reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-15 - Request for Waiver of Initial Licensing Fees for Certain Individuals › Section 19-15-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the West Virginia Board of Examiners for Registered Professional
				Nurses.
2.2. "RN-LIW" means the
				Registered Nurse Low Income Waiver form used to request a waiver of the initial
				licensing fee for low income individuals, as authorized in W.Va. Code §
									30-1-23;
2.3. "Initial license" means an individual
				applying for a license in West Virginia sought for the first time;
2.4 "Local labor market" means every county
				in West Virginia, and any county outside of West Virginia if any portion of
				that county is within fifty miles of the border of West Virginia, pursuant to
				W.Va. Code §
									21-1C-2;
2.5. "Low-income individual" means an
				individual in the local labor market as defined in §
									21-1C-2,
				whose household adjusted gross income is below 130 percent of the federal
				poverty line. This term also includes any person enrolled in a state or federal
				public assistance programincluding, but not limited to, the Temporary
				Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition
				Assistance Program;
2.6. "Military
				families" means any person who serves as an active member of the armed forces
				of the United States, the National Guard, or a reserve component as described
				in 38 U. S. C. §
										101, honorably discharged veterans of those
				forces, and their spouses. This term also includes surviving spouses of
				deceased service members who have not remarried; and
2.7. "RN-MFW" means the Registered Nurse
				Military Family Waiver form used to request a waiver of the initial licensing
				fee for military service members and their spouses as described in §
									30-1-23.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-15 - Request for Waiver of Initial Licensing Fees for Certain Individuals › Section 19-15-3 - Request for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An applicant seeking a low income or
				military family waiver of the initial licensing fee shall apply for licensure
				to the Board and provide the required documentation.
3.2. The Board shall provide the waiver form
				and instructions on what documentation is necessary to submit with the license
				application requesting the low income or military family initial licensing fee
				waiver.
3.3. An applicant shall
				submit all required documentation to the Board and upon the submission of a
				complete application, the Board shall review the waiver form and issue a
				decision within 30 days of receipt of the completed application.
3.4. The Board may issue a license to an
				applicant who meets the requirements of W. Va. Code §
									30-7-1
et seq
., the rules promulgated by the Board, and the Board
				shall waive the initial licensing fee for an applicant that meets the
				requirement of "low-income individuals" or "military families" as defined in
				W.Va. Code §
									30-1-23.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-15 - Request for Waiver of Initial Licensing Fees for Certain Individuals › Section 19-15-4 - Required Documentation for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Individuals
				requesting a waiver of initial licensure fees for low income or military
				service personnel and their spouses, shall submit with the application for
				licensure the initial licensure waiver RN-LIW or RN-MFW form and the
				appropriate documentation as specified in this section.
4.2. To establish low income eligibility for
				the initial licensing fee waiver, an applicant shall submit to the Board
				evidence that the adjusted gross income of the household of the applicant is
				below 130% of the federal poverty level by submitting a Federal Tax Return or
				documentation of eligibility for:
4.2.1.
				Temporary Assistance for Needy Families Program;
4.2.2. Medicaid; or
4.2.3. Supplemental Nutrition Assistance
				Program;
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-16 - Telehealth Practice; Requirements; Definitions › Section 19-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for the practice of telehealth by a registered
				nurse or advanced practice registered nurse.
1.2. Authority. -- W. Va. Code §
									30-1-26
et
				seq
.
1.3. Filing Date. --
				April 18, 2023.
1.4. Effective
				Date. -- April 24, 2023.
1.5.
				Sunset Provision. -- This rule shall terminate and have no further force or
				effect upon August 1, 2033.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-16 - Telehealth Practice; Requirements; Definitions › Section 19-16-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the West Virginia Board of Examiners for Registered Professional Nurses,
				established in W. Va. Code §
									30-7-3.
2.2. "Distant site" means the telehealth site
				where the health care practitioner is seeing the patient at a
				distance.
