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WEST virginia legislature
2024 regular session
Enrolled
Committee Substitute
for
Senate Bill 714
By Senators Takubo and Deeds
[Passed March 6, 2024; in effect 90 days from passage]
AN ACT to amend and reenact §30-1D-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-3-1, §30-3-2, §30-3-4, §30-3-5, §30-3-6, §30-3-7, §30-3-8, §30-3-9, §30-3-10, §30-3-11, §30-3-11a, §30-3-12, §30-3-13, §30-3-13a, §30-3-15, §30-3-16, §30-3-17, and §30-3-18 of said code; to amend said code by adding thereto three new sections, designated §30-3-10b, §30-3-21, and §30-3-22; to repeal §30-3-7a, §30-3-11b, and §30-3-11c of said code; to amend said code by adding thereto a new article, designated §30-3G-1, §30-3G-2, §30-3G-3, §30-3G-4, §30-3G-5, §30-3G-6, §30-3G-7, §30-3G-8, §30-3G-9, §30-3G-10, §30-3G-11, and §30-3G-12; to amend and reenact §30-14-3 of said code; and to amend said code by adding thereto two new sections, designated §30-14-18 and §30-14-19, all relating to professionals to be licensed by the West Virginia Board of Medicine; requiring criminal background checks of any applicant for a license to engage in genetic counseling; making legislative findings; including osteopathic physicians within the purpose of a certain article; defining terms; providing that the West Virginia Board of Medicine (Board) will be reconstituted effective January 1, 2025; providing that the Board is to assume, carry on, and succeed to all of the duties, rights, powers, obligations, and liabilities previously belonging to, or exercised by, the West Virginia Board of Osteopathic Medicine effective January 1, 2025; stating the powers and duties of the Board; providing for Board membership; providing that the Board may call emergency meetings; exempting the Board from certain Purchasing Division requirements; repealing certain provisions pertaining to radiologist assistants; providing for certain use of electronic signatures; providing for the creation of a complaint file that is separate from and in addition to a licensee's historical record; providing requirements for licensure to practice medicine and surgery; providing for certain special license types; providing that certain endorsement and temporary-license requirements also apply to osteopathic physicians; providing for a license to practice administrative medicine; repealing certain provisions relating to the practice of medicine and surgery in certain nursing homes; repealing certain provisions pertaining to administrative medicine licenses; providing for the renewal of physician licenses; prohibiting certain practices; clarifying that osteopathic physicians may also practice telemedicine; providing that a medical corporation formed outside of this state for the purpose of engaging in medical acts through one or more licensed physician assistants may receive a certificate of authorization; providing for the issuance of educational permits; providing that certain provisions shall not apply to the practice of osteopathic medicine and surgery prior to January 1, 2025; requiring the development of a transition plan; providing for the transfer of certain special revenue funds; providing for the Board's special revenue fund; requiring persons to possess a valid license prior to practicing genetic counseling; providing licensure requirements for genetic counseling; stating the duties and powers of the Board with regard to genetic counseling; providing for the practice of ACS and ABGC permittees; authorizing the Board to promulgate rules for legislative approval; providing for the expiration, renewal, and reinstatement of licenses to practice genetic counseling; setting certain continuing-education requirements; setting a genetic counselor's scope of practice; providing for disciplinary proceedings involving genetic counselors; authorizing the Board or the Attorney General to seek certain injunctive relief; requiring certain reports from health care facilities; prohibiting any genetic counselor or ACS permittee to represent that he or she is a licensed physician and providing that any person who violates that prohibition is guilty of a felony and, upon conviction, shall be imprisoned for not less than one nor more than two years, or be fined not more than $2,000, or both find and imprisoned; allowing members of the current West Virginia Board of Osteopathic Medicine to serve three consecutive terms; terminating the West Virginia Board of Osteopathic Medicine effective December 31, 2024; providing that the West Virginia Board of Osteopathic Medicine shall transfer any and all of its remaining functions to the Board effective January 1, 2025; setting forth additional provisions pertaining to the transfer; and requiring the development and implementation of a transition plan.
Be it enacted by the Legislature of West Virginia:
(a) This article shall be known as "Lynette’s Law."
(b) The requirements in subsection (c) of this section for criminal background checks apply to those persons applying to be licensed in West Virginia for the first time by the boards governing licensing under the following sections: §30-3-10, §30-3E-4, §30-3G-5; §30-4-8; §30-5-9; §30-7-6; §30-7A-3; §30-8-8; §30-10-8; §30-14-4; and §30-21-7.
(c) A person applying for licensing to a board listed in subsection (b) of this section must submit to a state and national criminal history record check, as set forth in this subsection: Provided, That an applicant for a license who is an attorney at law may submit a letter of good standing from the Clerk of the Supreme Court of Appeals of West Virginia in lieu of submitting to a state and national criminal history record check.
(1) This requirement is found not to be against public policy.
(2) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.
(3) The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including:
(A) Submitting fingerprints for the purposes set forth in this subsection; and
(B) Authorizing the board, the West Virginia State Police, and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.
(4) The results of the state and national criminal history record check may not be released to or by a private entity except:
(A) To the individual who is the subject of the criminal history record check;
(B) With the written authorization of the individual who is the subject of the criminal history record check; or
(C) Pursuant to a court order.
(5) The criminal history record check and related records are not public records for the purposes of §29B-1-1, et seq. of this code.
(6) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.
(d) Before implementing the provisions of this subsection, the board shall propose rules for legislative approval in accordance with §29A-3-1 of this code. The rules shall set forth the requirements and procedures for the criminal history check and must be consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact as authorized by 34 U.S.C.S. § 40311 et seq.
The Legislature hereby finds and declares that the practice of allopathic, osteopathic, and/or podiatric medicine and surgery is a privilege and not a natural right of individuals. As a matter of public policy, it is necessary to protect the public interest through enactment of this article and to regulate the granting of such privileges and their use.
The purpose of this article is to provide for the licensure and professional discipline of allopathic physicians and podiatrists and for the licensure and professional discipline of physician assistants and to provide a professional environment that encourages the delivery of quality medical services within this state. Effective January 1, 2025, the purpose of this article shall also apply to the licensure and professional discipline of osteopathic physicians.
As used in this article:
"ACGME" means the Accreditation Council of Graduate Medical Education.
"Accredited osteopathic medical school" means a college of osteopathic medicine and surgery which requires as a minimum prerequisite for admission preprofessional training of at least two years of academic work in specified scientific subjects, as prescribed by the board or by the Commission on Osteopathic College Accreditation (COCA), in an accredited college of arts and sciences and which requires for graduation a course of study approved by the board in accordance with the minimum standards established by the COCA.
"AOA" means the American Osteopathic Association.
"APMLE" means the American Podiatric Medical Licensing Examination.
"Approved graduate medical education" means education received through: (1) an internship, residency, or clinical fellowship program conducted in the United States and accredited by either the ACGME or AOA; or (2) a residency program conducted in Canada and accredited by RCPSC.
"Approved medical school" means an allopathic school of medicine approved by the LCME or the board and which confers the degree of medical doctor or its equivalent upon graduation.
"Board" means the West Virginia Board of Medicine established in §30-3-5 of this code.
"COMLEX-USA" means the Comprehensive Osteopathic Medical Licensing Examination of the United States.
"ECFMG" means the Educational Commission for Foreign Medical Graduates.
"LCME" means the Liaison Committee on Medical Education.
"License" means the legal authorization issued by the board to a fully qualified allopathic physician or osteopathic physician to engage in the regular practice of medicine and surgery. A license may also be issued by the board to a fully qualified podiatrist to engage in the practice of podiatric medicine and surgery, and to fully qualified physician assistants who practice in collaboration with physicians licensed under this article.
"Medical peer review committee" means a committee of, or appointed by, a state or local professional medical society, or a committee of, or appointed by, a medical staff of a licensed hospital, long-term care facility, or other health care facility, or any health care peer review organization as defined in §30-3C-1 et seq. of this code, or any other organization of professionals in this state formed pursuant to state or federal law and authorized to evaluate medical and health care services.
"Medicine and surgery" means the practice of allopathic medicine and surgery. Effective January 1, 2025, except where specifically limited, "medicine and surgery" means the practice of allopathic and osteopathic medicine and surgery.
"Osteopathic medicine and surgery" means a complete system of medical care with a philosophy that combines the needs of the patient with the current practice of medicine, surgery, and obstetrics; that emphasizes the concept of body unity, the interrelationship between structure and function; and that has an appreciation of the body's ability to heal itself.
"Practice of medicine and surgery" means the diagnosis or treatment of, or operation or prescription for, any human disease, pain, injury, deformity or other physical or mental condition. "Surgery" includes the use on humans of lasers, ionizing radiation, pulsed light, and radiofrequency devices. The provisions of this section do not apply to any person who is a duly licensed health care provider under other pertinent provisions of this code and who is acting within the scope of his or her license.
"Practice of podiatry" means the examination, diagnosis, treatment, prevention and care of conditions and functions of the human foot and ankle by medical, surgical, and other scientific knowledge and methods; with surgical treatment of the ankle authorized only when a podiatrist has been granted privileges to perform ankle surgery by a hospital's medical staff credentialing committee based on the training and experience of the podiatrist; and medical and surgical treatment of warts and other dermatological lesions of the hand which similarly occur in the foot. When a podiatrist uses other than local anesthesia, in surgical treatment of the foot, the anesthesia must be administered by, or under the direction of, an anesthesiologist or certified registered nurse anesthetist authorized under the State of West Virginia to administer anesthesia. A medical evaluation shall be made by a physician of every patient prior to the administration of other than local anesthesia.
"Practice credential" or "credential" means any permit, certification, registration, or authorization, other than a license, issued by this Board which authorizes the credential holder to practice allopathic, osteopathic, or podiatric medicine and surgery, or to practice as a physician assistant, to patients in West Virginia within the limits established for the specific credential type.
"RCPSC" means the Royal College of Physicians and Surgeons of Canada.
"USMLE" means the United States Medical Licensing Examination.
"State health officer" means the commissioner for the Bureau for Public Health or his or her designee, which officer or designee shall be a physician and shall act as secretary of the board and shall carry out any and all responsibilities assigned in this article to the secretary of the board.
(a) The West Virginia Board of Medicine has assumed, carried on, and succeeded to all the duties, rights, powers, obligations, and liabilities heretofore belonging to or exercised by the Medical Licensing Board of West Virginia. All the rules, orders, rulings, licenses, certificates, permits, and other acts and undertakings of the Medical Licensing Board of West Virginia as heretofore constituted have continued as those of the West Virginia Board of Medicine until they expired or were amended, altered, or revoked. The board remains the sole authority for the issuance of licenses to practice allopathic medicine and surgery and podiatry, and to practice as physician assistants in this state in collaboration with physicians licensed under this article. The board shall continue to be a regulatory and disciplinary body for the practice of medicine and surgery, the practice of podiatry, and for physician assistants in this state.
