West Virginia Code Chapter 30 — Professions and Occupations

Application of article

Unless otherwise specifically provided, every board of examination or registration referred to in this chapter shall conform to the requirements prescribed in the following sections of this article.

Legislative findings and declaration

The Legislature hereby finds and declares that as a matter of public policy the practice of the professions referred to in this chapter is a privilege and is not a natural right of individuals. The fundamental purpose of licensure and registration is to protect the public, and any license, registration, certificate or…

Oath

Every person appointed as a member of any board referred to in this article, before proceeding to exercise the authority or discharge the duties of the office, shall take the oath prescribed by section 5 of article IV of the state Constitution, and shall file the certificate thereof with the Secretary of State.

Required orientation session

(a) The Auditor shall provide at least one seminar each year for state licensing boards to inform the boards of the duties and requirements imposed by state law and rules. All state agencies shall cooperate with and assist in providing the seminar if the Auditor requests. (b) The seminar may include the following topic…

Officers

(a) Every board referred to in this chapter shall elect annually from its members a president and a secretary who shall hold their offices for one year, but shall continue to hold their offices until their successors are elected. However, the state board of law examiners, the state board of examiners for nurses and the…

Official seal; rules and regulations

Every such board shall adopt an official seal which shall be affixed to all licenses or certificates of registration issued by it, and shall make such rules and regulations, not inconsistent with law, as are necessary to regulate its proceedings and to carry out the purposes and enforce the provisions of this chapter a…

Lay members of professional boards

(a) Notwithstanding any provisions of this code to the contrary, the Governor shall appoint at least one lay person to represent the interests of the public on every health professional licensing board which is referred to in this chapter. If the total number of members on any of these boards after the appointment of o…

Meetings; quorum; investigatory powers; duties

(a) Every board referred to in this chapter shall hold at least one meeting each year, at such time and place as it may prescribe by rule, for the examination of applicants who desire to practice their respective professions or occupations in this state and to transact any other business which may legally come before i…

Reporting of fraud and misappropriation of funds

(a) Whenever a board referred to in this chapter obtains information that an employee, officer or member of the board may have misappropriated funds, engaged in fraud, or otherwise violated a law relating to the public trust, the board shall timely report such information or allegation in writing to the commission on s…

Application for license or registration; examination fee; establishment of application deadline and fees by legislative rule; prohibiting discrimination

(a) An applicant for an authorization to practice under the provisions of this chapter shall apply in writing to the proper board and submit the applicable fees. (b) Each board may establish, by legislative rule, a deadline for an application for an examination. (c) Notwithstanding the specific fees set forth in this c…

Repealed. Acts, 2014 Reg. Sess., Ch. 140.

Repealed. Acts, 2014 Reg. Sess., Ch. 140.

Contents of license or certificate of registration

Every license or certificate of registration issued by each board shall bear a serial or license number, the full name of the applicant, the date of issuance, and the seal of the board: Provided, That licenses or certificates of registration issued or renewed on or after July 1, 2003, will indicate both the date of iss…

Continuing education

(a) A board referred to in this chapter shall establish continuing education requirements as a prerequisite to license renewal. A board shall develop continuing education criteria appropriate to its discipline, which shall include, but not be limited to, course content, course approval, hours required, and reporting pe…

Denial, suspension or revocation of a license or registration; probation; proceedings; effect of suspension or revocation; transcript; report; judicial review

(a) Every board referred to in this chapter may suspend or revoke the license of any person who has been convicted of a felony or who has been found to have engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct. Where any person…

Reinstatement of license

(a) Every board referred to in this chapter is authorized to consider the reinstatement of any license or registration that has been suspended, revoked or not renewed, upon a showing that the applicant can resume practicing with reasonable skill and safety. (b) Each board may adopt a procedural rule in accordance with…

Mediation of complaints

(a) Any board referred to in this chapter may, on its own motion or by stipulation of the parties, refer any complaints against persons licensed under this chapter to mediation. (b) Any board may maintain a list of mediators with expertise in professional disciplinary matters or may obtain a list from the West Virginia…

Administrative appeal of board action; judicial review

(a) A person, not an applicant for or holder of a license to practice law, who has been denied a license or registration; whose certificate, license, registration, or authority has been suspended or revoked; or against whom disciplinary action has been otherwise imposed may appeal the final decision of the board. (b) A…

Disposition of money fines; legislative audit; review of board’s fee structure

(a) The secretary of every board referred to in this chapter shall receive and account for all money which it derives pursuant to the provisions of this chapter which are applicable to it. With the exception of money received as fines, each board shall pay all money which is collected into a separate special fund of th…

Compensation of members; expenses

(a) Each member of every board in this chapter is entitled to receive compensation for attending official meetings or engaging in official duties not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law.…

Record of proceedings; register of applicants; certified copies of records prima facie evidence; report to Governor and Legislature; public access

(a) The secretary of every board shall keep a record of its proceedings and a register of all applicants for license or registration, showing for each the date of his or her application, his or her name, age, educational and other qualifications, mailing address, whether an examination was required, whether the applica…

Prohibition against disclosure of personally identifiable information; exceptions

(a) Definitions. — "Personally identifiable information" or "PII" means any information that identifies, or can be used to identify, locate, contact, or impersonate a particular individual. "Sensitive PII" means those elements of PII that must receive heightened protection due to legal or policy requirements, including…

Roster of licensed or registered practitioners

The secretary of every board shall prepare and maintain a complete roster of the names of all persons licensed, or registered, and practicing in this state the profession or occupation to which such board relates, arranged alphabetically by name. Each board shall make the roster available upon request to any member of…

Remission of certain fees

Every board of examination or registration referred to in this chapter is hereby authorized, under such rules and regulations as may be adopted by each board, to remit all annual license or annual registration fees required to be paid by any licensee or registrant under its supervision during such time as such licensee…

Office of executive secretary of the health profession licensing boards; appointment of executive secretary; duties

The office of the executive secretary of the health professional licensing boards is hereby created. The health profession licensing boards shall include those boards provided for in articles two-a, four, five, six, seven, seven-a, eight, ten, fourteen, sixteen, seventeen, twenty, twenty-one, twenty-five and twenty-six…