2.3. "Established
				patient" means a patient who has received professional services, face-to-face,
				from, from a Registered Nurse or Advanced Practice Registered Nurse within the
				past three years.
2.4. "Good
				standing" means a license that:
2.4.1. Is not
				currently revoked, suspended, or subject to probationary period or a practice
				restriction or limitation;
2.4.2.
				Was not surrendered while under or to avoid an investigation or disciplinary
				action; or
2.4.3. Was not revoked,
				suspended, or subject to a probationary period or a practice restriction or
				limitation at the time the license expired, lapsed, terminated, or was
				cancelled.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-16 - Telehealth Practice; Requirements; Definitions › Section 19-16-3 - Telehealth Practice Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The telehealth practice of registered
				nursing or advanced practice registered nursing occurs where the client is
				physically located at the time the telehealth technologies are used.
3.2. A health care practitioner may not
				provide telehealth services to patients in West Virginia unless the
				practitioner is:
3.2.1. Licensed by the Board;
				or
3.2.2. Practicing on the
				privilege of a multi-state Registered Nurse license in West Virginia;
				or
3.2.3. Registered with the Board
				pursuant to this rule.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-16 - Telehealth Practice; Requirements; Definitions › Section 19-16-4 - Interstate Telehealth Registration Eligibility; Invalidation and Reinstatement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				A registered nurse or advanced practice registered nurse who is not licensed in
				West Virginia or practicing on a multistate Registered Nurse practice privilege
				many only provide telehealth services pursuant to this rule if the nurse is
				eligible for an interstate telehealth registration.
4.2. A registered nurse or advanced practice
				registered nurse is eligible for an interstate telehealth registration issued
				by the Board if all the following requirements are continuously met:
4.2.1. The practitioner holds a valid, active
				registered nurse or advanced practice registered nurse license issued by
				another state licensing authority or board that is not in the Nurse Licensure
				Compact;
4.2.2. The practitioner is
				licensed in good standing in all states in which the practitioner is
				licensed;
4.2.3. The practitioner
				is not the subject of an administrative complaint which is currently pending
				before another state licensing authority or board; and
4.2.4. The practitioner is not currently
				under investigation by another state licensing authority or board.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-16 - Telehealth Practice; Requirements; Definitions › Section 19-16-5 - Interstate Telehealth Registration Application, Renewal and Expiration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An eligible
				registered nurse or advanced practice registered nurse who is not licensed in
				West Virginia may apply for an interstate telehealth registration with the
				Board.
5.2. The Board shall issue
				an interstate telehealth registration to a registered nurse or advanced
				practice registered nurse who:
5.2.1. Meets
				all eligibility requirements for an interstate telehealth registration set
				forth above in Section 4 of this rule; and
5.2.2. Submits a complete application for an
				interstate telehealth registration, including all required documentation and
				verifications, which is accompanied by the appropriate fee.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-16 - Telehealth Practice; Requirements; Definitions › Section 19-16-6 - Establishment of the Practitioner-Patient Relationship

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A practitioner-patient relationship may
				be established through:
6.1.1. An in-person
				patient encounter;
6.1.2.
				Telemedicine technologies which incorporate interactive audio using store and
				forward technology, real-time videoconferencing, or similar secure video
				services during the initial provider-patient encounter; or
6.1.3. Audio-only calls or conversations that
				occur in real time.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-16 - Telehealth Practice; Requirements; Definitions › Section 19-16-7 - Standard of Care, Delivery of Telehealth Services and Medical Records

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A telehealth
				provider has the duty to practice in a manner consistent with:
7.1.1. The provider's scope of
				practice;
7.1.2. The professional
				conduct standards established in this state for the provider's profession;
				and
7.1.3. The standard of care
				applicable to the provider's practice.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-16 - Telehealth Practice; Requirements; Definitions › Section 19-16-8 - APRN Prescribing Authority and Limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. When prescribing to a patient via
				telemedicine, a telehealth provider shall prescribe within the prescriptive
				authority as set forth within the provisions of W. Va. Code §
									60A-9-5a and the requirements set
				forth in §
									30-7-15 a, 15b, and 15c and 19 CSR
				08.
