Section 14-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes requirements of the West Virginia Board of Optometry for
				licensure by reciprocity for doctors of optometry.
1.2. Authority. -- W. Va. Code §
									30-8-13.
1.3. Filing Date. -- August 12,
				2011.
1.4. Effective Date. --
				August 15, 2011.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-08 - Licensure By Reciprocity › Section 14-8-2 - Requirements for Licensure by Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. An applicant for licensure by
				reciprocity shall be of good moral character and hold a current optometry
				license in good standing from another state or states which requirements are
				substantially equivalent to those required in this state.
2.2. Unless waived by the Board, an applicant
				for licensure by reciprocity shall:
2.2.a.
				Apply for the highest level of therapeutic licensure in this state;
2.2.b. Be current in the continuing education
				requirements of his or her current states of licensure;
2.2.c. Have engaged in the active practice of
				optometry (or on the faculty of a school or college of optometry or in active
				federal service) for at least five (5) of the seven (7) years immediately
				preceding his or her application;
2.2.d. Have not committed any act that would
				constitute grounds for disciplinary action under the W. Va. Code §
										30-8-18
				or rules of the Board; and
2.2.e.
				Not be subject to any unresolved disciplinary action.
2.2.f. At the option of the Board, an
				applicant for licensure by reciprocity may be required to take the National
				Board Examination.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-08 - Licensure By Reciprocity › Section 14-8-3 - Application for Licensure by Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The applicant shall submit the
				prescribed application and include two (2) current photographs of him or
				herself not to exceed two (2) inches by two (2) inches.
3.2. The applicant shall submit certification
				from the Council on Endorsed Licensure Mobility for Optometrists, a subdivision
				of the Association of Regulatory Boards of Optometry, or
3.2.a. The applicant shall arrange for proof
				from the optometry board in each state where he or she holds or has ever held a
				license to be submitted directly to the Board.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-09 - Contact Lenses that Contain And Deliver Pharmaceutical Agents Certificate › Section 14-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the requirements, procedures and standards for the
				certification of a licensee with the authority to prescribe and dispense
				contact lenses that contain and deliver pharmaceutical agents and that have
				been approved by the Food and Drug Administration as a drug.
1.2. Authority. -- W. Va. Code §
									30-8-1
				et. seq.
1.3. Filing Date. --
				August 12, 2011.
1.4. Effective
				Date. -- August 15, 2011.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-09 - Contact Lenses that Contain And Deliver Pharmaceutical Agents Certificate › Section 14-9-2 - Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. In order to
				qualify for certification, a licensee shall successfully complete the
				requirements for licensure in West Virginia and must have an active practice
				within the state of West Virginia.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-09 - Contact Lenses that Contain And Deliver Pharmaceutical Agents Certificate › Section 14-9-3 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The licensee
				shall submit the Board's prescribed certificate application form to the
				Board;
3.2. The licensee shall
				attach a copy of his or license and each physical address from which the
				optometrist intends to dispense contact lenses that contain and deliver
				pharmaceutical agents; and
3.3.
				Shall pay the fee listed in the Board's rule, Schedule of Fees, W. Va. Code of
				State Rules, §14CSR5.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-09 - Contact Lenses that Contain And Deliver Pharmaceutical Agents Certificate › Section 14-9-4 - Dispensation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A licensee
				with certification under the provisions of this rule may dispense contact
				lenses that deliver pharmaceutical agents approved by the Food and Drug
				Administration as a drug from his or her optometric office.
4.2. The licensee shall be permitted to
				charge reasonable and customary fees for the dispensation of contact lenses
				that contain and deliver pharmaceutical agents approved by the Food and Drug
				Administration as a drug.
4.3.
				Optometrists who are certified to prescribe and dispense contact lenses that
				contain and deliver pharmaceutical agents may dispense these lenses to their
				own patients, but not fill prescriptions written by other health care
				practitioners.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-10 - Continuing Education › Section 14-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This
				legislative rule establishes requirements for continuing education for
				licensees.
1.2. Authority -- W. Va.
				Code §
									30-8-1., et seq. and W Va. Code
				30-1-7a.
