reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-04 - Disciplinary Action › Section 30-4-3 - Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Upon complaint or on its own initiative, the board or its employees may investigate conduct, which is occurring or has occurred that would violate W. Va. Code '30-34-1 et seq., or rules governing the practice of Respiratory Care License.
3.2. For the purpose of an investigation by the board,
3.2.1. The executive secretary may subpoena witnesses and documents an administer oaths;
3.2.2. The board or its authorized agents may depose witnesses, take sworn statements and collect other evidence;
3.2.3. The board may institute proceedings in the courts of the State of West Virginia to enforce its subpoenas for the production of witnesses and documents and its order to restrain and enjoin violation of W. Va. Code '30-34-1 et seq., or rules governing the practice of the Respiratory Care License;
3.2.4. The board shall review pertinent medical records during the course of its investigation, and shall remove patient identifying information from records which are introduced at any disciplinary hearings;
3.2.5. The board, or its executive secretary, within the limits of authority granted by the board, may employ investigators, consultants, and other personnel as may be considered necessary to assist in any investigation;
3.2.6. All powers of the board and its employees or designees may be exercised to investigate a matter, even if a hearing or disciplinary action does not result from the investigative findings; and
3.2.7. Upon finding of probable cause that the basis for disciplinary action exists, the Board may require a Respiratory Therapist Licensee, or a person applying for a license to practice as a Respiratory Therapist in the State of West Virginia, to submit to a physical or psychological examination by a practitioner, approved by the Board. Any individual who applies for or accepts the privilege of practicing as a Respiratory Therapist in the State of West Virginia is considered to have given consent to submit to all such examinations upon request to do so, in writing by the Board, and to have waived all objections to the admissibility of the testimony or examination report of any examining practitioner on the ground that the testimony or report is privileged communication. If an applicant or licensee fails, or refuses to submit to any examination under circumstances which the board finds is not beyond his or her control, the failure is prima facie evidence of his or her inability to practice as a licensed Respiratory Therapist completely, and in accordance with acceptable standard of professional practice. A licensed Respiratory Therapist or a person applying for a license as a Respiratory Therapist may request a hearing within thirty (30) days of any action taken by the Board.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-04 - Disciplinary Action › Section 30-4-4 - Disciplinary Action

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board may deny, revoke, or suspend a license or otherwise discipline a licensee or applicant has violated provision set forth in W. Va. Code '30-34-1 et seq.
4.2. The Board shall afford every person subjected to disciplinary proceedings an opportunity for a hearing as set forth in the W. Va. Code '30-34-14 et seq.
4.3. If an applicant for licensure or licensee fails to appear at a scheduled hearing or fails to reply to the notification of hearing, the charges specified may be taken as true and the Board may proceed with disciplinary action.
4.4. Following a hearing before the Board or its hearing examiner, the Board shall issue its decision on any disciplinary matter.
4.5. The Board may establish a committee that has the authority to resolve disciplinary matter through a formal consent agreement with the licensee, permitting the licensee to voluntarily agree to disciplinary action in lieu of a formal evidentiary hearing.
4.6. The Board or its authorized committee may take disciplinary action which includes, but is not limited to the denial, suspension, or revocation of a license to practice as a Respiratory Therapist, or probation of a Respiratory Therapist with terms to be met for continued practice, or the assessment of additional renewal, reinstatement, or monitoring fees and costs against a licensee, or combination of these or other actions. A monitoring fee assessed at the time of suspension or revocation of a license is due at the time the licensee requests reinstatement of the license. A monitoring fee imposed in conjunction with penalties other than the suspension of the licensee is due and payable within the time frame determined by the Board. A licensee who fails to pay a monitoring fee assessed by the Board as part of the disciplinary proceeding within the time period contained in this rule or as otherwise agreed upon between the parties is not eligible for renewal of his or her license until the fee is paid.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-05 - Disciplinary And Complaint Procedures › Section 30-5-1 - 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 Respiratory Practitioners Licensed by the West Virginia Board of Respiratory Care.