(b) Until January 1, 2025, the board shall consist of 15 members. One member shall be the state health officer ex officio, with the right to vote as a member of the board. The other 14 members shall be appointed by the Governor, with the advice and consent of the Senate. Eight of the members shall be appointed from among individuals holding the degree of doctor of medicine, and one shall hold the degree of doctor of podiatric medicine. Two members shall be physician assistants licensed by the board. Each of these members must be duly licensed to practice his or her profession in this state on the date of appointment and must have been licensed and actively practicing that profession for at least five years immediately preceding the date of appointment. Three lay members shall be appointed to represent health care consumers. Neither the lay members nor any person of the lay members’ immediate families shall be a provider of or be employed by a provider of health care services. The state health officer’s term shall continue for the period that he or she holds office as state health officer. Each other member of the board shall be appointed to serve a term of five years: Provided, That the members of the Board of Medicine holding appointments on the effective date of this section shall continue to serve as members of the Board of Medicine until the expiration of their term unless sooner removed. Each term shall begin on October 1 of the applicable year and a member may not be appointed to more than three consecutive full terms on the board.
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(c) Effective January 1, 2025:
(1) The West Virginia Board of Medicine assumes, carries on, and succeeds to all the duties, rights, powers, obligations, and liabilities previously belonging to, or exercised by, the West Virginia Board of Osteopathic Medicine;
(2) All rules, orders, rulings, licenses, certificates, practice credentials, pending complaints and investigations, pending disciplinary proceedings and appeals, and other acts and undertakings of the West Virginia Board of Osteopathic Medicine shall be continued as those of the West Virginia Board of Medicine until they expire, or are amended, altered, or revoked;
(3) The board shall assume sole authority for the issuance of licenses and other practice credentials to practice osteopathic medicine and surgery, and to practice as physician assistants in this state; and
(4) The board shall be the sole regulatory and disciplinary body for the practice of allopathic, osteopathic and podiatric medicine and surgery, and for physician assistants who practice in collaboration with physicians.
(d) Effective January 1, 2025, the existing members of the Board of Medicine and the existing members of the Board of Osteopathic Medicine, holding appointments as of December 31, 2024, shall serve as members of the board until the expiration of their term unless sooner removed. In the event that the Board’s membership on January 1, 2025, exceeds 21 members, subsequent appointments and reappointments shall be undertaken to limit the board to 21 members, with membership allocated as set forth in subsection (e) of this section.
(1) The state health officer, who shall serve ex officio, with the right to vote as a member of the board, for the length of his or her term as state health officer;
(2) Twelve physicians, at least five of which shall be allopathic physicians and at least five of which shall be osteopathic physicians;
(3) One podiatrist;
(4) Three physician assistants; and
(5) Four citizen members.
(f) With the exception of the state health officer, all members shall be appointed by the Governor with the advice and consent of the Senate. In making appointments to the board, the Governor shall, so far as practicable, select the members from different geographical sections of the state.
(g) A person is not eligible for membership on the board who is a member of any political party executive committee or, with the exception of the state health officer, who holds any public office.
(h) To be eligible to serve on the board, physicians, podiatrists, and physician assistants must:
(1) Reside in West Virginia;
(2) Hold an active, full and unrestricted license to practice as a physician, podiatrist, or physician assistant in West Virginia, and have held such license for at least five years; and
(3) Be engaged in active clinical practice in this state as a licensed provider and have a history of active clinical practice in West Virginia for the five years prior to the date of appointment. "Active clinical practice" means that the licensee is engaged in the full-time practice of clinical medicine in West Virginia for a minimum of 50 percent of the licensee's professional practice.
(i) To be eligible to serve on the board, citizen members, who represent the interests of health care consumers, and who are appointed to the board after January 1, 2025:
(1) Shall reside in West Virginia and have a history of residing in West Virginia for at least five years prior to appointment;
(2) Shall not be licensed under the provisions of this article and shall never have performed any services as a licensed health care provider; and
(3) Shall not have a financial interest in the practice of the professions regulated by the board. A person shall be deemed to have a financial interest in the practice of the professionals regulated by the board if the individual:
(A) Owns or operates a business that is engaged in the delivery of health care services or the provision of health care related goods, services, or staffing;
(B) Is married to a health care provider who is licensed to practice in this state; or
(C) Is employed by an entity which provides health care goods or services to West Virginia patients if the individual’s work responsibilities relate, in whole or in part, to the delivery of health care services, health care administration, management, or policy.
(j) Board membership terms shall begin on October 1 of the applicable year and a member may not be appointed to more than two consecutive full terms on the board: Provided, That to ensure continuity of board governance as the Board of Medicine assumes the duties and responsibilities of the Board of Osteopathic Medicine, a member may be appointed to a third consecutive term if the member’s second term expires in 2025 or 2026. Full terms served on the Board of Osteopathic Medicine and terms initiated on the Board of Osteopathic Medicine and transferred to the board shall be considered full terms for the purpose of determining a member’s eligibility for reappointment.
(k) When a vacancy on the board occurs and less than one year remains in the unexpired term, the appointee shall be eligible to serve the remainder of the unexpired term and two consecutive full terms on the board.
(l) A member whose term has expired may continue to serve until an eligible successor has been appointed.
(m) A member who has served two consecutive full terms may not be selected for re-appointment for at least one year after completion of his or her second full term.
(n) Excepting the state health officer, whose term shall be limited to their service in that office, a member of the board immediately and automatically forfeits membership to the board if:
(1) The member’s license to practice is suspended, revoked, surrendered, expired, or placed in inactive status;
(2) The member is convicted of a felony under the laws of any jurisdiction;
(3) The member no longer meets the active clinical practice requirement;
(4) The member becomes a non-resident of this state; or
(5) A citizen member, who is appointed after January 1, 2025, commences providing health care services or develops a financial interest in the practice of the professions regulated by the board.
(o) No member may be removed from office by the Governor except for official misconduct, incompetence, neglect of duty, or gross immorality.
Every two years the board shall elect from among its members a president and vice president. Regular meetings shall be held as scheduled by the rules of the board. Special meetings and emergency meetings of the board may be called by the joint action of the president and vice president or by any three members of the board. With the exception of the state health officer, members of the board shall receive compensation and expense reimbursement in accordance with §30-1-11 of this code.
A majority of the membership of the board constitutes a quorum for the transaction of business, and business is transacted by a majority vote of a quorum, except for disciplinary actions which shall require the affirmative vote of not less than seven members or a majority vote of those present, whichever is greater.
Meetings of the board shall be held in public session. Disciplinary proceedings, prior to a finding of probable cause as provided in §30-3-14(p) of this code, shall be held in closed sessions, unless the party subject to discipline requests that the proceedings be held in public session.
(a) The board is autonomous and, in accordance with this article, shall determine qualifications of applicants for licenses and other practice credentials to practice medicine and surgery, to practice podiatry, and to practice as a physician assistant in collaboration with physicians licensed under this article, and shall issue licenses and other practice credentials to qualified applicants and shall regulate the professional conduct and discipline of such individuals. Beginning January 1, 2025, the Board shall also determine license and other practice credential qualifications, issue licenses and other practice credentials, and regulate the professional conduct and discipline of osteopathic physicians. In carrying out its functions, the board may:
(1) Adopt such rules as are necessary to carry out the purposes of this article;
(2) Hold hearings and conduct investigations, subpoena witnesses and documents, and administer oaths;
(3) Institute proceedings in the courts of this state to enforce its subpoenas for the production of witnesses and documents and its orders and to restrain and enjoin violations of this article and of any rules promulgated under it;
(4) Employ investigators, attorneys, hearing examiners, consultants, and such other employees as may be necessary, who shall be exempt from the classified service of the Division of Personnel and who shall serve at the will and pleasure of the board;
(6) Establish and certify standards for physician assistants;
(7) Authorize medical and podiatry corporations in accordance with the limitations of §30-3-15 of this code to practice medicine and surgery or podiatry through duly licensed physicians or podiatrists;
(8) Establish the circumstances under which the approval of applications and the issuance of licenses and other practice credentials may be delegated to board staff; and
(9) Perform such other duties as are set forth in this article or otherwise provided for in this code.
(b) The board shall submit an annual report of its activities to the Legislature. The report shall include a statistical analysis of complaints received, charges investigated, charges dismissed after investigation, the grounds for each such dismissal, and disciplinary proceedings and disposition.
The state health officer, in addition to being a member of the board, shall act as its secretary. He or she shall, together with the president of the board, sign all licenses, reports, orders, and other documents that may be required by the board in the performance of its duties. With the authorization of the Board President and Secretary, the Board may utilize electronic signatures on licenses and other practice credentials.
(a) The board shall maintain a permanent record of the names of all physicians, podiatrists, and physician assistants, licensed, certified, or otherwise lawfully practicing in this state and of all persons applying to be so licensed to practice, along with an individual historical record for each such individual containing reports and all other information furnished the board under this article or otherwise. Such record may include, in accordance with rules established by the board, additional items relating to the individual's record of professional practice that will facilitate proper review of such individual's professional competence.
(b) Upon a determination by the board that any report submitted to it is without merit, the report shall be expunged from the individual's historical record.
(c) A physician, podiatrist, physician assistant, applicant, or authorized representative thereof, has the right, upon request, to examine his or her own individual historical record maintained by the board pursuant to this article and to place into such record a statement of reasonable length of his or her own view of the correctness or relevance of any information existing in such record. Such statement shall at all times accompany that part of the record in contention.
(d) A physician, podiatrist, physician assistant, or applicant has the right to seek through court action the amendment or expungement of any part of his or her historical record.
(e) A physician, podiatrist, physician assistant, or applicant shall be provided written notice within 30 days of the placement and substance of any information in his or her individual historical record that pertains to him or her and that was not submitted to the board by him or her.
(f) Except for information relating to biographical background, education, professional training and practice, a voluntary agreement entered into pursuant to §30-3-9(h) of this code and which has been disclosed to the board, prior disciplinary action by any entity, or information contained on the licensure application, the board shall expunge information in an individual's historical record unless it has initiated a proceeding for a hearing upon such information within two years of the placing of the information into the historical record.
(g) Orders and decisions of the board relating to disciplinary action against a physician, podiatrist, or physician assistant are public information and shall be placed into the historical record.
