West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-09 - Certification, Disciplinary And Complaint Procedures, Continuing Education, Radiologist Assistants › Section 11-9-11 - Disciplinary Action Against a Radiologist Assistant

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The certification of a radiologist
				assistant shall be restricted, suspended or revoked by the Board of Medicine in
				accordance with all the alternatives set out at W. Va. Code §
									30-3-14(i)
				when, after due notice and a hearing in accordance with the manner and form
				prescribed by the contested case hearing procedure, W. Va. Code §
									29A-5-1
				et seq. and rules of the Board of Medicine set out in Procedural Rule 11 CSR 3,
				if it is found:
a. That the assistant has
				held himself or herself out or permitted another person to represent him or her
				as a licensed radiologist.
b. That
				the assistant has in fact performed other than at the direction and under the
				supervision of a supervising radiologist licensed by the Board of
				Medicine.
c. That the assistant has
				been delegated and performed a task or tasks beyond his or her competence and
				not in accordance with the job description approved by the Board of
				Medicine.
d. That the assistant is
				a habitual user of intoxicants or drugs to such an extent that he or she is
				unable to safely perform as an assistant to the radiologist.
e. That the assistant has been convicted in
				any court, state or federal, of any felony or other criminal offense involving
				moral turpitude.
f. That the
				assistant has been adjudicated a mental incompetent or his or her mental
				condition renders him or her unable to safely perform as an assistant to a
				radiologist.
g. That the assistant
				has failed to comply with any of the provisions of this rule or the West
				Virginia Medical Practice Act; W. Va. Code §
										30-3-1 et
				seq.; or h. That the assistant is guilty of unprofessional conduct which
				includes, but is not limited to, the following:
1. Misrepresentation or concealment of any
				material fact in obtaining any certificate or license or a reinstatement of any
				certificate or license.
2. The
				commission of an offense against any provision of state law related to the
				practice of radiologist assistants, or any rule promulgated under the
				law.
3. The commission of any act
				involving moral turpitude, dishonesty or corruption, when the act directly or
				indirectly affects the health, welfare or safety of citizens of this State. If
				the act constitutes a crime, conviction of the crime in a criminal proceeding
				is not a condition precedent to disciplinary action.
4. Conviction of a felony, as defined under
				the laws of this State or under the laws of any other jurisdiction.
5. Misconduct in his or her practice as a
				radiologist assistant or performing tasks fraudulently, beyond his or her
				authorized scope of practice, with incompetence or with negligence on a
				particular occasion or negligence on repeated occasions.
6. Performing tasks as a radiologist
				assistant while the ability to do so is impaired by alcohol, drugs, physical
				disability or mental instability.
7. Impersonation of a licensed radiologist or
				another certified radiologist assistant.
8. Offering, undertaking or agreeing to cure
				or treat disease by a secret method, procedure, treatment or medicine; treating
				or prescribing for any human condition by a method, means or procedure which
				the radiologist assistant refuses to divulge upon demand of the Board of
				Medicine; or using methods or treatment processes not accepted by a reasonable
				segment of licensed radiologists.
9. Prescribing a prescription drug, including
				any controlled substance under state or federal law.
10. Conviction of a misdemeanor or a felony,
				as defined under the laws of this State or under the laws of any other
				jurisdiction, if the offense relates to the practice of medical
				imaging.