1.3. Filing Date -- April 3, 2024
1.4. Effective Date -- April 3,
				2024
1.5. Sunset Provision -- This
				rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-10 - Continuing Education › Section 14-10-2 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the West Virginia Board of Optometry.
2.2. "Controlled Substances" means a drug,
				substance or immediate precursor listed or described in Schedules I through V
				of Article Two, chapter 60A of the West Virginia Code.
2.3. "Licensee" means an optometrist licensed
				under the provisions of W. Va. Code §
									30-8-1, et. seq. and the
				provisions of the Board's rules, W. Va. Code R., 14-1., et. seq.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-10 - Continuing Education › Section 14-10-3 - Continuing Education

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				licensee shall complete a minimum of forty (40) hours of continuing education
				for each even
-
numbered, two (2) year cycle.
3.2. Of the required forty (40) hours, the
				licensee shall complete the following categories of continuing education:
3.2.a. a minimum of twelve (12) hours of
				study in pharmacology or therapeutics courses;
3.2.b. a maximum of ten (10) hours of
				optometric study may be taken by correspondence, via the Internet or other
				electronic means;
3.2.c. a minimum
				of two (2) hours of study in administering pharmaceutical agents by
				injection;
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-10 - Continuing Education › Section 14-10-4 - Drug Diversion Training and Best Practice Prescribing of Controlled Substances

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A person who
				receives his or her initial license to practice optometry shall complete two
				(2) hours of continuing education in drug diversion training and best practice
				prescribing of controlled substances training within one year of receiving his
				or her license.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-10 - Continuing Education › Section 14-10-5 - Approved Continuing Education and Accreditation Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Educational
				programs sponsored or approved by the following organizations are approved by
				the Board:
5.1.a. the American Optometric
				Association or its affiliated organizations;
5.1.b. the West Virginia Association of
				Optometric Physicians and other state optometric associations;
5.1.c. the American Academy of
				Optometry;
5.1.d. post-graduate
				courses offered at any accredited school or college of optometry;
5.1.e. the Southern Council of Optometry or
				its affiliates; and
5.1.f. the
				Council on Optometric Practitioner Education (COPE).
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-10 - Continuing Education › Section 14-10-6 - Pre-approval of Continuing Education Courses or Events

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A continuing education provider not
				listed in section §
									14-10-5. of this rule may submit a
				written request to the Board for continuing education course or event approval.
				Each application shall include payment of the fee established in the Board's
				rule, W. Va. Code R., §
									14-5-1., et. seq.
6.2. A request for approval from a continuing
				education provider must be received at least ninety (90) days prior to the
				course, meeting or seminar; however, the Board may waive this requirement at
				its discretion.
6.3. The continuing
				education provider shall include a Curriculum Vitae for the instructor as well
				as a copy of all handouts, power point presentations, or other electronic or
				nonelectronic materials that are part of the continuing education course as
				part of its application for Board approval.
6.4. Upon review the Board may reject the
				continuing education course, approve the continuing education course or approve
				the continuing education course conditionally.
6.4.a. If the Board conditionally approves
				the course, the continuing education provider must submit evidence that the
				conditions have been met prior to the continuing education event for the event
				to be approved by the Board.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-10 - Continuing Education › Section 14-10-7 - Required Documentation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Evidence of attendance shall be obtained and maintained by the licensee. The
				evidence of attendance shall include the date and place of the meeting or
				instruction, speaker or instructor, the title of the course, the sponsor of the
				meeting, COPE or other approved program number if applicable, hours in
				attendance, the method of instructional delivery which may include, but is not
				limited to, live on-site presentation, correspondence, Internet or other
				electronic means.
7.2. The Board
				may require use of the Association of Regulatory Boards of Optometry's OE
				Tracker system or other evidence of attendance as the Board deems
				appropriate.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-10 - Continuing Education › Section 14-10-8 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A licensee who
				has graduated from an optometry school accredited by the Accreditation Council
				on Optometric Education or its successor recognized by the U.S. Department of
				Education within one year of successfully completing the license interview
				evaluation shall be exempt from the requirements of section §
									14-10-3. for a period of time from
				the date of successful completion of the license interview evaluation to the
				licensee's first license renewal. The initial licensee shall complete two (2)
				hours of continuing education training in drug diversion and best practice
				prescribing of controlled substances pursuant to W. Va. Code R., §
									14-10-4.1.