(h)(1) In order to encourage voluntary participation in monitored alcohol, chemical dependency, or major mental illness programs and in recognition of the fact that major mental illness, alcoholism, and chemical dependency are illnesses, a physician, podiatrist, or physician assistant licensed, certified, or otherwise lawfully practicing in this state or applying for a license to practice in this state may enter into a voluntary agreement with the physician health program as defined in §30-3D-2 of this code. The agreement between the physician, podiatrist, or physician assistant and the physician health program shall include a jointly agreed upon treatment program and mandatory conditions and procedures to monitor compliance with the program of recovery.
(2) Any voluntary agreement entered into pursuant to this subsection shall not be considered a disciplinary action or order by the board, shall not be disclosed to the board, and shall not be public information if:
(A) Such voluntary agreement is the result of the physician, podiatrist, or physician assistant self-enrolling or voluntarily participating in the board-designated physician health program;
(B) The board has not received nor filed any written complaints regarding said physician, podiatrist, or physician assistant relating to an alcohol, chemical dependency, or major mental illness affecting the care and treatment of patients, nor received any reports pursuant to §30-3-14(b) of this code relating to an alcohol or chemical dependency impairment; and
(C) The physician, podiatrist, or physician assistant is in compliance with the voluntary treatment program and the conditions and procedures to monitor compliance.
(3) If any physician, podiatrist, or physician assistant enters into a voluntary agreement with the board-approved physician health program, pursuant to this subsection and then fails to comply with or fulfill the terms of said agreement, the physician health program shall report the noncompliance to the board within 24 hours. The board may initiate disciplinary proceedings pursuant to §30-3-14(a)(1) of this code or may permit continued participation in the physician health program or both.
(4) If the board has not instituted any disciplinary proceeding as provided for in this article, any information received, maintained, or developed by the board relating to the alcohol or chemical dependency impairment of any physician, podiatrist, or physician assistant and any voluntary agreement made pursuant to this subsection shall be confidential and not available for public information, discovery, court subpoena, for introduction into evidence in any medical professional liability action, or other action for damages arising out of the provision of or failure to provide health care services.
In the board's annual report of its activities to the Legislature required under §30-3-7 of this code, the board shall include information regarding the success of the voluntary agreement mechanism established therein: Provided, That in making such report, the board shall not disclose any personally identifiable information relating to any physician, podiatrist, or physician assistant participating in a voluntary agreement as provided herein.
Notwithstanding any of the foregoing provisions, the board may cooperate with and provide documentation of any voluntary agreement entered into pursuant to this subsection to licensing boards in other jurisdictions of which the board has become aware and may be appropriate.
(i) When the board receives a report submitted pursuant to the provisions of §30-3-14 of this code, or when the board receives or initiates a complaint regarding the conduct of anyone practicing medicine or surgery, the board shall create a separate complaint file in which the board shall maintain all documents relating to the investigation and action upon the alleged conduct. The final disposition of a complaint is public information and shall be placed in the physician, podiatrist, or physician assistant’s historical record.
(j) Any physician-patient privilege does not apply in any investigation or proceeding by the board, or by a medical peer review committee, or by a hospital governing board with respect to relevant hospital medical records, while any of the aforesaid are acting within the scope of their authority: Provided, That the disclosure of any information pursuant to this provision shall not be considered a waiver of any such privilege in any other proceeding.
(a) License to practice allopathic medicine and surgery – graduates of approved medical schools located in the United States, Canada, or Puerto Rico. — The board may grant a license to practice allopathic medicine and surgery to an applicant who has graduated and received the degree of doctor of medicine or its equivalent from a school of medicine located within the United States, the Commonwealth of Puerto Rico, or Canada, and is approved by the LCME or by the board, and who:
(1) Submits a complete application;
(2) Pays the applicable fees;
(3) Demonstrates to the board's satisfaction that the applicant:
(A) Is physically and mentally capable of engaging in the practice of medicine and surgery;
(B) Has, within 10 consecutive years, passed all component parts of the USMLE or any prior examination or examination series approved by the board which relates to a national standard, is administered in the English language, and is designed to ascertain an applicant’s fitness to practice medicine and surgery;
(C) Has successfully completed one year of approved graduate medical education; and
(D) Meets any other criteria for licensure set forth in this article or in rules promulgated by the board pursuant to §30-3-7 of this code and in accordance with §29A-3-1 et seq. of this code.
(b) License to Practice Allopathic Medicine and Surgery – International Medical Graduates.
The board may grant a license to practice allopathic medicine and surgery to an applicant who has received the degree of doctor of medicine or its equivalent from an approved school of medicine located outside of the United States, the Commonwealth of Puerto Rico, and Canada, who:
(1) Submits a complete application;
(2) Pays the applicable fees;
(3) Demonstrates to the board’s satisfaction that the applicant:
(A) Is physically and mentally capable of engaging in the practice of medicine and surgery;
(B) Has, within 10 consecutive years, passed all component parts of the USMLE or any prior examination or examination series approved by the board which relates to a national standard, is administered in the English language, and is designed to ascertain an applicant’s fitness to practice medicine and surgery;
(C) Has successfully completed:
Two years of approved graduate medical education; or
One year of approved graduate medical education and the applicant holds a current certification by a member board of the American Board of Medical Specialties;
(D) Holds a valid ECFMG certification or:
(i) Holds a full, unrestricted, and unconditional license to practice medicine and surgery under the laws of another state, the District of Columbia, Canada, or the Commonwealth of Puerto Rico;
(ii) Has been engaged in the practice of medicine on a full-time professional basis within the state or jurisdiction where the applicant is fully licensed for a period of at least five years; and
(iii) Is not the subject of any pending disciplinary action by a medical licensing board and has not been the subject of professional discipline reportable to the National Practitioner Data Bank by a medical licensing board in any jurisdiction;
(E) Can communicate in the English language; and
(F) Meets any other criteria for licensure set forth in this article or in rules promulgated by the board pursuant to §30-3-7 of this code and in accordance with §29A-3-1 et seq. of this code.
(c) License to Practice Osteopathic Medicine and Surgery. – Beginning January 1, 2025, the board may grant a license to practice osteopathic medicine and surgery to an applicant who:
(1) Submits a complete application;
(2) Pays the applicable fees;
(3) Demonstrates to the board's satisfaction that the applicant:
(A) Is physically and mentally capable of engaging in the practice of osteopathic medicine and surgery;
(B) Graduated from an accredited osteopathic college;
(E) Meets any other criteria for licensure set forth in this article or in rules promulgated by the board pursuant to §30-3-7 of this code and in accordance with §29A-3-1 et seq. of this code.
(1) Submits a complete application;
(2) Pays the applicable fees;
(3) Demonstrates to the board’s satisfaction that the applicant:
(A) Is physically and mentally capable of engaging in the practice of podiatric medicine and surgery;
(B) Has graduated and received the degree of doctor of podiatric medicine or its equivalent from a school of podiatric medicine approved by the Council of Podiatric Medical Education or by the board;
(C) Has, within 10 consecutive years, passed all component parts of the APMLE, or any prior examination or examination series approved by the board which relates to a national standard, is administered in the English language, and is designed to ascertain an applicant’s fitness to practice podiatric medicine;
(D) Has successfully completed a minimum of one year of graduate clinical training in a program approved by the Council on Podiatric Medical Education or the Colleges of Podiatric Medicine. The board may consider a minimum of two years of graduate podiatric clinical training in the United States armed forces or three years’ private podiatric clinical experience in lieu of this requirement; and
(E) Meets any other reasonable criteria for licensure set forth in this article or in legislative rules promulgated by the board.
(e) Personal interviews by board members of all applicants are not required. An applicant for a license may be required by the board, in its discretion, to appear for a personal interview and may be required to produce original documents for review by the board.
(f) All licenses to practice medicine and surgery granted prior to July 1, 2008, and valid on that date shall continue in full effect for the term and under the conditions provided by law at the time of the granting of the license.
(g) The board shall not issue a license to a person not previously licensed in West Virginia whose license has been revoked or suspended in another state until reinstatement of his or her license in that state.
(h) The board shall not issue an initial license, reinstate, or reactivate a license, to any individual whose license has been revoked, suspended, surrendered, or deactivated in another state based upon conduct which is substantially equivalent to an act of unprofessional conduct prohibited by §30-3-14(c) of this code or the board’s legislative rules, until reinstatement of his or her license in that state.
(i) The board need not reject a candidate for a nonmaterial technical or administrative error or omission in the application process that is unrelated to the candidate’s professional qualifications as long as there is sufficient information available to the board to determine the eligibility and qualifications of the candidate for licensure.
(1) Upon a finding by the board that based on the applicant’s exceptional education, training, and practice credentials, the applicant’s practice in the state would be beneficial to the public welfare;
(2) Upon a finding by the board that the applicant’s education, training, and practice credentials are substantially equivalent to the requirements of licensure established in this article;
(3) Upon a finding by the board that the applicant received his or her post-graduate medical training outside of the United States and its territories;
(4) That the restricted license issued under extraordinary circumstances is approved by a vote of three fourths of the members of the board; and
(5) That orders denying applications for a restricted license under this subsection are not appealable.
(b) Medical School Faculty License. – The medical practice of a physician licensed under this subsection is limited to the medical center of the medical school or accredited osteopathic college to where the physician holds an academic faculty member appointment. A limited license issued under this section is valid for a term of one year from the effective date of the faculty appointment. The board shall issue a limited license to practice allopathic or osteopathic medicine and surgery without examination to an individual appointed to a West Virginia medical school or accredited osteopathic college faculty who holds a valid license to practice medicine and surgery from another state, the District of Columbia, the Commonwealth of Puerto Rico, Canada, or other country the board determines has substantially equivalent requirements for licensure as those jurisdictions, and who:
(1) Submits a complete application;
(2) Pays the applicable fees;
(3) Demonstrates to the board’s satisfaction that the applicant:
(A) Is physically and mentally capable of engaging in the practice of medicine and surgery;
(B) Is able to communicate in English;
(C) Is a graduate of an international school of medicine which is approved by the LCME or by the World Health Organization or by the board with the degree of doctor of medicine or its equivalent;
(D) Has successfully completed one year of approved graduate medical education or has received other training which the board determines to be substantially equivalent or in excess of this requirement;
(E) Has not committed any act in this or any other jurisdiction which would constitute the basis for disciplining a physician under §30-3-14 of this code; and
(E) Has been offered and has accepted a faculty appointment to teach in a medical school in this state.
(c) The board shall investigate applicants seeking special license types set forth in this section, and may require a personal interview to review the applicant's qualifications and professional credentials.
(d) A medical school faculty license issued pursuant to this section will automatically expire and be void, without notice to the physician, when the physician's faculty appointment is terminated. The dean of the medical school shall notify the board within five days of the termination of a faculty appointment of a physician licensed pursuant to this section.
