Senate Bill No. 445
(By Senator Bowman)
[Introduced March 3, 2005; referred to the Committee
on Government Organization; and then to the Committee on
A BILL to amend and reenact §30-36-7 and §30-36-19 of the Code of
West Virginia, 1931, as amended, all relating to the West
Virginia Acupuncture Board; requiring routine inspections of
acupuncture facilities; authorizing the Board to take action
against persons violating the code and Board rules without
first having received a written complaint; and correcting an
Be it enacted by the Legislature of West Virginia:
That §30-36-7 and §30-36-19 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 36. ACUPUNCTURISTS.
§30-36-7. Rule-making authority; miscellaneous powers and duties.
(a) The Board may propose for promulgation legislative rules
to carry out the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code.
(b) The Board may adopt a code of ethics for licensure.
(c) In addition to the powers set forth elsewhere in this
article, the Board shall keep:
(1) Records and minutes necessary for the orderly conduct of
(2) A list of each currently licensed acupuncturist.
(d) The Board shall conduct routine inspections of acupuncture
facilities to ensure compliance with this article and rules
promulgated under this article. If, due to an inspection, the
Board finds a person has violated this article or a rule
promulgated under this article the Board may take action under the
provisions of sections eighteen and nineteen of this article, as if
a written complaint had been filed against the person with the
§30-36-19. Due process procedure.
(a) Upon filing with the Board a written complaint charging a
person with being guilty of any of the acts described in section
of this article, the administrative secretary or
other authorized employee of the Board shall provide a copy of the
complaint or list of allegations to the person about whom the
complaint was filed. That person
will have has
thereafter after receipt of the complaint or list of allegations
file a written response to the complaint. The Board shall thereafter, if the allegations warrant, make an investigation. If
the Board finds reasonable grounds for the complaint, a time and
place for a hearing shall be set, notice of which shall be served
on the licensee or applicant at least fifteen calendar days in
advance of the hearing date. The notice shall be by personal
service or by certified or registered mail sent to the last known
address of the person.
(b) The Board may petition the circuit court for the county
within which the hearing is being held to issue subpoenas for the
attendance of witnesses and the production of necessary evidence in
any hearing before it. Upon request of the respondent or of his or
her counsel, the Board shall petition the court to issue subpoenas
in behalf of the respondent. The circuit court upon petition may
issue such subpoenas as it deems necessary.
(c) Unless otherwise provided in this article, hearing
procedures shall be promulgated in accordance with, and a person
who feels aggrieved by a decision of the Board may take an appeal
pursuant to, the administrative procedures in this state as
provided in chapter twenty-nine-a of this code.
NOTE: The purpose of this bill is to require the West
Virginia Acupuncture Board to conduct routine inspections of
acupuncture facilities. It also authorizes the Board to take
action against persons violating the code and Board rules without
a written complaint.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would