1.2. Authority. -- W. Va. Code ''30-34-5 et seq. and 30-1-1 et seq.
1.3. Filing Date. -- January 16, 2001.
1.4. Effective Date. -- March 1, 2001.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-05 - Disciplinary And Complaint Procedures › Section 30-5-3 - 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 or a temporary permit pursuant to W. Va. Code '30-34-1 et seq.
3.2. "Board" means the West Virginia Board of Respiratory Care.
3.3. "License" means a license or temporary permit issued by the Board pursuant to W. Va. Code '30-34-1 et seq.
3.4. "Physical Practitioner" means a person who practices Respiratory Care. as defined in defined in W. Va. Code '30-34-2.
3.5. "Ethics investigator" means a person licensed to practice respiratory care in this state, and who is hired by the Board for the purpose of reviewing complaints against respiratory practitioners.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-05 - Disciplinary And Complaint Procedures › Section 30-5-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Respiratory Practitioners

Current through Register Vol. XLI, No. 28, July 12, 2024
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 '30-34-1 et seq. or the rules of the Board.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-05 - Disciplinary And Complaint Procedures › Section 30-5-5 - 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 a respiratory practitioner or applicant with a violation of W. Va. Code '30-34-1 et seq. or 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:
5.1.1. The name and address of the respiratory practitioner against whom the complaint is lodged;
5.1.2. The date of care;
5.1.3. The name of any person who may have treated the patient after the alleged incident; and,
5.1.4. 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 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-05 - Disciplinary And Complaint Procedures › Section 30-5-6 - Contested Case Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Board may refuse to renew a license or suspend a license if it determines there is probable cause to believe that respiratory practitioner=s conduct, practices or acts constitute an immediate danger to the public.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-05 - Disciplinary And Complaint Procedures › Section 30-5-7 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any applicant who has had his or her application for a license denied 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 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-06 - Contested Case Hearing Procedure › Section 30-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule specifies the procedure for the adjudication of contested case hearings before the Board.
1.2. Authority. -- W. Va. Code '30-34-5 et seq. and 30-1-1 et seq.
1.3. Filing Date. -- January 16, 2001.
1.4. Effective Date. -- March 1, 2001.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-06 - Contested Case Hearing Procedure › Section 30-6-2 - 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 Respiratory Care.
2.2. "Demanding party" means an individual who has been denied a license to practice respiratory care 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 ACharged party@ means an individual who holds a license to practice respiratory care issued by the Board and who has been charged by the Board as described in Section 3.4 of these rules.
2.4. ALicense@ means a license or temporary permit issued by the Board pursuant to W. Va. Code '30-34-1 et seq.
2.5. The term "Licensee" means an individual who holds a license to practice respiratory care issued by the Board. A Apermittee@ is a person who holds a temporary permit.
2.6. APractice of respiratory care@ means the practice of respiratory care as defined in W. Va. Code '30-34-2.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-06 - Contested Case Hearing Procedure › Section 30-6-4 - 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 or presiding member 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 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-06 - Contested Case Hearing Procedure › Section 30-6-5 - 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 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-06 - Contested Case Hearing Procedure › Section 30-6-6 - Conferences; Informal 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, its designee may hold conferences for the following purposes:
6.1.1. To dispose of procedural requests, pre-hearing motions or similar matters;
6.1.2. To simplify or settle issues by consent of the parties; or,
6.1.3. To provide for the informal disposition of cases by stipulation or agreement.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-06 - Contested Case Hearing Procedure › Section 30-6-7 - 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 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-06 - Contested Case Hearing Procedure › Section 30-6-8 - 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 Secretary, its Assistant Executive Secretary.
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 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-06 - Contested Case Hearing Procedure › Section 30-6-9 - 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. 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 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-06 - Contested Case Hearing Procedure › Section 30-6-10 - 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 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-07 - Home Medical Suppliers › Section 30-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This interpretative rule delineates the role of personnel involved with delivering respiratory care in the home care setting.