8.2. Telehealth providers who
				prescribe any medication listed in Schedules II though V of the Uniform
				Controlled Substance Act pursuant to a telehealth encounter with a patient at
				an originating site in West Virginia shall:
8.2.1. Obtain and maintain online or other
				electronic access to the CSMP;
8.2.2. Comply with all preconditions to
				prescribing identified in W. Va. Code §
										60A-9-5a and the requirements set
				forth in 19 CSR 08;
8.2.3. Maintain
				a record of the controlled substance prescribed and the diagnosis or basis for
				the prescription in the patient medical record;
8.2.4. Comply with all prescribing protocols
				and prescribing limitations established in the Opioid Reduction Act, W. Va.
				Code §
										16-54-1
et
				seq;
8.2.5. Comply with
				all state and federal laws which govern the prescribing of controlled
				substances.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-16 - Telehealth Practice; Requirements; Definitions › Section 19-16-9 - Complaint and Disciplinary Procedures for Interstate Telehealth Registrants

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. By registering
				with the Board to provide interstate telehealth services to patients in this
				state, a health care practitioner is subject to:
9.1.1. All state laws regarding the
				registrant's profession in this state;
9.1.2. The state judicial system;
9.1.3. All professional conduct rules and
				standards incorporated into W.Va. Code §
										30-7-1 et seq.; and 19 CSR 03;
				and
9.1.4. The jurisdiction of the
				Board, including the Board's complaint, investigation, and hearing
				process.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-16 - Telehealth Practice; Requirements; Definitions › Section 19-16-10 - Registration Denial, Professional Conduct, and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Board shall deny an application for
				an interstate telehealth registration, or a registration renewal, to any
				applicant who is ineligible based upon the criteria set forth in W. Va. Code
				§
									30-7-1
et seq.
or
				section 4 of this rule.
10.2. In
				circumstances where a registration is not declined or invalidate due to
				ineligibility, the Board may discipline a registered nurse and advanced
				practice registered nurse registered by the Board who, after a hearing, has
				been adjudicated by the Board as unqualified due to any of the following
				reasons
10.2.1. Engaging in professional
				misconduct as outlined in WV Code
				30-7-1
et. seq.
,
				19 CSR 03 or section 04 of this rule may subject a registered nurse or advanced
				practice registered nurse to disciplinary action and or fines by the West
				Virginia Board of Examiners for Registered Professional Nurses.
10.2.2. Failure to immediately notify the
				Board of any restrictions placed on the registrant's professional license in
				any state or jurisdiction.
West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-16 - Telehealth Practice; Requirements; Definitions › Section 19-16-11 - Required Records

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				Board shall provide each interstate telehealth practitioner registered written
				verification of registration via their Nurse Portal and registration expiration
				via email through the e-Notify system of Nursys.
11.2. The Board shall provide verification of
				practitioners who are registered with the Board as interstate telehealth
				practitioners and shall publish that information for each registrant on its
				website at wvrn.boardsofnursing.org/licenselookup.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These procedural rules
				establish the general procedures for conducting contested case hearings and the
				issuance of declaratory rulings in accordance with section one, article four,
				chapter twenty-nine-a of the West Virginia Code of 1931, as amended.
1.2. Authority. -- W. Va. Code '29A-4-1,
				'29A-5-1a and '30-17-1
1.3. Filing
				Date. -- April 5, 1982
1.4.
				Effective Date. -- May 6, 1982
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
These procedural rules shall apply to any person affected by any rules, regulations or statutes enforceable by the West Virginia Board of Registration for Sanitarians.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Board" means the West Virginia Board of
				Registration for Sanitarians.
3.2.
				"Sanitarian" means a public health professional qualified by education in the
				arts and sciences, specialized training and credible field experience to assist
				in the enforcement of public health laws and environmental health and
				sanitation regulations and to effectively plan, organize, manage, evaluate and
				execute one (1) or more of the many diverse disciplines comprising the field of
				public and environmental health.