(e) A physician issued a medical school faculty license under this section must keep all medical licenses issued by other jurisdictions in good standing and must notify the board, within 15 days of its occurrence, of any denial, suspension or revocation of or any limitation placed on a medical license issued by another jurisdiction.
(f) The board may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code that establish and regulate the restricted license issued to an applicant in extraordinary circumstances pursuant to the provisions of this section.
(g) A physician licensed under this section may apply for license renewal. The board may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code that establish and regulate the renewal and continuing education requirements for licenses issued pursuant to this section.
(a)(1) Any person seeking to be licensed to practice medicine and surgery in this state who holds a valid license to practice medicine and surgery attained under requirements similar to the requirement of §30-3-10 of this code from another state, the District of Columbia, the Commonwealth of Puerto Rico, or Canada; or
(2) Any person seeking to be licensed to practice podiatry in this state who holds a valid license to practice podiatry attained under requirements similar to the requirements in §30-3-10 of this code from another jurisdiction shall be issued a license to practice podiatry, as appropriate, in this state if he or she meets the following requirements:
(A) He or she must submit an application to the board on forms provided by the board and remit a licensure fee, as provided in legislative rule. The application must, as a minimum, require a statement that the applicant is a licensed physician, or podiatrist in good standing and indicate whether any medical disciplinary action has been taken against him or her in the past; and
(B) He or she must demonstrate to the satisfaction of the board that he or she has the requisite qualifications to provide the same standard of care as a physician or podiatrist initially licensed in this state.
(b) The board may investigate the applicant and may request a personal interview to review the applicant’s qualifications and professional credentials.
(c) The board may grant a temporary license to an individual applying for licensure under this section if the individual meets the requirements of this section. A temporary license issued by the board authorizes the holder to practice medicine and surgery or podiatry in West Virginia for the term of the temporary license and includes full prescriptive authority. The temporary license is valid until its holder has either been granted or denied a license at the next regular meeting of the board. The board may fix and collect a fee for a temporary license, as provided in legislative rule.
(d) The application fee shall be waived, and to the extent consistent with the integrity of the licensure process and the requirements for licensure as set forth in this section and in the relevant legislative rules, the board shall expedite its processing of an individual’s application to practice medicine and surgery, or practice podiatry: Provided, That the sole purpose for licensure is to provide services at a children's summer camp for not more than one specifically designated three-week period annually. The license shall be issued for a period of the specifically designated three weeks only, on an annual basis.
(e) Beginning January 1, 2025, the provisions of this section shall be equally available to any person seeking to be licensed to practice osteopathic medicine and surgery in this state who holds a valid license to practice medicine and surgery attained under requirements similar to the requirement of §30-3-10(c) of this code from another state, the District of Columbia, or the Commonwealth of Puerto Rico.
(a) For purposes of this section:
(1) "Administrative medicine" means administration or management related to the practice of medicine or to the delivery of health care services using the medical knowledge, skill, and judgment of a licensed physician that may affect the health of the public or medical research, excluding clinical trials on humans. Administrative medicine does not include the authority to practice clinical medicine; examine, care for, or treat patients; prescribe medications, including controlled substances; or direct or delegate medical acts or prescriptive authority to others.
(2) "Administrative medicine license" means a medical license restricted to the practice of administrative medicine. A physician with an administrative medicine license may manage the integration of clinical medicine, strategy, operations, and other business activities related to the delivery of health care services, advise organizations, both public and private, on health care matters; authorize and deny financial payments for care; organize and direct research programs; review care provided for quality; and perform other similar duties that do not require or involve direct patient care.
(3) "Clinical medicine" includes, but is not limited to:
(A) Direct involvement in patient evaluation, diagnosis, and treatment;
(B) Prescribing, administering, or dispensing any medication;
(C) Delegating medical acts, service, or prescriptive authority; and
(D) Supervision of physicians or podiatric physicians who practice clinical medicine, physicians and podiatric physicians engaged in graduate medical education, physician assistants who render medical services in collaboration with physicians, and/or the clinical practice of any other medical professional.
(b) The board may issue an administrative medicine license to a physician who:
(1) Files a complete application;
(2) Pays the applicable fee;
(3) Meets all qualifications and criteria for licensure set forth in §30-3-10 or §30-3-11 of this code and the board’s legislative rules; and
(4) Demonstrates competency to practice administrative medicine.
(c) Administrative medicine licensees may not practice clinical medicine.
(d) A physician applying to renew an administrative medicine license must pay the same fees and meet the same requirements for renewing an active status license, including submission of certification of participation in and successful completion of a minimum of 50 hours of continuing medical and/or osteopathic education satisfactory to the board during the preceding two-year period.
(e) The board may deny an application for an administrative medicine license and may discipline an administrative medicine licensee who, after a hearing, has been adjudged by the board as unqualified due to any reason set forth in §30-3-14 of this code or the board’s rules and pursuant to the processes set forth therein.
(f) The board shall propose legislative rules pursuant to the provisions of §29A-3-1 et seq. of this code to implement the provisions of this section and to regulate the practice of administrative medicine.
[Repealed.]
[Repealed.]
(a) A license to practice medicine and surgery or podiatry in this state is valid for a term of two years.
(b) The license shall be renewed:
(1) Upon receipt of a reasonable fee, as set by the board;
(2) Submission of an application on forms provided by the board; and
(3) A certification of participation in and successful completion of a minimum of fifty hours of continuing medical, osteopathic, or podiatric education satisfactory to the board, as appropriate to the particular license, during the preceding two-year period.
(c) The application may not require disclosure of a voluntary agreement entered into pursuant to §30-3-9(h) of this code.
(d) Continuing medical education satisfactory to the board is continuing medical education designated as Category I by the American Medical Association or the Academy of Family Physicians and alternate categories approved by the board.
(e) Continuing podiatric education satisfactory to the board is continuing podiatric education approved by the Council on Podiatric Education and alternate categories approved by the board.
(f) Continuing osteopathic education satisfactory to the board is continuing osteopathic education designated as Category I by the either the American Osteopathic Association or the American Medical Association and alternative categories approved by the board.
(g) Notwithstanding any provision of this chapter to the contrary, beginning July 1, 2007, failure to timely submit to the board a certification of successful completion of a minimum of 50 hours of continuing medical, osteopathic, or podiatric education satisfactory to the board, as appropriate to the particular license, shall result in the automatic expiration of any license to practice medicine and surgery or podiatry until such time as the certification, with all supporting written documentation, is submitted to and approved by the board.
(h) If a license is automatically expired and reinstatement is sought within one year of the automatic expiration, the former licensee shall:
(1) Provide certification with supporting written documentation of the successful completion of the required continuing education;
(2) Pay a renewal fee; and
(3) Pay a reinstatement fee equal to 50 percent of the renewal fee.
(i) If a license is automatically expired and more than one year has passed since the automatic expiration, the former licensee shall:
(1) Apply for a new license;
(2) Provide certification with supporting written documentation of the successful completion of the required continuing education; and
(3) Pay such fees as determined by the board.
(j) Any individual who accepts the privilege of practicing medicine and surgery or podiatry in this state is required to provide supporting written documentation of the continuing education represented as received within 30 days of receipt of a written request to do so by the board. If a licensee fails or refuses to provide supporting written documentation of the continuing education represented as received as required in this section, such failure or refusal to provide supporting written documentation is prima facie evidence of renewing a license to practice medicine and surgery or podiatry by fraudulent misrepresentation.
(k) The board may renew, on an inactive basis, the license of a physician or podiatrist who is currently licensed to practice medicine and surgery or podiatry in, but is not actually practicing, medicine and surgery or podiatry in this state. A physician or podiatrist holding an inactive license shall not practice medicine and surgery or podiatry in this state.
(l) An inactive license may be converted by the board to an active license upon a written request by the licensee to the board that:
(1) Accounts for his or her period of inactivity to the satisfaction of the board; and
(2) Includes written documentation of participation in and successful completion of a minimum of 50 hours of continuing medical or podiatric education satisfactory to the board, as appropriate to the particular license, during each preceding two-year period.
(m) An inactive license may be obtained upon receipt of a reasonable fee, as set by the board, and submission of an application on forms provided by the board on a biennial basis.
(n) The board may not require any physician or podiatrist who is retired or retiring from the active practice of medicine and surgery or the practice of podiatry and who is voluntarily surrendering their license to return to the board the license certificate issued to them by the board.
(o) The board may deny or refuse to reissue a license to any person who has been convicted of a felony under the laws of this state, any other state, the United States or the laws of any other country or state outside of the United States.
(a) It is unlawful for any person who does not hold an active, unexpired license issued pursuant to this article, or who is not practicing pursuant to the licensure exceptions set forth in this section, to:
(1) Engage in the practice of medicine and surgery or podiatry in this state;
(2) Represent that he or she is a physician, surgeon or podiatrist authorized to practice medicine and surgery or podiatry in this state; or
(3) Use any title, word, or abbreviation to indicate or induce others to believe that he or she is licensed to practice medicine and surgery or podiatry in this state.
(b) It is unlawful for any person who does not hold an active, unexpired license, or other practice credential issued by the board to engage in the practice of telemedicine within this state. As used in this section, the "practice of telemedicine" means the practice of medicine using communication tools such as electronic communication, information technology or other means of interaction between a licensed health care professional in one location and a patient in another location, with or without an intervening health care provider, and typically involves secure real time audio/video conferencing or similar secure audio/video services, remote monitoring, interactive video and store and forward digital image or health data technology to provide or support health care delivery by replicating the interaction of a traditional in person encounter between a provider and a patient. The practice of telemedicine occurs in this state when the patient receiving health care services through a telemedicine encounter is physically located in this state.
(c) It is not unlawful for a person:
(1) Who is a licensed health care provider under this code to act within his or her scope of practice;
(2) Who is not a licensed health care professional in this state to provide first aid care in an emergency situation; or
(3) To engage in the bona fide religious tenets of any recognized church in the administration of assistance to the sick or suffering by mental or spiritual means.