1.2. Authority. -- W. Va. Code '30-34-15d.
1.3. Filing Date. -- August 8, 2000.
1.4. Effective Date. -- September 7, 2000.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-07 - Home Medical Suppliers › Section 30-7-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rules applies to all individuals who are providing respiratory care in the home care setting.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-07 - Home Medical Suppliers › Section 30-7-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. AHome Medical Equipment Dealers and Agents@ means any person working in home care and not licensed under the provisions of W. Va. Code ' 30-34-1 et seq.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-07 - Home Medical Suppliers › Section 30-7-4 - Actions Allowed by Non Licensed Home Medical Equipment Dealers or Their Agents

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Home medical equipment dealers who are not licensed in the state of West Virginia under are limited to delivering and instructing persons in the operation of home medical equipment.
4.2. Instructing in the operation of home medical equipment is limited to:
4.2.a. Connection to an electrical source
4.2.b. Turning the unit on.
4.2.c. Cleaning.
4.2.d. Maintenance such as filter changes.
4.2.e. Placement and location of controls.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-07 - Home Medical Suppliers › Section 30-7-5 - Restrictions of Non-Licensed Home Medical Equipment Dealers or Their Agents

Current through Register Vol. XLI, No. 28, July 12, 2024
5.2. Home medical dealers and their agents who are not licensed are restricted from the following:
5.2.a. Administration of pharmacological, diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitation, or a diagnostic regimen.
5.2.b. Placing a patient on oxygen.
5.2.c. Placing a patient on any device used for intermittent ventilation, non-invasive ventilation, BIBLevel, CPAP, and mechanical ventilation.
5.2.d. Placing a patient on any form of aerosolized medication.
5.2.e. Placing a patient on a positive pressure or negative pressure device.
5.2.f. Providing clinical instruction to any person.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-08 - Procedure For Open Meetings › Section 30-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- As required in W. Va. Code §
									6-9A-3, this rule sets forth the means by which the time, place, and agenda of all regular and special meetings are made available in advance to the public and the news media, except in the event of an emergency requiring immediate official action.
1.2. Authority. -- W. Va. Code §§
									30-34-4 and 6-9A-1 through 12.
1.3. Filing Date. -- November 28, 2007.
1.4. Effective Date. -- December 28, 2007.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-08 - Procedure For Open Meetings › Section 30-8-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to the board and any and all individuals desiring to attend or to address the West Virginia Board of Respiratory Care.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-08 - Procedure For Open Meetings › Section 30-8-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Board - The West Virginia Board of Respiratory.
3.2. Meeting - the convening of the governing body of the West Virginia Board of Respiratory Care for which a quorum is required.
3.3. Quorum - a simple majority of the constituent membership of the board.
3.4. Decision - any determination, action, vote or final disposition of a motion, proposal, resolution, order, ordinance or measure on which a vote of the governing body is required at any meeting at which a quorum is present.
3.5. Governing body - means the members of the board having the authority to make decisions for or recommendations on policy or administration.
3.6. Executive session - means any meeting or part of a meeting of a governing body which is closed to the public.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-08 - Procedure For Open Meetings › Section 30-8-4 - Regular Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The board meets in regular session during the months of April and October. The length of the meeting is determined by the amount of business to be addressed by the board.
4.2. Meeting dates are determined for one (1) year in advance beginning July 1, and ending on June 30. A majority of the board members shall agree upon specific meeting dates.
4.3. The executive secretary shall provide written notice of the date, time, location and purpose of each regular meeting to appropriate professional associations, and state agencies, as well as persons and organizations who have requested notification, and to the Secretary of State to permit the publication of the notice in the State Register a minimum of five (5) calendar days (not counting the day of the meeting, Saturdays, Sundays, or legal holidays) before the regular meeting.
4.4. The board shall convene all regular meetings at 11:00 o'clock a.m. unless otherwise changed by a majority vote of those members present and voting.
4.5. The board shall convene all regular meetings at the board office unless otherwise changed by a majority vote of those board members present and voting.
4.6. In the event the meeting room cannot accommodate all members of the public who wish to attend, the board may move the meeting to another location, provided another suitable location is readily available, and the public arriving at the original meeting location are given appropriate directions to the new meeting location.