3.3. "Registered Sanitarian" means a
				sanitarian registered in accordance with the provisions of section one, article
				seventeen, chapter thirty, et seq. of the West Virginia Code.
3.4. "Sanitarian-In-Training" means a person
				who possesses the necessary educational qualifications as prescribed in section
				one, article seventeen, chapter thirty of the West Virginia Code, et seq. for
				registration as a professional sanitarian, but who has not completed the
				experience requirements in the fields of environmental health as required for
				registration.
3.5. "Certificates of
				Registration" means a document issued as evidence of registration and
				qualification to practice as a sanitarian or a sanitarian-in-training and
				bearing the designation "Registered Sanitarian" or "Sanitarian-In-Training" and
				showing the name of the person, date of issue, serial number, seal and
				signatures of the members of the Board hereby authorized to grant such
				certificates.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-4 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Demand for hearing; form required. --
				Any party who demands a hearing to have determined any constitutional rights,
				legal rights, duties, interests or privileges of specific parties as required
				by law shall specify in writing the grounds relied upon as a basis for the
				relief requested.
4.2. Hearing on
				written demand. -- When the Board is presented with a demand for a hearing as
				described in Subsection 4.1 of this Section he shall conduct a hearing with
				forty-five (45) days of receipt by the Board of such written demand, unless
				postponed to a later date by mutual agreement. However, if the Board shall
				determine that the hearing demanded:
(a) Would
				involve an exercise of authority in excess of that available to the Board under
				law; or,
(b) Would serve no useful
				purpose, the Board shall, within twenty (20) days of the receipt of such
				demand, enter an order refusing to grant the hearing as requested,
				incorporating therein the reason for such refusal. Appeal may be taken from
				such order as provided in section four, article five, chapter twenty-nine-a of
				the West Virginia Code of 1931, as amended.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-5 - Transcription Of Reported Testimony And Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. What reported. -- 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.
5.2. Request from any party.
				-- Upon the request to the Board from any party to the hearing, all reported
				materials shall be transcribed and a copy thereof furnished to such party at
				their expense.
5.3. Transcription
				in the event a hearing examiner is appointed. -- In all cases where a hearing
				examiner is appointed, all reported materials shall be transcribed and
				forwarded to the Board. Parties requesting a copy of a transcript prepared
				pursuant to this subsection shall be furnished a copy at their
				expense.
5.4. Responsibility for
				transcript. -- This Board shall have the responsibility for making arrangements
				for the transcription of the reported testimony and evidence. In the event
				transcription is required pursuant to this section it shall be accomplished
				with all dispatch.
5.5. Correction
				of error in transcript. -- Upon the motion of the Board of any party assigning
				error or omission in any part of any transcript, the Board or its duly
				appointed hearing examiner shall settle all differences arising as to whether
				such transcript truly discloses what occurred at the hearing and shall direct
				that the transcript be corrected and revised in the respects designated, so as
				to make it conform to the whole truth.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-6 - Submission Of Proposed Findings Of Fact And Conclusions Of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Time for submission. -- Any party may
				submit to the Board proposed findings of fact and conclusions of law within
				thirty (30) days of the conclusion of a hearing, or, in the event the
				proceedings of a hearing are transcribed, within twenty (20) days from the date
				the final transcript is available.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-7 - Appointment Of Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Function of
				hearing examiner. -- The Board may appoint a hearing examiner who shall be
				empowered to subpoena witnesses and documents, administer oaths and
				affirmations, to examine witnesses under oath, to rule on evidentiary
				questions, to hold conferences for the settlement or simplification of issues
				by consent of the parties and to otherwise conduct hearings as provided in
				Section 4 herein. If a hearing examiner is appointed under this section he may
				make recommended findings of fact and conclusions of law to the
				Board.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-8 - Conferences; Informal Disposition Of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Conferences. -- At any time prior to the hearing or thereafter, the Board or
				its duly appointed hearing examiner may hold conferences:
(a) To dispose of procedural requests or
				similar matters;
(b) To simplify or
				settle issues by consent of the parties; or
(c) To provide for the informal disposition
				of cases by stipulation, agreed settlement or consent order.