(d) The following persons are exempt from the licensure requirements under this article:
(1) A person enrolled in an approved medical school, an accredited osteopathic college, or a school of podiatric medicine approved by the Council of Podiatry Education or by the board;
(2) A physician, podiatrist, or physician assistant practicing in this state pursuant to, and within the limitations of, a practice credential issued by the board;
(3) A person engaged in graduate podiatric training in a program approved by the Council on Podiatric Education or by the board;
(4) A physician or podiatrist engaged in the performance of his or her official duties holding one or more licenses from another state or foreign country and who is a commissioned medical officer of, a member of, or employed by:
(A) The United States Military;
(B) The Department of Defense;
(C) The United States Public Health Service; or
(D) Any other federal agency;
(5) A physician or podiatrist holding one or more unrestricted licenses granted by another state or foreign country serving as visiting medical faculty engaged in education, training, or research duties at a medical school or institution recognized by the board for up to six months if:
(A) The physician does not engage in the practice of medicine and surgery or podiatry outside of the auspices of the sponsoring school or institution; and
(B) The sponsoring medical school or institution provides prior written notification to the board including the physician’s name, all jurisdictions of licensure and the beginning and end date of the physician’s visiting medical faculty status;
(6) A physician or podiatrist holding one or more unrestricted licenses granted by another state present in the state as a member of an air ambulance treatment team or organ harvesting team;
(7) A physician or podiatrist holding one or more unrestricted licenses granted by another state or foreign country providing a consultation on a singular occasion to a licensed physician or podiatrist in this state, whether the consulting physician or podiatrist is physically present in the state for the consultation or not;
(8) A physician or podiatrist holding one or more unrestricted licenses granted by another state or foreign country providing teaching assistance, in a medical capacity, for a period not to exceed seven days; and
(9) A physician or podiatrist holding one or more unrestricted licenses granted by another state or foreign country providing medical services to a college or university affiliated and/or sponsored sports team or an incorporated sports team if:
(A) He or she has a written agreement with that sports team to provide care to team members, band members, cheerleaders, mascots, coaching staff, and families traveling with the team for a specific sporting event, team appearance, or training camp occurring in this state;
(B) He or she may only provide care or consultation to team members, coaching staff, and families traveling with the team no longer than seven consecutive days per sporting event;
(C) He or she is not authorized to practice at a health care facility or clinic, acute care facility or urgent care center located in this state, but the physician may accompany the patient to the facility and consult; and
(D) The physician or podiatrist may be permitted, by written permission from the executive director, to extend his or her authorization to practice medicine for a maximum of seven additional consecutive days if the requestor shows good cause for the extension.
(e) A physician or podiatrist who does not hold a license issued by the board and who is practicing medicine in this state pursuant to the exceptions to licensure set forth in this section may practice in West Virginia under one or more of the licensure exceptions for no greater than a cumulative total of 30 days in any one calendar year.
(f) The executive director shall send by certified mail to a physician not licensed in this state a written order that revokes the privilege to practice medicine under this section if the executive director finds good cause to do so. If no current address can be determined, the order may be sent by regular mail to the physician’s last known address.
(g) A person who engages in the unlawful practice of medicine and surgery or podiatry while holding a license or other practice credential issued pursuant to this article which has been classified by the board as expired for 90 days or fewer is guilty of a misdemeanor and, upon conviction, shall be fined not more than $5,000 or confined in jail not more than 12 months, or both fined and confined.
(h) A person who practices or attempts to practice medicine and surgery or podiatry and: (1) Has never been licensed by the board under this article; (2) holds a license or a practice credential which has been classified by the board as expired for greater than 90 days; or (3) holds a license or a practice credential which has been placed in inactive status, revoked, suspended, or surrendered to the board is guilty of a felony and, upon conviction, shall be fined not more than $10,000 or imprisoned in a correctional facility for not less than one year nor more than five years or both fined and imprisoned.
(i) Upon a determination by the board that any report or complaint submitted to it concerns allegations of the unlawful practice of medicine and surgery by an individual who is licensed under another article of this chapter, the board shall refer the complaint to the appropriate licensing authority. Additionally, whenever the board receives credible information that an individual is engaging in the unlawful practice of medicine and surgery or podiatry in violation of this section, the board may report such information to the appropriate state and/or federal law enforcement authority and/or prosecuting attorney.
(1) "Chronic nonmalignant pain" means pain that has persisted after reasonable medical efforts have been made to relieve the pain or cure its cause and that has continued, either continuously or episodically, for longer than three continuous months. "Chronic nonmalignant pain" does not include pain associated with a terminal condition or illness or with a progressive disease that, in the normal course of progression, may reasonably be expected to result in a terminal condition or illness.
(2) "Physician" means a person licensed or registered by the West Virginia Board of Medicine to practice allopathic or osteopathic medicine in West Virginia.
(3) "Store and forward telemedicine" means the asynchronous computer-based communication of medical data or images from an originating location to a physician or podiatrist at another site for the purpose of diagnostic or therapeutic assistance.
(4) "Telemedicine" means the practice of medicine using tools such as electronic communication, information technology, store and forward telecommunication, audio only telephone calls, or other means of interaction between a physician or podiatrist in one location and a patient in another location, with or without an intervening health care provider.
(5) "Telemedicine technologies" means technologies and devices which enable secure communications and information exchange in the practice of telemedicine, and typically involve the application of secure real-time audio/video conferencing or similar secure video services, remote monitoring or store and forward digital image technology, or audio only telephone calls to provide or support health care delivery by replicating the interaction of a traditional in-person encounter between a physician or podiatrist and a patient.
(b) Licensure or registration. –
(1) The practice of medicine occurs where the patient is located at the time the telemedicine technologies are used.
(2) A physician or podiatrist who practices telemedicine must be licensed as provided in this article or registered as provided in §30-1-1 et seq. of this code.
(3) This section does not apply to:
(A) An informal consultation or second opinion, at the request of a physician or podiatrist who is licensed to practice medicine or podiatry in this state: Provided, That the physician or podiatrist requesting the opinion retains authority and responsibility for the patient's care; and
(B) Furnishing of medical assistance by a physician or podiatrist in case of an emergency or disaster, if no charge is made for the medical assistance.
(c) Physician-patient or podiatrist-patient relationship through telemedicine encounter. –
(1) A physician-patient or podiatrist-patient relationship may not be established through text-based communications such as e-mail, Internet questionnaires, text-based messaging, or other written forms of communication.
(2) If an existing physician-patient or podiatrist-patient relationship does not exist prior to the utilization to telemedicine technologies, or if services are rendered solely through telemedicine technologies, a physician-patient or podiatrist-patient relationship may only be established:
(A) Through the use of telemedicine technologies which incorporate interactive audio using store and forward technology, real-time videoconferencing, or similar secure video services during the initial physician-patient or podiatrist-patient encounter;
(B) For the practice of pathology and radiology, a physician-patient relationship may be established through store and forward telemedicine or other similar technologies; or
(C) Through the use of audio-only calls or conversations that occur in real time. Patient communication though audio-visual communication is preferable, if available or possible. Audio-only calls or conversations that occur in real time may be used to establish the physician-patient relationship.
(3) Once a physician-patient or podiatrist-patient relationship has been established, either through an in-person encounter or in accordance with subdivision (2) of this subsection, the physician or podiatrist may utilize any telemedicine technology that meets the standard of care and is appropriate for the patient presentation.
(d) Telemedicine practice. – A physician or podiatrist using telemedicine technologies to practice medicine or podiatry shall:
(1) Verify the identity and location of the patient;
(2) Provide the patient with confirmation of the identity and qualifications of the physician or podiatrist;
(3) Provide the patient with the physical location and contact information of the physician;
(4) Establish or maintain a physician-patient or podiatrist-patient relationship that conforms to the standard of care;
(5) Determine whether telemedicine technologies are appropriate for the patient presentation for which the practice of medicine or podiatry is to be rendered;
(6) Obtain from the patient appropriate consent for the use of telemedicine technologies;
(7) Conduct all appropriate evaluations and history of the patient consistent with traditional standards of care for the patient presentation;
(8) Create and maintain health care records for the patient which justify the course of treatment and which verify compliance with the requirements of this section; and
(9) The requirements of §30-3-13a(d)(1) through §30-3-13a(d)(8) of this code do not apply to the practice of pathology or radiology medicine through store and forward telemedicine.
(e) Standard of care. – The practice of medicine or podiatry provided via telemedicine technologies, including the establishment of a physician-patient or podiatrist-patient relationship and issuing a prescription via electronic means as part of a telemedicine encounter, are subject to the same standard of care, professional practice requirements, and scope of practice limitations as traditional in-person physician-patient or podiatrist-patient encounters. Treatment, including issuing a prescription, based solely on an online questionnaire, does not constitute an acceptable standard of care.
(f) Patient records. – The patient record established during the use of telemedicine technologies shall be accessible and documented for both the physician or podiatrist and the patient, consistent with the laws and legislative rules governing patient health care records. All laws governing the confidentiality of health care information and governing patient access to medical records shall apply to records of practice of medicine or podiatry provided through telemedicine technologies. A physician or podiatrist solely providing services using telemedicine technologies shall make documentation of the encounter easily available to the patient, and subject to the patient's consent, to any identified care provider of the patient.
(g) Prescribing limitations. – (1) A physician or podiatrist who practices medicine to a patient solely through the utilization of telemedicine technologies may not prescribe to that patient any controlled substances listed in Schedule II of the Uniform Controlled Substances Act: Provided, That the prescribing limitations contained in this section do not apply to a physician or a member of the same group practice with an established patient.
(2) The prescribing limitations in this subsection do not apply when a physician is providing treatment to patients who are minors, or if 18 years of age or older, who are enrolled in a primary or secondary education program and are diagnosed with intellectual or developmental disabilities, neurological disease, Attention Deficit Disorder, Autism, or a traumatic brain injury in accordance with guidelines as set forth by organizations such as the American Psychiatric Association, the American Academy of Child and Adolescent Psychiatry, or the American Academy of Pediatrics. The physician must maintain records supporting the diagnosis and the continued need of treatment.
(3) The prescribing limitations in this subsection do not apply to a hospital, excluding the emergency department, when a physician submits an order to dispense a controlled substance, listed in Schedule II of the Uniform Controlled Substances Act, to a hospital patient for immediate administration in a hospital.
(4) A physician or podiatrist may not prescribe any pain-relieving controlled substance listed in Schedule II of the Uniform Controlled Substance Act as part of a course of treatment for chronic nonmalignant pain solely based upon a telemedicine encounter: Provided, That the prescribing limitations contained in this section do not apply to a physician or a member of the same group practice with an established patient.
(5) A physician or health care provider may not prescribe any drug with the intent of causing an abortion. The term "abortion" has the same meaning ascribed to it in §16-2R-2 of this code.
(h) Exceptions. – This article does not prohibit the use of audio-only or text-based communications by a physician or podiatrist who is:
(1) Responding to a call for patients with whom a physician-patient or podiatrist-patient relationship has been established through an in-person encounter by the physician or podiatrist;
(2) Providing cross coverage for a physician or podiatrist who has established a physician-patient or podiatrist-patient relationship with the patient through an in-person encounter; or
(3) Providing medical assistance in the event of an emergency.