4.7. The board shall issue a meeting agenda no later than three business days, not counting Saturdays, Sundays, legal holidays or the day of the meeting. The meeting agenda shall be posted or otherwise readily available to the public during regular business hours at the board office. After an agenda has been issued, it can only be amended to add additional items of business up to two business days in advance of the meeting, unless the additional agenda item involves an emergency requiring immediate official action by the board. In case of emergency the amended agenda is to explain the nature of the emergency which caused the board to add the item to the agenda and this explanation is to be included in the meeting minutes.
4.8. Board members may submit agenda items at any time prior to mailing of the agenda.
4.9. Individuals may submit items for board consideration. The items should be submitted not less than thirty (30) days prior to the date of the regularly scheduled meeting. The Chairperson makes the final determination on whether an item submitted less than thirty (30) days in advance shall be considered.
4.10. The Chairperson may cancel a meeting if a quorum cannot be convened or if there are no items of business to be conducted by the board.
4.11. Individuals who desire to address the board during a regularly scheduled meeting may do so by making their wish known to the Chairperson at any time prior to the call to order.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-08 - Procedure For Open Meetings › Section 30-8-5 - Special Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Chairperson, the Secretary, or any two (2) members of the board may call a special meeting.
5.2 The executive secretary shall provide written notice of the date, time, location and purpose of each special meeting to appropriate professional associations, and state agencies, as well as persons and organizations who have requested notification, and to the Secretary of State to permit the publication of the notice in the State Register a minimum of five (5) calendar days (not counting the day of the meeting, Saturdays, Sundays, or legal holidays) before the special meeting.
5.3. The board shall issue a meeting agenda no later than two business days, not counting Saturdays, Sundays, legal holidays, or the day of the meeting. The meeting agenda shall be posted or otherwise readily available to the public during regular business hours at the board office. If an emergency arises which requires immediate official board action, then the amended agenda is to explain the nature of the emergency which caused the board to add the item to the agenda and this explanation is to be included in the meeting minutes.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-08 - Procedure For Open Meetings › Section 30-8-6 - Emergency Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Chairperson may call a meeting in the event of an emergency requiring immediate official action by the board.
6.2. The executive secretary shall notify members by telephone or other expedient method.
6.3. The executive secretary shall file a written explanation containing the time, place, purpose of the meeting, facts, and circumstances of the emergency prior to the meeting, with the Secretary of State and such explanation is to be included in the minutes of the emergency meeting.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-08 - Procedure For Open Meetings › Section 30-8-8 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The board shall provide written minutes of all of its meetings. Subject to the exceptions for executive session set forth in section four (§ 6-9A-4 ) of this article, minutes of all meetings except minutes of executive sessions, shall be available to the public within a reasonable time after the meeting and shall include, at least, the following information:
a. The date, time and place of the meeting
b. The name of each member of the board present and absent;
c. All motions, proposals, resolutions, orders, ordinances and measures proposed, the name of the person proposing the same and their disposition;
d. The results of all votes and, upon the request of a member, pursuant to the rules, policies or procedures of the board for recording roll call votes, the vote of each member, by name.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-08 - Procedure For Open Meetings › Section 30-8-9 - Meetings by Conference Call

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Occasions may arise when one or more board members are not available to attend a meeting in person. On such occasions, members may attend and participate in the meeting by telephone or video teleconference to the same extent as if physically present. A speakerphone or other audio/video device shall be used at the meeting site to enable those present, including the public, to hear/see the members who are attending and participating by telephone or video/ teleconference.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-09 - Student Temporary Permits - Amended › Section 30-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the temporary permit process, fees and practice
				limitations for students enrolled in accredited respiratory care
				schools.
1.2. Authority. -- W. Va.
				Code §§
									30-34-6 and
				30-34-9.
1.3. Filing Date. -- April 4, 2024.
1.4. Effective Date. -- May 18,
				2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect after August 1,
				2033.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-09 - Student Temporary Permits - Amended › Section 30-9-2 - Application for Student Temporary Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. An applicant for a student temporary
				permit shall file withthe West Virginia Board of Respiratory Care a signed
				permit application form and shall pay an initial six (6) month permit
				application fee of seventy-five dollars ($75.00).