The Board or
				  its duly appointed hearing examiner may cause such conferences to be held on
				  their own motion or by the request of a party.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-9 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
Depositions permitted. -- Evidentiary depositions may be taken and read into evidence as in civil actions in the circuit courts of this State.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-10 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Where permitted by chapter thirty. --
				In accordance with any provision contained in chapter thirty of the West
				Virginia Code of 1931, as amended authorizing the Board to issue subpoenas or
				subpoenas duces tecum, the Board or his duly appointed hearing examiner shall
				have the power to issue subpoenas or subpoenas duces tecum pursuant to the
				provisions set forth in subsection (b), section one, article five, chapter
				twenty-nine-a of the West Virginia Code of 1931, as amended.
10.2. Time for requesting the issuances of
				subpoenas. -- Written requests for the issuance of subpoenas or subpoenas duces
				tecum as provided in Subsection 10.1 of this Section shall be made no later
				than ten (10) days of a scheduled hearing.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-11 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Content. -- Every final order entered
				by the Board, following a hearing conducted pursuant to these rules, shall be
				made pursuant to the provisions of section three, article five, chapter
				twenty-nine-a of the West Virginia Code of 1931, as amended. 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 proposed findings of fact and conclusions of
				law.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-12 - Principal Office

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				principal office of the Board shall be the West Virginia State Department of
				Health, State Office Building No. 3, 1800 Washington Street, East, Charleston,
				West Virginia 25305, County of Kanawha, State of West Virginia. The Board may
				have such other offices as may from time to time be designated by the
				Board.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-13 - Declaratory Ruling - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. On
				petition of any interested person, the Board may issue a declaratory ruling
				with respect to the applicability to any person, property or state of facts of
				any rule, regulation or statute enforceable by the Department of
				Health.
13.2. Any interested person
				may petition the Board in writing, stating the issues upon which the
				declaratory ruling is requested.
13.3. Upon receipt of such petition, the
				Board may cause a hearing to be held for the presentation of arguments and
				evidence within thirty (30) days of receipt of such petition. The Board shall
				notify the parties thereto and set a time, a place and a date for such
				hearing.
13.4. A declaratory ruling
				issued after argument and stated to be binding shall be binding between the
				Board and the petitioner on the state of facts alleged, unless altered or set
				aside by a court in accordance with section two, article four, chapter
				twenty-nine-a of the West Virginia Code of 1931, as amended. Furthermore, such
				declaratory ruling shall not be binding on any other person.
13.5. A declaratory ruling issued upon
				petition, proper notice and argument shall not preclude the petitioner from
				seeking a contested case hearing in accordance with the provisions of the Rules
				of Procedure for Contested Case Hearings and Declaratory Rulings. Such
				declaratory ruling shall serve only to explain the applicability to any person,
				property or state of facts or any rule or statute enforceable by the
				Board.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-14 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
An appeal from any final order or ruling entered in accordance with these rules shall be in accordance with the provisions of section four, article five, chapter twenty-nine-a of the West Virginia Code of 1931, as amended.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-01 - Rules Of Procedure For Contested Case Hearings And Declaratory Rulings › Section 20-1-15 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provision of these rules or the application thereof to any person or circumstance shall be held invalid, such invalidity thereof shall not affect the provision or application of these rules which can be given effect without the invalid provision or application and to this end the provision of these rules are declared to be severable.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-02 - Procedure For The Investigation And Resolution Of Complaints › Section 20-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule specifies the
				procedure for the investigation and resolution of complaints against
				sanitarians-in-training and registered sanitarians. This rule should be read in
				conjunction with the provisions of W. Va. Code ''30-1-1 et seq and 30-17-1 et
				seq.
1.2. Authority. -- W. Va. Code
				''30-1-8 and 30-17-9.