(i) Rulemaking. – The West Virginia Board of Medicine may propose rules for legislative approval in accordance with §29A-3-1, of this code to implement standards for and limitations upon the utilization of telemedicine technologies in the practice of medicine and podiatry in this state.
(j) Preserving traditional physician-patient or podiatrist-patient relationship. – Nothing in this section changes the rights, duties, privileges, responsibilities, and liabilities incident to the physician-patient or podiatrist-patient relationship, nor is it meant or intended to change in any way the personal character of the physician-patient or podiatrist-patient relationship. This section does not alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.
(a) Unlawful acts. — It is unlawful for any corporation to practice or offer to practice medicine, surgery, podiatric medicine, or to perform medical acts through one or more physician assistants in this state without a certificate of authorization issued by the board designating the corporation as an authorized medical corporation.
(b) Certificate of authorization for in-state medical corporation. —The board may issue a certificate of authorization for a medical corporation to one or more individuals licensed by the board. Prior to January 1, 2025, licensees of the West Virginia Board of Osteopathic Medicine may join with licensees of the board to receive a certificate of authorization from the board. Eligible licensees may apply for a certificate of authorization by:
(1) Filing a written application with the board on a form prescribed by the board;
(2) Furnishing satisfactory proof to the board that each shareholder of the proposed medical or podiatry corporation is a:
(A) Licensed physician pursuant to this article, §30-3-1 et seq., or §30-14-1 et seq. of this code; or
(B) A licensed physician assistant pursuant to §30-3E-1 et seq. of this code; and
(3) Submitting applicable fees which are not refundable.
(c) Certificate of authorization for out-of-state medical corporation. — A medical corporation formed outside of this state for the purpose of engaging in the practice of medicine, surgery, podiatric medicine, or for medical acts through one or more licensed physician assistants may receive a certificate of authorization from the board to be designated a foreign medical corporation by:
(1) Filing a written application with the board on a form prescribed by the board;
(2) Furnishing satisfactory proof to the board that the medical corporation has received a certificate of authorization or similar authorization from the appropriate authorities as a medical corporation or professional corporation in its state of incorporation and is currently in good standing with that authority;
(3) Furnishing satisfactory proof to the board that at least one shareholder of the proposed medical corporation is a licensed physician, podiatric physician, or physician assistant, pursuant to this article or §30-3E-1 et seq. of this code and is designated as the corporate representative for all communications with the board regarding the designation and continuing authorization of the corporation as a foreign medical corporation;
(4) Furnishing satisfactory proof to the board that all of the medical corporation’s shareholders are licensed physicians, podiatric physicians, or physician assistants in one or more states and submitting a complete list of the shareholders, including each shareholder’s name, their state or states of licensure, and their license number(s); and
(5) Submitting applicable fees which are not refundable.
(d) Notice of certificate of authorization to Secretary of State. — When the board issues a certificate of authorization to a medical corporation, then the board shall notify the Secretary of State that a certificate of authorization has been issued. When the Secretary of State receives a notification from the board, he or she shall attach that certificate of authorization to the corporation application and, upon compliance by the corporation with the pertinent provisions of this code, shall notify the incorporators that the medical corporation, through licensed physicians, podiatrists, or physician assistants may engage in the practice of medicine, surgery, the practice of podiatry, or performing medical acts through the practice of physician assistants in West Virginia.
(e) Authorized practice of medical corporation. — An authorized medical corporation may only practice medicine and surgery through individual physicians, podiatric physicians, or physician assistants licensed to practice medicine and surgery in this state. Physicians, podiatric physicians, and physician assistants may be employees rather than shareholders of a medical corporation, and nothing herein requires a license for or other legal authorization of, any individual employed by a medical corporation to perform services for which no license or other legal authorization is otherwise required.
(f) Renewal of certificate of authorization. — A medical corporation holding a certificate of authorization shall register biennially, on or before the expiration date on its certificate of authorization, on a form prescribed by the board, and pay a biennial fee. If a medical corporation does not timely renew its certificate of authorization, then its certificate of authorization automatically expires.
(g) Renewal for expired certificate of authorization. — A medical corporation whose certificate of authorization has expired may reapply for a certificate of authorization by submitting a new application and application fee in conformity with subsection (b) or (c) of this section.
(h) Ceasing operation - In-state medical corporation. — A medical corporation formed in this state and holding a certificate of authorization shall cease to engage in the practice of medicine, surgery, podiatry, or performing medical acts through the practice of physician assistants when notified by the board that:
(1) One of its shareholders is no longer a duly licensed physician, podiatric physician, or physician assistant in this state; or
(2) The shares of the medical corporation have been sold or transferred to a person who is not licensed by the board or, until January 1, 2025, the Board of Osteopathic Medicine. The personal representative of a deceased shareholder shall have a period, not to exceed 12 months from the date of the shareholder’s death, to transfer the shares. Nothing herein affects the existence of the medical corporation or its right to continue to operate for all lawful purposes other than the professional practice of licensed physicians, podiatric physicians, and physician assistants.
(i) Ceasing operation - Out-of-state medical corporation. — A medical corporation formed outside of this state and holding a certificate of authorization shall immediately cease to engage in practice in this state if:
(1) The corporate shareholders no longer include at least one shareholder who is licensed to practice in this state pursuant to this article or §30-3E-1 et seq. of this code;
(2) The corporation is notified that one of its shareholders is no longer a licensed physician, podiatric physician, or physician assistant; or
(3) The shares of the medical corporation have been sold or transferred to a person who is not a licensed physician, podiatric physician, or physician assistant. The personal representative of a deceased shareholder shall have a period, not to exceed 12 months from the date of the shareholder's death, to transfer the shares. In order to maintain its certificate of authorization to practice medicine and surgery, podiatric medicine, or to perform medical acts through one or more physician assistants during the 12-month period, the medical corporation shall, at all times, have at least one shareholder who is licensed in this state pursuant to this article or §30-3E-1 et seq. of this code. Nothing herein affects the existence of the medical corporation or its right to continue to operate for all lawful purposes other than the professional practice of licensed physicians, podiatric physicians, and physician assistants.
(j) Notice to Secretary of State. — Within 30 days of the expiration, revocation, or suspension of a certificate of authorization by the board, the board shall submit written notice to the Secretary of State.
(k) Unlawful acts. — It is unlawful for any corporation to practice or offer to practice medicine, surgery, podiatric medicine, or to perform medical acts through one or more physician assistants after its certificate of authorization has expired or been revoked, or if suspended, during the term of the suspension.
(l) Application of section. — Nothing in this section is meant or intended to change in any way the rights, duties, privileges, responsibilities, and liabilities incident to the physician-patient, podiatrist-patient or physician assistant-patient relationship, nor is it meant or intended to change in any way the personal character of the practitioner-patient relationship. Nothing in this section shall be construed to require a hospital licensed pursuant to §16-5B-1 et seq. of this code to obtain a certificate of authorization from the board so long as the hospital does not exercise control of the independent medical judgment of physicians, podiatric physicians or physician assistants licensed pursuant to this article or §30-3E-1 et seq. of this code.
(m) Court evidence. — A certificate of authorization issued by the board to a corporation to practice medicine and surgery, podiatric medicine, or to perform medical acts through one or more physician assistants in this state that has not expired, been revoked, or suspended is admissible in evidence in all courts of this state and is prima facie evidence of the facts stated therein.
(n) Penalties. — Any officer, shareholder, or employee of a medical corporation who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 per violation.
(a) Beginning July 1, 2019, no person shall participate in a program of graduate medical training in this state unless such person holds a license to practice medicine and surgery in this state or has been issued an educational permit by the board.
(b) An educational permit issued by the board authorizes the recipient to practice medicine and surgery only within the parameters of the recipient’s training program.
(c) An applicant for an educational permit shall file an application with the board and furnish evidence establishing that the applicant has satisfied the following requirements:
(1) The applicant is 18 years of age or over;
(2) The applicant has paid the applicable fee;
(3) The applicant has:
(A) Graduated from an accredited osteopathic college;
(B) Graduated from an approved medical school;
(C) Graduated from a medical college that meets requirements for certification by the ECFMG; or
(D) Completed an alternate pathway for meeting initial entry requirements or prerequisite or transfer requirements recognized by the ACGME;
(4) The applicant:
(A) Is under contract as a resident in a program of post-graduate clinical training approved by the ACGME; or
(B) Has completed a residency program approved by the AOA, ACGME, or a residency program recognized by the ECFMG and is under contract as a fellow in an approved program of post-graduate clinical training sponsored by an institution that is accredited to provide graduate medical education;
(5) The applicant has never held a license to practice medicine and surgery in West Virginia; and
(6) The applicant has fulfilled any other reasonable requirement specified in rule by the Board.
(d) An educational permit shall be valid for up to one year of post-graduate training. An educational permit may be renewed if the holder remains eligible to receive a renewed permit.
(e) The Board may deny an application or suspend or revoke a permit at any time upon grounds defined by the board by legislative rule.
(f) In order to give timely effect to this section, the board may promulgate emergency rules pursuant to the provisions of §29A-3-15 of this code, including:
(1) Implementation of the transfer of responsibility to the board for the issuance and regulation of educational permits for graduates of accredited osteopathic colleges;
(2) The extent to which residents and fellows may practice medicine and surgery pursuant to an educational permit;
(3) Criteria for the issuance of reciprocal educational permits for out of state allopathic and osteopathic medical residents seeking to complete a residency rotation in West Virginia;
(4) Requirements for educational permits and the renewal of such permits, including eligibility criteria for renewal;
(5) Criteria for when an educational permit application may be denied;
(6) Grounds for permit suspension or revocation;
(7) A fee schedule;
(8) Procedures for transitioning existing medical education trainees prior to implementation; and
(9) Any other rules necessary to effectuate and implement the provisions of this section.
(a) The special revenue funds provided in §30-14-1 et seq. of this code shall expire December 31, 2024, and all such remaining funds shall transfer to the special revenue account of this board.
(b) All fees and other moneys, except administrative fines, received by the board shall be deposited in the board’s special revenue fund. The fund is used by the board for the administration of this article. Except as provided in §30-1-1 et seq. of this code, the board retains the amount in the special revenue account from year to year. No compensation or expense incurred pursuant to this article is a charge against the General Revenue Fund.
The purpose of this article is to provide for the licensure and professional discipline of genetic counselors and to provide a professional environment that encourages the delivery of quality genetic counseling services within this state, with reasonable skill and safety for patients and other recipients of genetic counseling services. This article sets forth the requirements for licensure of genetic counselors and provides for the regulation of professional discipline of genetic counseling practitioners.