2.2. The applicant shall submit:
2.2.1. A student work permit form signed by
				the program director of an accredited respiratory care program and by a
				principal administrative official of the institution where the program is
				located.
2.2.2. An official
				transcript indicating successful completion of a minimum of thirty semester
				hours or the quarter hour equivalent, eighteen of which must be specific to
				respiratory care core curriculum, and at least two hundred clinical
				hours.
2.2.3. Documentation from
				the program director indicating clinical competencies completed indicating
				successful completion of tasks by didactic testing and clinical observation by
				school faculty.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-09 - Student Temporary Permits - Amended › Section 30-9-3 - Practice Limitations for the Student Temporary Permit holder

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The holder of
				the student temporary permit must work under the supervision of a licensed
				respiratory therapist. The licensed respiratory therapist must be present in
				the facility where the holder of the student temporary permit is working. The
				licensed respiratory therapist must be available in the event of an emergent
				need and act as a resource for the holder of the student temporary permit.
				Staffing ratios for student temporary permit holders are one licensed
				respiratory therapist to one student temporary permit holder per
				shift.
3.2 Procedures may be
				assigned to a student temporary permit holder if the permit holder has
				demonstrated the completion and competence of such tasks in the documentation
				from the school facility and the employer. Completed competency forms from the
				school and the employer shall be sent to the Board for review and
				approval.
3.3 The student temporary
				permit holder skills that must always be performed with and documented by a
				licensed respiratory therapist are as follows:
3.3.1. Initial setup and maintenance of
				invasive mechanical ventilation including all ventilator setting and circuit
				changes except for FI02.
3.3.2
				Initial setup of non-invasive ventilation for acute condition including all
				non-invasive setting and circuit changes except for FI02.
3.3.3 Resecure or reposition of endotracheal
				or nasotracheal tube.
3.3.4.
				Resecure or changing inner cannula of tracheostomy tube.
3.3.5. Transport of patients receiving
				invasive mechanical ventilation.
3.3.6. Transport of patients receiving
				non-invasive ventilation for acute condition.
3.3.7. Endotracheal extubation.
3.3.8. Intubation.
3.3.9. Nasotracheal suctioning.
3.3.10 Delivery of inhaled nitric oxide or
				heliox.
3.3.11 Aerosolized
				medications via invasive mechanical ventilation.
3.3.12 High risk delivery response.
3.3.13 Arterial and Capillary Blood Gas
				puncture or sampling.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-10 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 30-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes procedures
				for consideration of prior criminal convictions in initial licensure
				determinations.
1.2. Authority. -- W.
				Va. Code §
									30-34-6, and W. Va. Code §
									30-34-6a
1.3. Filing Date. -- May 4, 2020
1.4. Effective Date. -- July 1, 2020
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect after July 1, 2025.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-10 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 30-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the West Virginia Board of
				Respiratory Care established pursuant to W. Va. Code §
									30-34-1
et
				seq.
2.2. "Initial
				licensure" means obtaining a license in West Virginia for the practice of
				respiratory care for the first time.
2.3. "License" or "licensure" means the
				official authorization by the board to practice respiratory care.
2.4. "Unreversed", as that term refers to a
				criminal conviction, means that a conviction has not been set aside, vacated,
				pardoned, or expunged.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-10 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 30-10-3 - Rational nexus to the practice of respiratory care

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				The board may not disqualify an applicant from initial licensure because of a
				prior criminal conviction that remains unreversed unless that conviction is for a
				crime that bears a rational nexus to the practice of respiratory care. In
				determining whether a criminal conviction bears a rational nexus to respiratory
				care, the board shall consider at a minimum:
3.1.1. The nature and seriousness of the crime
				for which the individual was convicted;
3.1.2. The passage of time since the commission
				of the crime;
3.1.3. The relationship
				of the crime to the ability, capacity, and fitness required to perform the duties
				and discharge the responsibilities of a respiratory therapist; and
3.1.4. Any evidence of rehabilitation or
				treatment undertaken by the individual.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-10 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 30-10-4 - Application after denial

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If an
				applicant has been denied licensure because of a prior criminal conviction, the
				board shall permit the applicant to apply for initial licensure if:
4.1.1. A period of five years has elapsed from
				the date of conviction or the date of release from incarceration, whichever is
				later;
4.1.2. The individual has not
				been convicted of any other crime during the period of time following the
				disqualifying offense; and
4.1.3.