8.2. Those licensees not covered by the
				provisions of 8.1. of this section may make a sworn request for exemption from
				the continuing education requirements listed in W. Va. Code R., §
									14-10-3. The sworn affidavit shall
				contain reasons acceptable to the Board for noncompliance with the Board's
				continuing education requirements and shall be filed with the Board before he
				or she applies for renewal of his or her license.
8.2.a. The Board will review the affidavit
				and grant or reject the request for exemption.
8.2.b. If the exemption is rejected, the
				Board may grant the licensee a specified period of time to obtain the remaining
				required continuing education hours.
8.2.c. The Board shall notify the licensee of
				its decision by certified mail within thirty (30) days of the receipt of the
				licensee's request.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-11 - Injectable Pharmaceutical Agents Certificate › Section 14-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the requirements, procedures and standards for the
				certification of a licensee to administer injectable pharmaceutical agents
				which are considered rational to the diagnosis and treatment of the human eye
				and its appendages. The provisions of this rule exclude the administration of
				epinephrine to treat emergency cases of anaphylaxis or anaphylactic shock which
				is permitted through W. Va. Code §
									30-8-15(a).
1.2. Authority. -- W. Va. Code §§
									30-8-6 and
				30-8-15.
1.3. Filing Date. -- May 9, 2024
1.4. Effective Date. -- May 9,
				2024.
1.5. Sunset Provision -- This
				rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-11 - Injectable Pharmaceutical Agents Certificate › Section 14-11-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Certificate
				Holder" means a licensee who has met the requirements of this rule and has been
				issued an Injectable Pharmaceutical Agents Certificate by the Board.
2.2. "Adverse Reaction" For the purposes of
				this rule, an adverse reaction shall be defined as any reaction that causes
				injury to a patient as the result of the medical intervention by
				injection.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-11 - Injectable Pharmaceutical Agents Certificate › Section 14-11-3 - Certification Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				licensee shall complete an application and meet all requirements as listed in
				this rule in order to be certified to administer injectable pharmaceutical
				agents.
3.2. A licensee shall
				obtain oral prescriptive certification prior to application for certification
				to administer pharmaceutical injections.
3.3. An applicant for licensure by
				examination, by reciprocity, or by reinstatement after March 1, 2011 shall only
				be granted licensure if the applicant meets all the requirements for injection
				certification.
3.4. Injection
				certification requirements include, but are not limited to, successful passage
				of all sections of the National Board of Examiners in Optometry or its
				successor or equivalent including all sections pertaining to injection, in
				addition to any other criteria listed in section 5.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-11 - Injectable Pharmaceutical Agents Certificate › Section 14-11-4 - Certification Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
To be certified the licensee shall:
4.1. Complete the required application
				form;
4.2. Submit proof of oral
				pharmaceutical certification;
4.3.
				Submit proof of attendance and satisfactory completion of the required course
				in injection administration. The Board shall verify successful completion of
				the cited course directly with the provider;
4.4. Submit proof of current certification
				from the American Red Cross or the American Heart Association or their
				successor organizations in basic life support;
4.5. Submit the Pharmaceuticals By Injection
				Certificate Fee as listed in the Board's rule, W. Va. Code of State Rules,
				§14CSR5.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-11 - Injectable Pharmaceutical Agents Certificate › Section 14-11-5 - Education and Training

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Board shall accept a course for certification that is provided by or through a
				school or college of optometry accredited by the Accreditation Council on
				Optometric Education or its successor organization provided, the course
				includes the criteria listed in subsections 5.2.a through 5.2.c.
5.2. The Board, at its discretion, may
				approve courses provided through organizations other than accredited schools or
				colleges of optometry certifying that the optometrist is competent in providing
				the administration of pharmaceuticals by injection if, and only if, the course
				meets the following minimum criteria:
5.2.a.