As used in this article:
"ABGC" means the American Board of Genetic Counseling, or any successor organization recognized as an equivalent organization by the board.
"ABMG" means the American Board of Medical Genetics and Genomics, or any successor organization recognized as an equivalent organization by the board.
"ACGC" means the Accreditation Counsel for Genetic Counseling, or any successor organization recognized as an equivalent organization by the board.
"ACS" or "Active Candidate Status" means a status conferred by ABGC upon a person who has met ABGC’s requirements to take the ABGC certification examination in general genetics and genetic counseling.
"ACS permit" means a permit issued to an individual who has attained Active Candidate Status to take the ABGC certification examination in general genetics and genetic counseling which authorizes the permit holder to practice genetic counseling under the supervision of a qualified supervisor.
"ACS permittee" means a person with an ACS permit issued by the Board.
"Board" means the West Virginia Board of Medicine established in § 30-3-1 et seq. of this code.
"Genetic counseling" means the provision of services to individuals, couples, families, and organizations by one or more appropriately licensed individuals to address physical and psychological issues associated with the occurrence or risk of occurrence of a genetic disorder, birth defect, or genetically influenced condition or disease in an individual or a family.
"Genetic counseling intern" means a student enrolled in a genetic counseling program accredited by the ACGC or ABMG.
"Genetic counselor" means an individual who is licensed by the Board to practice genetic counseling.
"Qualified supervisor" means any person who is a genetic counselor licensed pursuant to this article or a physician licensed pursuant to §30-3-1 et seq.
"Supervision" means supervision by a qualified supervisor who has the overall responsibility of assessing the work of an ACS permittee, including regular meetings and chart review, provided that the annual supervision contract signed by the qualified supervisor and the ACS permittee is on file with both parties. Supervision does not require the qualified supervisor to be present during the performance of services by an ACS permittee.
(a) Effective July 1, 2025, and except as provided in subsection (b) of this section, a person shall not engage, or offer to engage, in the practice of genetic counseling to patients in this state without a current, valid license issued by the board.
(b) The licensure requirement set forth in this article does not apply to:
(1) Any person, such as a physician, advanced practiced registered nurse, or physician assistant, who is lawfully practicing within the scope of the person's profession, is engaged in work of a nature consistent with the person's training, and has a license, permit, registration, certification, or other authorization to practice his or her profession in West Virginia;
(2) Any person employed as a genetic counselor by the federal government or an agency of the federal government, if the person provides genetic counseling services exclusively under the direction and control of his or her federal employer;
(3) Any person assisting a genetic counselor in practice under the direct, on-premises supervisions of the genetic counselor;
(4) A genetic counseling intern, if the genetic counseling services performed by the student or intern are an integral part of the student’s course of study, are performed under the direct supervision of a licensed genetic counselor, and the student is practicing under the designation of "genetic counseling intern";
(5) An ACS permittee practicing under the supervision of a qualified supervisor; or
(6) A person who is licensed to practice genetic counseling in another state and who is providing consulting services in this state on a temporary basis, as determined by the board by legislative rule, if the person satisfies all of the following:
(A) The person is certified by the ABGC; and
(B) The person received authorization from the board to provide consulting services in this state on a temporary basis pursuant to the process established in legislative rule.
(c) Effective July 1, 2025, any person who is not licensed by the board as a genetic counselor may not hold himself or herself out to the public as a genetic counselor, and may not, in connection with his or her name or place of business, use the terms "genetic counselor", "licensed genetic counselor", or any words, letters, abbreviations or insignia indicating or implying that the person holds a genetic counseling license. ACS permittees may use the term "genetic counselor, Active Candidate Status" and may indicate that they hold an ACS permit.
(a) In addition to the powers and duties of the board as set forth in §30-3-1 et seq. of this code, and in conformity with this article, the board shall:
(1) Establish the requirements for licenses and ACS permits;
(2) Determine the qualifications of applicants for licenses and permits to practice genetic counseling;
(3) Establish the procedures for submitting, approving, and rejecting applications for licenses and permits, including renewal and reinstatement;
(4) Propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of and carry out the purposes of this article;
(5) Receive and initiate genetic counseling complaints, conduct investigations, convene hearings, issue subpoenas for witnesses and documents and administer oaths;
(6) Institute proceedings in the courts of this state to enforce its subpoenas for the production of witnesses and documents and its orders, and to restrain and enjoin violations of this article and of any rules promulgated under it;
(7) Establish and certify standards for the supervision of ACS permittees;
(8) Establish the circumstances under which the approval of applications and the issuance of licenses and permits may be delegated to the executive director; and
(9) Perform such other duties as are set forth in this article or otherwise provided for in this code.
(b) The board's annual report to the Legislature shall include a statistical analysis of complaints received, charges investigated, charges dismissed after investigation, the grounds for each such dismissal and disciplinary proceedings and disposition.
(a) The Board shall issue a genetic counseling license to an applicant who:
(1) Is at least 21 years of age;
(2) Submits an application for licensure to the board on a form approved by the board;
(3) Pays the applicable fee, as established in legislative rule;
(4) Submits satisfactory evidence to the board that he or she does not have a prior, unreversed, criminal conviction for a crime that bears a rational nexus to the profession of genetic counseling;
(5) Submits satisfactory evidence to the board that the applicant has earned a master's degree from a genetic counseling training program that is accredited by the ACGC, or a substantially equivalent educational program approved by the board;
(6) Provides satisfactory evidence to the board of current certification as a:
(A) Genetic counselor by the ABGC or ABMG; or
(B) Medical geneticist by the ABMG;
(7) Is mentally and physically able to engage safely in practice as a genetic counselor;
(8) Is not currently subject to any limitation, restriction, suspension, revocation, or discipline concerning a genetic counselor license, certification, or registration in any jurisdiction: Provided, That if the board is made aware of any problems with a genetic counselor license, certification, or registration, it may elect to issue a license notwithstanding the provisions of this subdivision if doing so is consistent with protecting the public; and
(9) Has fulfilled any other requirement specified by the board in rule for legislative approval.
(b) The board shall not issue an initial license, reinstate, or reactivate a license, to any individual whose license has been revoked, suspended, surrendered, or deactivated in another state based upon conduct which is substantially equivalent to an act of unprofessional conduct prohibited by §30-3G-9 of this code or the board’s legislative rules, until reinstatement of his or her license in that state.
(c) The board shall issue a certificate of licensure to each person who is licensed under this article.
(a) An ACS permit authorizes an individual who has attained Active Candidate Status with the ABGC to practice genetic counseling under the supervision of a qualified supervisor and in accord with the board’s legislative rules regarding supervised practice.
(b) The Board shall issue an ACS permit to an applicant who:
(1) Submits an application for license to the board on a form approved by the board;
(2) Pays the applicable fee, as established in legislative rule;
(3) Provides satisfactory evidence that he or she currently holds an Active Candidate Status from the ABGC; and
(4) Has fulfilled any other requirement specified by the board in legislative rule.
(c) An ACS permit granted by the board shall be valid for up to one year from the date issuance, and shall expire upon the earliest of the following:
(1) The granting of a genetic counselor license pursuant to §30-3G-4;
(2) Thirty days after an ACS permittee no longer holds an Active Candidate Status with the ABGC;
(3) Upon notice to the ACS permittee of failure of the ABGC certification exam; or
(4) One year after the issuance of the permit.
(d) An ACS permittee shall apply for and take the ABGC certification examination within 12 months of the issuance of an ACS permit by the board.
(e) The board may, in its discretion, and only once, extend an ACS permit for a limited period specified by the board, if the person maintains Active Candidate Status with the ABGC and has not failed the ABGC certification exam during the initial permit period.
(f) A person who holds an ABGC permit may only practice genetic counseling if he or she has entered into a written genetic counseling supervision agreement with a qualified supervisor and practices under qualified supervision at all times. The board shall promulgate rules for legislative approval governing direct supervision of a person holding an ACS permit.
(g) The board shall issue a certificate to each person who is approved for supervised genetic counseling practice under this article.
(a) A license issued by the board shall expire on June 30 of odd-numbered years unless sooner suspended, revoked, or surrendered.
(b) A licensee shall renew by submitting:
(1) A complete renewal application;
(2) The renewal fee;
(3) Evidence that the renewal applicant is currently certified as a genetic counselor by the ABGC or ABMG or as a medical geneticist by the ABMG; and
(4) Evidence that the renewal candidate has completed 30 hours of continuing education as approved by the board within the preceding two-year period.
(c) If a licensee fails to timely renew his or her license, then the license automatically expires.
(d) A person who applies for initial licensure shall be exempt from the continuing education requirements for the biennial renewal period following initial licensure.
(e) The board may waive all or a portion of the continuing education requirement for biennial renewal for a licensee who shows to the satisfaction of the board that the licensee was unable to complete the requirements due to serious illness, military services, or other demonstrated hardship.
(f) Continuing education programs and providers shall be approved by the board in accordance with standards and criteria established in legislative rule, along with criteria and process for seeking a waiver of the continuing education requirement due to illness, military service, or demonstrated hardship.
(g) If a license automatically expires and reinstatement is sought within one year of the automatic expiration, then an applicant shall submit:
(1) A complete reinstatement application;
(2) The applicable fees as set forth in legislative rule;
(3) Evidence that the reinstatement applicant is currently certified as a genetic counselor by the ABGC or ABMG or as a medical geneticist by the ABMG; and
(4) Evidence that the reinstatement applicant has completed all applicable continuing education requirements for the biennial renewal period preceding the reinstatement application.
(h) If a license automatically expires and more than one year has passed since the automatic expiration, then the individual shall apply for a new license.
(a) A genetic counselor's scope of practice includes the following:
(1) Obtaining and evaluating individual patient and patient family member medical histories to determine the genetic risk for genetic or medical conditions and diseases in a patient, his or her offspring, and other family members;
(2) Discussing with a patient and the patient's family the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk factors for genetic or medical conditions and diseases.
(3) Identifying, ordering, and coordinating genetic laboratory tests and other diagnostic studies as appropriate for genetic assessment, consistent with practice-based competencies provided by ACGC;
(4) Integrating genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic or medical conditions and diseases.
(5) Explaining to a patient and the patient's family the clinical implications of genetic laboratory tests and other diagnostic studies and their results;
(6) Evaluating the patient’s or family's responses to the condition or risk of recurrence and providing patient-centered counseling and anticipatory guidance;
(7) Identifying and utilizing community resources that provide medical, educational, financial, and psychosocial support and advocacy; and
(8) Providing written documentation of medical, genetic, and counseling information to patients, their families, and health care professionals;
(b) Genetic counseling does not include diagnosis or treatment and when, in the course of providing genetic counseling services to a client, a genetic counselor finds any indication of a disease or condition that requires diagnosis and treatment, the genetic counselor shall refer the client to a licensed physician or appropriate licensed health care provider.