				The conviction was not for an offense of a violent or sexual nature:
Provided,
That a conviction for an offense of a violent or
				sexual nature may subject an individual to a longer period of disqualification
				from licensure, to be determined by the board on a case by case basis.
West Virginia Code of State Rules › Agency 30 - Respiratory Care › Title 30 - LEGISLATIVE RULE WV BOARD OF RESPIRATORY CARE › Series 30-10 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 30-10-5 - Petition for licensure eligibility determination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				An individual with a criminal record who has not previously applied for licensure
				may petition the board at any time for a determination of whether the
				individual's criminal record will disqualify the individual from obtaining a
				license.
5.2. The petition shall be
				submitted on an application form prescribed by the board and shall include
				sufficient details about the individual's criminal record to enable the board to
				identify the jurisdiction where the conviction occurred, the date of the
				conviction, and the specific nature of the conviction.
5.3. The applicant may submit, with the
				petition for licensure eligibility, evidence of rehabilitation, letters of
				reference, and any other information the applicant deems relevant to show fitness
				and the ability to practice respiratory care.
5.4. The board shall provide the determination
				within 60 days of receiving the petition and the applicable fee, as prescribed by
				the board, from the applicant.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-01 - Licensure and Renewal Requirements › Section 31-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes examination, licensure, discipline, fees and renewal
				requirements for licensees and applicants for licensure.
1.2. Authority. -- W. Va. Code §
									30-35-4 & §
									30-1-24
1.3. Filing Date. - April 4, 2024
1.4. Effective Date. -- July 1,
				2024
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force after August 1, 2030.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-01 - Licensure and Renewal Requirements › Section 31-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the Board of Licensed Dietitians.
2.2. "Commission on Dietetic Registration"
				means the commission on dietetic registration (CDR) that is a member of the
				national commission for health certifying agencies.
2.3. "False or Deceptive Advertising" means a
				statement that includes a misrepresentation of fact, is likely to mislead or
				deceive because of a failure to disclose material facts, is intended or is
				likely to create false or unjustified expectations of favorable results or
				includes representations or implications that in reasonable probability will
				cause an ordinary prudent person to misunderstand or be deceived.
2.4. "Unreversed", as that term refers to a
				criminal conviction, means that a conviction has not been set aside, vacated,
				pardoned, or expunged.
2.5
				"Website" means the web pages published under the WV Board of Licensed
				Dietitians Domain.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-01 - Licensure and Renewal Requirements › Section 31-1-3 - Board Approval for Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board shall issue a license to an
				applicant who meets the requirements of W. Va. Code §§
									30-35-1 et seq. and rules
				promulgated by the Board.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-01 - Licensure and Renewal Requirements › Section 31-1-4 - Licensure Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				An applicant for licensure by the Board as a dietitian applicant shall:
4.1.1. Make application to the Board using
				forms found on the website;
4.1.2.
				Pay to the Board the appropriate application fee and renewal fees;
4.1.2.1. Original license $ 69.00;
4.1.2.2. Renewal fee $ 69.00;
4.1.2.3. Reinstatement fee $ 46.00;
4.1.2.4. Pro-rated fee of $35.00 for any
				individual applying for an active license between January 1 and June
				30.
4.1.3. A charge of $
				10.00 will be assessed for each license paper verification per state.
4.1.4. Take the required written examination
				at any of the sites approved by the CDR at any time the sites are open to
				administer the exam.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-01 - Licensure and Renewal Requirements › Section 31-1-5 - Waiver of Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The Board shall not grant a waiver from the written examination for an
				individual who holds a current license from another state with equivalent
				standards or who holds the registration by the Commission on Dietetic
				Registration unless the applicant has filed the license application, including
				required documentation, and paid the application fee as stated in
				4.1.2.1.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-01 - Licensure and Renewal Requirements › Section 31-1-6 - Provisional Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				purpose of the provisional permit is to allow an individual who has not yet
				passed the required examination to practice dietetics after completing the
				education and post-graduate professional experience as required by W. Va. Code
				§
									30-35-7.