1.3. Filing
				Date. -- December 8, 2000.
1.4.
				Effective Date. -- February 1, 2001.
1.5. Applicability. -- This rule applies to
				all registered sanitarians and sanitarians-in-training.
1.6. Enforcement. B This rule is enforced by
				the West Virginia Board of Registration for Sanitarians.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-02 - Procedure For The Investigation And Resolution Of Complaints › Section 20-2-2 - 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:
2.1. Board. -- The West Virginia Board of
				Registration for Sanitarians.
2.2.
				Certificate of Registration. -- A document issued as evidence of registration
				and qualification to practice as a sanitarian or a sanitarian-in-training under
				W. Va. Code '30-17-3 and bearing the designation Aregistered sanitarian@ or
				Asanitarian-in-training@ and showing the name of the person, date of issue,
				serial number, seal and signatures of the members of the board authorized to
				grant such certificates.
2.3.
				Complainant. -- The person, firm, corporation, member of the board, or public
				officer who files a complaint with the board charging a registered sanitarian
				or sanitarian-in-training with a violation of W. Va. Code '30-1-8 or
				30-17-12.
2.4. Ethics Investigator.
				-- A registered sanitarian who is appointed by the board for the purpose of
				reviewing complaints against registered sanitarians and
				sanitarians-in-training.
2.5.
				Registered Sanitarian. -- A sanitarian registered in accordance with the
				provisions of W. Va. Code '30-17-3.
2.6. Respondent. -- The registered sanitarian
				or sanitarian-in-training charged by a complainant with a violation of W. Va.
				Code ''30-1-8 or 30-17-12.
2.7.
				Sanitarian. -- A public health professional uniquely qualified by education in
				the arts and sciences, specialized training, and credible field experience to
				assist in the enforcement of public health laws and environmental sanitation
				regulations, and to effectively plan, organize, manage, evaluate and execute
				one or more of the many diverse disciplines comprising the field of public
				health and environmental sanitation.
2.8. Sanitarian-in-Training. -- A person who
				possesses the necessary educational qualifications as prescribed in W. Va. Code
				'30-17-4 for registration as a professional sanitarian, but who has not
				completed the experience requirements in the fields of environmental sanitation
				as required for registration.
'20-2-3.
Filing of
				  Complaint.
3.1. Any
				person, firm, corporation, member of the board, or public officer may file a
				complaint with the board charging a registered sanitarian or
				sanitarian-in-training with a violation of W. Va. Code ''30-1-8 or 30-17-12.
				The complainant shall file the complaint in writing and shall include in the
				complaint:
3.1.a. The name and address of the
				registered sanitarian or sanitarian-in-training against whom the complaint is
				filed;
3.1.b. The date of
				complaint;
3.1.c. The date, time,
				place, and substance of each alleged offense, act or failure to act and the
				exact portion of the law that was violated; and
3.1.d. The name and address of the
				complainant.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-02 - Procedure For The Investigation And Resolution Of Complaints › Section 20-2-4 - Notice of Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Within
				thirty (30) days of the receipt of a complaint, the board shall send the
				respondent a written notice of hearing in accordance with W. Va. ''30-1-8,
				30-17-12, and the Board of Registration for Sanitarians Procedural Rules,
				20CSR1, ARules of Procedure for Contested Case Hearings and Declaratory
				Rulings.@
4.1.a. The board shall send the
				notice of hearing by certified mail to the respondent not less than thirty (30)
				days prior to the date of the hearing.
4.1.b. The board shall include in the notice
				of hearing:
4.1.b.1. The date, time, and place
				of the hearing;
4.1.b.2. A copy of
				the complaint; and
4.1.b.3. A
				statement informing the respondent that he or she may appear with witnesses and
				be heard in person, by counsel, or both to present evidence in his or her
				defense, and that the hearing will be conducted in accordance with the Board of
				Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for
				Contested Case Hearings and Declaratory Rulings.@
4.1.c. The board shall send a copy of the
				notice of hearing by certified mail to the complainant not less than thirty
				(30) days prior to the date of the hearing.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-02 - Procedure For The Investigation And Resolution Of Complaints › Section 20-2-5 - Investigation of Complaint

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Prior to
				the date of the hearing scheduled in accordance with section 4 of this rule,
				the board shall conduct any reasonable inquiry or investigation it considers
				necessary to determine the truth and the validity of the allegations set forth
				in the complaint in accordance with W. Va. Code '30-1-5.