(c) A genetic counselor may provide telehealth services. The board shall promulgate a rule for legislative approval establishing the standard of care for the provision of genetic counseling via telehealth.
(d) Nothing in this article shall be construed to permit a genetic counselor to diagnose, test, or treat any disease or condition.
(e) In the course of his or her professional practice, a genetic counselor may not recommend that an expectant mother obtain an elective abortion.
(f) Not withstanding any other provision of this code to the contrary, and to the degree permitted by federal law, genetic counselors shall be considered providers and shall not be reimbursed at rates lower than other providers who render similar genetic counseling services by health insurers as well as health plans operated or paid for by the state.
(a) The board may receive or initiate complaints, conduct investigations, and conduct hearings to determine whether a violation of this article or any rule has occurred.
(b) All hearings and procedures related to denial of a license, and all complaints, investigations, hearings, and procedures regarding a genetic counselor license and/or an ACS permit and the discipline accorded thereto, shall be in accordance with the processes and procedures set forth in §30-3-1 et seq. and the board's rules.
(c) Information received by the board pursuant to an investigation is confidential and not subject to discovery in any civil action.
(d) The board may deny an application for a license or other authorization to practice genetic counseling in this state and may discipline a genetic counselor or ACS permittee otherwise lawfully practicing in this state who, after a hearing, has been adjudged by the board as unqualified due to any of the following reasons:
(1) Made a material misstatement in an application for a license, or for license renewal or reinstatement, or knowingly presented or caused to be made or presented any false, fraudulent, or forged statement, writing, certificate, diploma, or other document relating to an application for licensure;
(2) Interfered with an investigation or disciplinary proceeding by using threats, harassment, or intentional misrepresentation of facts;
(3) Been convicted of an offense the circumstance of which bear a rational nexus to the practice of genetic counseling;
(4) Been adjudicated mentally incompetent by a court;
(5) Developed a physical or mental disability or other condition that presents a danger in continuing to practice genetic counseling to patients, the public, or other health care personnel,
(6) Practiced or assisted in the practice of genetic counseling while the individual's ability to practice was impaired by alcohol or other drugs or the individual was otherwise mentally or physically unable to practice with reasonable skill and safety to patients, the public, or other health care personnel;
(7) Knowingly made or caused to be made or aided or abetted in the making of a false statement in any document executed in connection with the practice of genetic counseling;
(8) Advertised in a manner that is false, deceptive, or misleading;
(9) Aided, assisted, or abetted the unlawful practice of genetic counseling;
(10) Willfully violated a confidential communication;
(11) Performed the services of a genetic counselor in an unprofessional, incompetent, or grossly or chronically negligent manner;
(12) Been removed, suspended, expelled, or placed on probation by any health care facility or professional society for unprofessional conduct, incompetence, negligence, or violation of any provision of the code of ethics set forth in the board's legislative rules;
(13) Exceeded the scope of practice for which the genetic counselor is licensed or permitted to practice by the board;
(14) Engaged in unprofessional or unethical conduct in violation of the code of ethics established by rule for legislative approval;
(15) Engaged in conduct while practicing genetic counseling that evidences a lack of knowledge or ability to apply professional principles or skills;
(16) Violated this article or any rule promulgated hereunder;
(17) Violated any term of probation or other discipline imposed by the board; or
(18) Failed to complete the required number of hours of approved continuing education.
(e) Whenever it finds any person unqualified because of any of the grounds set forth in §30-3G-7(b) of this code, the board may enter an order imposing one or more of the following:
(1) Deny his or her application;
(2) Administer a public reprimand;
(3) Suspend, limit, or restrict his or her authorization to practice for up to five years;
(4) Revoke his or her license or other authorization to practice genetic counseling for any period of time that the board may find to be reasonable and necessary according to evidence presented in a hearing before the board or its designee;
(5) Require him or her to submit to care, counseling, or treatment designated by the board as a condition for initial or continued licensure or renewal of licensure or other authorization to practice genetic counseling;
(6) Require him or her to participate in a program of education prescribed by the board;
(7) Require him or her to practice under the supervision of a qualified supervisor designated or approved by the board for a specified period of time; and
(8) Assess a civil fine of no more than $10,000.
(f) The board shall automatically terminate the license of a genetic counselor who has failed to maintain certification with the ABGC or ABMG or whose certification with either certifying board has been revoked.
(g) A genetic counselor may voluntarily surrender his or her license to the board, which may refuse to accept the surrender if the board has received allegations of unprofessional conduct against the genetic counselor. The board may negotiate stipulations in consideration for accepting the surrender of the license.
(h) The board may restore a license that has been voluntarily surrendered under this section on such terms and conditions as it considers appropriate.
(i) The board may report final disciplinary action taken against a genetic counselor to any national database that includes information about disciplinary action taken against health care professionals;
(j) The board may share any information it receives pursuant to an investigation, including patient records and patient record information, with law enforcement agencies, other licensing boards, and other governmental agencies that are prosecuting, adjudicating, or investigating alleged violations of statutes or administrative rules. An agency or board that receives the information shall comply with the same requirements regarding confidentiality as those with which the board must comply.
If the board has any reason to believe that any person is violating this article or any rule promulgated under this article, and in addition to the complaint, investigation, and hearing processes set forth herein and in §30-3-1 et seq. of this code, the board or the attorney general may bring action in the name and on behalf of the board to enjoin the person from the violation and seek any other remedies available.
(a) A health care facility shall report, in writing, to the board within 60 days after the completion of the facility's formal disciplinary procedure or after the commencement and conclusion of any resulting legal action against a licensee.
(b) The report shall include:
(1) The name of the genetic counselor practicing in the facility whose ability to practice as a genetic counselor was revoked, restricted, reduced, or terminated for any cause including resignation;
(2) All pertinent information relating to the action; and
(3) The formal disciplinary action taken against the genetic counselor by the facility relating to professional ethics, professional incompetence, professional malpractice, or drug or alcohol abuse.
(c) A health care facility does not need to report temporary suspensions for failure to maintain records on a timely basis or for related, minor administrative matters.
It is unlawful for any genetic counselor or ACS permittee to represent to any person that he or she is a licensed physician. A person who violates this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than two years, or be fined not more than $2,000, or both fined and imprisoned.
(a) The West Virginia Board of Osteopathy is continued and effective July 1, 2012, shall be known as the West Virginia Board of Osteopathic Medicine. The members of the board shall continue to serve until a successor is appointed and may be reappointed.
(b) The Governor shall appoint, by and with advice and consent of the Senate, two additional members and stagger their initial terms:
(1) One person who is a licensed osteopathic physician or surgeon; and
(2) One person who is a licensed osteopathic physician assistant.
(c) The board consists of the following seven members, who are appointed to staggered terms by the Governor with the advice and consent of the Senate:
(1) Four licensed osteopathic physicians and surgeons;
(2) One licensed osteopathic physician assistant; and
(3) Two citizen members, who are not associated with the practice of osteopathic medicine.
(d) After the initial appointment, a board member's term shall be for five years.
(e) The West Virginia Osteopathic Medical Association may submit recommendations to the Governor for the appointment of an osteopathic physician board member, and the West Virginia Association of Physician Assistants may submit recommendations to the Governor for the appointment of an osteopathic physician assistant board member.
(f) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for a period of not less than five years immediately preceding the appointment.
(g) Each member of the board must be a U.S. citizen and a resident of this state for a period of not less than five years immediately preceding the appointment and while serving as a member of the board.
(h) A member may not serve more than three consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified.
(a) The West Virginia Board of Osteopathic Medicine shall terminate effective December 31, 2024, and shall be transferred to and combined with the West Virginia Board of Medicine to be known as the West Virginia Board of Medicine, which is codified in §30-3-1 et seq. of this code.
(b) The provisions of §30-14-1 et seq. of this code shall become null and void and unenforceable as of January 1, 2025, with the exception that the provisions of this section and in §30-14-19 of this code, shall remain in effect until the obligations, duties and transfers required by these sections are fully satisfied and in effect.
(c) As of January 1, 2025, all monies, employees, and assets of the West Virginia Board of Osteopathic Medicine codified at §30-14-1 et seq. of this code are transferred to the West Virginia Board of Medicine, pursuant to the provision of §30-3-1 et seq. of this code.
(d) The special revenue fund as expended by the West Virginia Board of Osteopathic Medicine pursuant to the authority granted under previous enactments of this article shall expire December 31, 2024, and all such remaining funds shall transfer to the special revenue account of the West Virginia Board of Medicine, pursuant to the provisions of §30-3-1 et seq. of this code.
(e) The West Virginia Board of Osteopathic Medicine rules in effect and not in conflict with §30-3-1 et seq. of this code shall remain in effect until they are amended, replaced, or rescinded by the West Virginia Board of Medicine.
(f) As of January 1, 2025, any reference in this code to the West Virginia Board of Osteopathic Medicine shall be to and shall refer to the West Virginia Board of Medicine.
(a) Notwithstanding any provision of this code to the contrary, effective January 1, 2025, the West Virginia Board of Osteopathic Medicine shall transfer to the West Virginia Board of Medicine any and all remaining functions of the West Virginia Board of Osteopathic Medicine.
(b) The West Virginia Board of Osteopathic Medicine shall, in consultation with the West Virginia Board of Medicine, develop and implement a transition plan to transfer all of its remaining functions to the West Virginia Board of Medicine. The plan shall be submitted to the Joint Committee on Government and Finance, the Governor, the Secretary of State, the West Virginia Board of Medicine, the Secretary of the Department of Administration, and the Division of Personnel. This plan shall be submitted no later than July 1, 2024. The plan shall include the following:
(1) Transition to appropriate entities or destruction of hard and electronic copies of files;
(2) Transfer of all licensure matters pending as of December 31, 2024, to the West Virginia Board of Medicine;
(3) Transfer of all complaints, investigations, administrative hearings, appeal processes and other regulatory matters pending December 31, 2024, to the West Virginia Board of Medicine;
(4) Transfer of access and ownership of all electronic data of the Board of Osteopathy to the West Virginia Board of Medicine;
(5) In consultation with the Department of Administration, discontinuance of the current building including termination of any lease or rental agreement, if necessary;
(6) In consultation with the Department of Administration, disposition of all state owned or leased office furniture and equipment, including any state-owned vehicles, if necessary;
(7) Closing out and transferring existing budget allocations;
(8) A transition plan developed in conjunction with the Division of Personnel for remaining employees not transferred to other offices within state government;
(c) The transition plan shall be fully implemented by December 31, 2024.
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