6.2. The Board shall issue the provisional
				permit for a period of one (1) year.
6.3. The permittee may renew a provisional
				permit annually for up to three (3) years upon proof of the completion of a
				minimum of ten (10) hours of continuing professional education in the previous
				one (1) year permit period, a satisfactory explanation of the failure to become
				fully licensed, the completion of the provisional permit renewal application
				form, and the payment of the provisional permit renewal fee of
				$46.00.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-01 - Licensure and Renewal Requirements › Section 31-1-7 - Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The license of
				every person licensed under W. Va. Code §30-35 shall be renewed annually
				except as otherwise provided by W. Va. Code §§
									30-35-1 et seq.
7.2. Every person licensed under W. Va. Code
				§§
									30-35-1 et seq., requesting
				renewal of a license shall:
7.2.1. Pay to the
				Board the license renewal fee as stated in 4.1.2.2;
7.2.2. Submit an application for renewal on
				the professional license renewal form prescribed by the Board;
7.2.3. Complete a minimum of twenty (20)
				hours of continuing professional education activities every two (2) years in
				compliance with the Board's rule Continuing Professional Education Requirements
				31 CSR 5.
7.2.4. Provide evidence
				of completion of continuing education during the previous two (2) year period
				on a form provided by the Board and submitted with the renewal application for
				licensure. The documentation is required every two years and is not required to
				accompany the applications for the intervening years.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-01 - Licensure and Renewal Requirements › Section 31-1-8 - Reinstatement of Expired Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Board may reinstate the licenses of
				licensees who fail to renew their licenses by the end of the license period.
8.1.1. For a licensee who has allowed his or
				her license to lapse for a period not to exceed three years, the license may be
				reinstated by the Board. The applicant for reinstatement shall:
8.1.1.1. Submit a written request for
				reinstatement of their professional license to the Board, including a
				satisfactory explanation for the failure to renew, within three (3) years after
				the expiration date of his or her license;
8.1.1.2. Complete ten (10) hours of approved
				continuing education for each year the license has lapsed; and
8.1.1.3. Pay to the Board the annual renewal
				fee in effect on the last regular renewal date immediately preceding the date
				of reinstatement, and the professional license reinstatement fee as stated in
				paragraph 4.1.2.3 of this rule.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-02 - Code Of Professional Ethics › Section 31-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the definitions for the scope of practice for licensees and a
				code of professional ethics for licensees and applicants for
				licensure.
1.2. Authority. -- W.
				Va. Code §
									30-35-4.
1.3. Filing Date. -- June 26, 2002.
1.4. Effective Date. -- July 1,
				2002.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-02 - Code Of Professional Ethics › Section 31-2-2 - Scope of Practice Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Nutrition counseling services" means
				the development of an individualized nutrition plan for the purpose of disease
				management, based on a nutritional diagnostic assessment, to achieve optimal
				nutritional status. It can contain recommendation of an appropriate diet and
				supplementation program, including but not limited to micro-nutrients,
				macro-nutrients, vitamins and minerals.
2.2. "Nutritional diagnostic assessment"
				means the evaluation of an individual's nutritional needs for the purpose of
				disease management to determine factors necessary to restore or maintain
				optimal nutritional status. The term may include, but is not limited to the
				following modalities:
2.2.1. Medical
				history;
2.2.2. Diet/lifestyle
				history;
2.2.3. Anthropometric
				measurements;
2.2.4. Physical
				signs; and
2.2.5. Biochemical data,
				including laboratory tests.
West Virginia Code of State Rules › Agency 31 - Dietitians › Title 31 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF LICENSED DIETITIANS › Series 31-03 - Contested Case Hearing Procedure › Section 31-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedural rules establish procedures for the adjudication of contested
				case hearings before the Board.
1.2. Authority. -- W. Va. Code ''30-35-4 et
				seq., 30-1-1 et seq., and 29A-5-1 et seq.
1.3. Filing Date. -- January 23,
				2001.
1.4. Effective Date. --
				February 23, 2001.