5.1.a. The board may assign the complaint to
				an ethics investigator or to a committee of the board for investigation. The
				ethics investigator or the committee shall investigate the complaint and shall
				be afforded an opportunity to interview the respondent and other involved
				parties. Prior to the date of the hearing, the ethics investigator or the
				committee shall provide the board with a written report of their findings and
				recommendations including an account of any interviews conducted.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-02 - Procedure For The Investigation And Resolution Of Complaints › Section 20-2-6 - Conduct of Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The board
				shall conduct all hearings in accordance with section 4.4 of the Board of
				Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for
				Contested Case Hearings and Declaratory Rulings.@
6.2. The board may issue subpoenas or
				subpoenas duces tecum in accordance with W. Va. Code '30-1-5(a) and section 10
				of the Board of Registration for Sanitarians Procedural Rules, 20CSR1, ARules
				of Procedure for Contested Case Hearings and Declaratory Rulings.@
6.3. The board may continue a hearing or
				adjourn a hearing to a later date in accordance with section 4.5 of the Board
				of Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure
				for Contested Case Hearings and Declaratory Rulings.@
6.4. The board shall make arrangements for
				the transcription of the reported testimony and evidence of all hearings in
				accordance with '30-1-8(f) and section 5 of the Board of Registration for
				Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for Contested Case
				Hearings and Declaratory Rulings.@
6.5. The board may appoint a hearing examiner
				in accordance with section 7.1 of the Board of Registration for Sanitarians
				Procedural Rules, 20CSR1, ARules of Procedure for Contested Case Hearings and
				Declaratory Rulings.@
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-02 - Procedure For The Investigation And Resolution Of Complaints › Section 20-2-7 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At any time
				during the investigation and resolution of a complaint, the board may dismiss
				the complaint if it determines that there is not sufficient evidence to warrant
				further proceedings, or that the complaint fails to demonstrate that the
				respondent violated W. Va. Code ''30-1-8 or 30-17-12.
7.1.a. If the board has assigned
				investigation of the complaint to an ethics investigator or to a committee, the
				board may not dismiss the complaint until the ethics investigator or the
				committee has filed a written report of their findings and recommendations with
				the board.
7.1.b. The board shall
				advise the respondent and the complainant in writing by certified mail if the
				complaint is dismissed.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-02 - Procedure For The Investigation And Resolution Of Complaints › Section 20-2-8 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Upon conviction of a violation of W. Va.
				'30-17-1 et seq, the respondent is guilty of a misdemeanor and is subject to
				the penalties of W. Va. Code '30-17-15.
8.2. The board may levy fines and assess
				administrative costs in accordance with W. Va. Code '30-1-8(a) and section 7 of
				this rule.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-02 - Procedure For The Investigation And Resolution Of Complaints › Section 20-2-9 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any person whose certificate of
				registration has been suspended or revoked by the board may, within thirty (30)
				days of the decision of the board, appeal to the circuit court of the county in
				which such person resides, or to the judge of such court in vacation, in
				accordance with W. Va. Code '30-1-9.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-03 - Interim Fee Schedule › Section 20-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule authorizes the State
				Board of Sanitarians to charge a fee for the issuance or renewal of a permit,
				certificate or license to all Sanitarians governed by WV Code §
									30-17-1, et
				seq. The fees shall cover the time period commencing July 1, 2010, and expiring
				December 31, 2011. This rule applies to all persons practicing public health
				sanitation and holding a permit, certificate or license to engage in that
				occupation.
1.2. Authority. " WV
				Code §
									30-17-6(c).