				Each course shall include indications, contra-indications, medications,
				techniques, risks, benefits and sharps management;
5.2.b. Each course shall contain appropriate
				follow-up and management of any adverse reactions caused by an
				injection;
5.2.c. Each course shall
				teach the procedures of injection on human subjects in a closely supervised
				environment with a proficiency assessment examination.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-11 - Injectable Pharmaceutical Agents Certificate › Section 14-11-6 - Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Upon the
				licensee's successful completion of the requirements and application listed in
				sections 3 through 5 and approval by the Board or its designee an injectable
				pharmaceutical agents certificate may be issued.
6.2. Upon issuance of the certificate, the
				licensee's license number shall be changed. The license number will be followed
				by a dash and the initial "I" for injectable pharmaceuticals.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-11 - Injectable Pharmaceutical Agents Certificate › Section 14-11-7 - Treatment Guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A
				certificate holder may administer injections which are considered rational to
				the diagnosis and treatment of the human eye or its appendages.
7.2. The Board will maintain a list of
				approved sites and agents for the administration of pharmaceuticals by
				injection for public inspection. The list will contain treatment guidelines for
				each agent approved by the Board for injection.
7.3. The certificate holder shall follow all
				applicable Occupational Safety and Health Administration (OSHA) and Centers for
				Disease Control (CDC) guidelines pertaining to administration of
				injections.
7.4. The certificate
				holder shall adhere to generally accepted standards of care and follow
				established clinical guidelines for administering injections. The certificate
				holder shall monitor the patient for an adverse reaction and provide
				appropriate follow-up care for patients treated by injection.
7.5. Unless requested through an emergency
				rule of the West Virginia Legislature or the Federal Government through the
				Department of Homeland Security or its successor organizations, a certificate
				holder shall only administer agents through injection that are for the
				treatment and management of abnormalities of the eye or its
				appendages.
7.6. In no event may a
				certificate holder administer a pharmaceutical agent by injection directly in
				the globe of the eye.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-11 - Injectable Pharmaceutical Agents Certificate › Section 14-11-8 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A certificate
				holder shall comply with the following reporting requirements.
8.2. Reporting that contains patient
				Protected Health Information (PHI) shall be done in accordance with the Health
				Insurance Portability and Accountability Act (HIPAA) patient privacy
				requirements.
8.3. The certificate
				holder shall notify the primary care physician or other health care provider as
				identified by the person receiving the pharmaceutical agent(s) by injection.
				Such notification shall include the diagnosis, treatment and expected results
				of the injection.
8.4. The
				certificate holder shall document in the patient's record that the patient's
				primary care provider was notified of an injection given to the patient for
				record documentation. This notification shall be made by fax, documented phone
				call or standard U.S. mail.
8.4.a. the patient
				does not have a primary care provider or refuses to provide written permission
				to report the injection(s) to his or her primary care provider the certificate
				holder may provide a written statement to the patient regarding the
				injection(s) administered with instruction to the patient to give the listed
				injection information to his or her current primary care provider or any
				primary care provider they would choose to see in the future.
8.4.b. The above reporting procedure serves
				to inform the patient's primary care physician as to the rationale and outcome
				of a licensee's treatment, report any adverse reaction, and assist in
				collaborative care of common patients. In no event shall such reporting be
				construed as permission or approval of an order for treatment by
				injection.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-11 - Injectable Pharmaceutical Agents Certificate › Section 14-11-9 - Recertification

Current through Register Vol. XLI, No. 28, July 12, 2024
A certificate holder shall meet the following requirements
				  for recertification:
9.1. The
				certificate holder shall submit proof of current certification in basic life
				support from the American Red Cross or American Heart Association or their
				successors.
9.2. The certificate
				holder shall submit proof of a minimum of two (2) hours of continuing education
				instruction in administering pharmaceutical agents by injection per two-year
				continuing education cycle as listed in W. Va. Code of State Rules,
				§14CSR10, Continuing Education.
9.3. The certificate holder shall submit the
				fee as listed in the W. Va. Code of State Rules, §14CSR5.
West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-11 - Injectable Pharmaceutical Agents Certificate › Section 14-11-10 - Delegation

Current through Register Vol. XLI, No. 28, July 12, 2024
Nothing in this rule or W. Va. Code shall permit a licensee
				  who has been certified to administer injections of pharmaceutical agents by the
				  Board to delegate to any individual the administration of pharmaceutical agents
				  through injection.