1.3. Filing
				Date. " June 28, 2011.
1.4.
				Effective Date " June 28, 2011.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-03 - Interim Fee Schedule › Section 20-3-2 - Application for a permit, certificate or license

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1
				A person applying to the Board of Sanitarians for a permit, certificate or
				license shall:
2.1.1. Submit to the Board a
				completed application on forms prescribed by the Board;
2.1.1. Pay to the Board the appropriate
				application fee; and
2.1.2. Include
				any additional documentation required by the Board.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-03 - Interim Fee Schedule › Section 20-3-3 - Fee Required

Current through Register Vol. XLI, No. 28, July 12, 2024
Based on an annual fee of $35.00, any person issued a permit, certificate, or license in accordance with this Emergency rule shall pay a one-time fee of $52.50 which shall be valid for the 18 month period from July 1, 2010 to December 31, 2011.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-04 - The Practice of Public Health Sanitation › Section 20-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule sets forth standards
						for the regulation and conduct of members, records, applications and
						examinations for persons employed as public health sanitarians.
1.2. Authority. -- W.Va. Code
						§
									30-17-6.
1.3. Filing Date. --
						May 16, 2017
1.4. Effective Date.
						-- May 16, 2017
1.5. Sunset
						Provision. -- This rule shall terminate and have no further force or effect on
						May 16, 2027.
1.6. Applicability.
						-- This rule applies to all applicants for permit, certificate or license to
						practice public health sanitation in this state.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-04 - The Practice of Public Health Sanitation › Section 20-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Board -- means the State Board of
						Sanitarians.
2.2. Bureau -- means
						the West Virginia Bureau for Public Health.
2.3. Certificate -- means a document issued
						to a sanitarian under the provisions of this article.
2.4. Environmental Health Science -- means
						public health science that includes, but is not limited to, the following
						bodies of knowledge: air quality, food quality and protection, hazardous and
						toxic substances, consumer product safety, housing, institutional health and
						safety, community noise control, radiation protection, recreational facilities,
						solid and liquid waste management, vector control, drinking water quality, milk
						sanitation and rabies control.
2.5.
						License -- means a document issued to a registered sanitarian under the
						provisions of this article.
2.6.
						NEHA -- means the National Environmental Health Association.
2.7. Permit -- means a document issued as
						evidence of qualification to practice as a sanitarian-in-training under this
						article.
2.8. PES -- means the
						Professional Examination Service.
2.9. Practice of Public Health Sanitation --
						means the consultation, instruction, investigation, inspection or evaluation by
						an employee of the bureau or municipal or county health department with the
						primary purpose of improving or conducting administration of enforcement of
						state laws and rules.
2.10.
						Registered Sanitarian -- means a person who is licensed by the board and is
						uniquely qualified by education, specialized training, experience and
						examination to assist in the enforcement of public health sanitation laws and
						environmental sanitation regulations, and to effectively plan, organize,
						manage, evaluate and execute one or more of the many diverse disciplines
						comprising the field of public health sanitation.
2.11. Sanitarian -- means a person who is
						certified by the board and is uniquely qualified by education in the arts and
						sciences, specialized training and credible field experience to assist in the
						enforcement of public health sanitation laws and environmental sanitation
						regulations, and to effectively plan, organize, manage, evaluate and execute
						one or more of the many diverse disciplines comprising the field of public
						health sanitation.
2.12.
						Sanitarian-in-Training -- means a person who is permitted by the board and
						possesses the necessary educational qualifications for certificate as a
						sanitarian, but who has not completed the experience requirements in the fields
						of public health sanitation and environmental health science as required for
						certificate.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-04 - The Practice of Public Health Sanitation › Section 20-4-3 - Standards and requirements for a permit, certificate or license

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Applications. A person applying to the
						Board for a permit, certificate or license shall submit to the Board:
3.1.1. A completed application on forms
						prescribed by the Board;
3.1.2.
						Payment to the Board of the appropriate application fee; and
3.1.3. Any additional documentation required
						by the Board.