ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4601
(By Delegates Beane, Johnson, Trump, Fantasia,
Ennis, Facemyer and L. White)
[Passed March 14, 1998; in effect ninety days from passage.]
AN ACT to amend and reenact article sixteen, chapter thirty of
the code of West Virginia, one thousand nine hundred thirty- one, as amended, relating generally to revising the law
regulating the practice of chiropractic; legislative purpose
and policy; licensure and exceptions to licensure; revising
definitions; composition of and appointment to board;
removal from board; training program for new board members;
compensation; powers and duties of board; legislative rules;
licensure requirements and application; examination and
certificates of license; disqualification from practice;
licensing of foreign graduates; licensure by endorsement;
temporary and restricted licensure; licensing chiropractors
from other states; fees; disciplinary actions;
confidentiality of disciplinary proceedings; providing for
civil and criminal penalties; determination and treatment of
impairment; qualified immunity; enforcement of article;
renewal and reinstatement; continuing education; reporting of felony convictions to board; minimum educational
requirements for spinal manipulation; use of procedures and
instruments; chiropractic assistants; expert testimony; use
of physiotherapeutic and electrodiagnostic devices;
specialty practice; setting forth certain illegal acts and
providing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That article sixteen, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty one, as amended, be
amended and reenacted to read as follows:
ARTICLE 16. CHIROPRACTORS.
§30-16-1. Purpose and legislative intent.
It is declared to be a policy of this state that the
practice of chiropractic is a privilege granted to qualified
persons and that, in order to safeguard the public health, safety
and welfare, protect the public from the unprofessional,
improper, incompetent and unlawful practice of chiropractic, it
is necessary to provide regulatory authority over persons
practicing chiropractic. The primary responsibility and
obligation of the West Virginia board of chiropractic is to
protect the public.
§30-16-2. License required; exceptions.
(a) No person may practice or offer to practice, in this
state, chiropractic without a license issued by the West Virginia
board of chiropractic. A certificate or license issued under the
laws of this state, authorizing its holder to practice chiropractic, before the effective date of this article is not
affected by the enactment of this article, except that the holder
of a certificate of license issued prior to the effective date
of this article is subject to all the provisions of this article
respecting the requirements and obligations prescribed for the
continuance in force of the certificate of license.
(b) This article does not prohibit:
(1) Students from engaging in training in a chiropractic
school accredited by the counsel on chiropractic education or its
successor;
(2) Licensed chiropractors from providing service in cases
of emergency where no fee or other consideration is contemplated,
charged or received;
(3) Commissioned chiropractic officers of the armed forces
of the United States and chiropractic officers of the United
States public health service or the veterans' administration of
the United States from discharging their official duties, except:
(A) Those officers who hold chiropractic licenses in the
state are subject to the provisions of this article; and
(B) Those officers shall be fully licensed to practice
chiropractic in one or more jurisdictions of the United States;
(4) Individuals from practicing the tenets of a religion or
administering to the sick or suffering by mental or spiritual
means in accord with the tenets. This provision does not exempt
these individuals from the public health laws of the state or
federal government; or
(5) A person from administering a lawful domestic or family
remedy to a member of his or her own family.
§30-16-3. Definitions.
The following words, unless the context clearly indicates
otherwise, have the meaning ascribed to them in this section:
(1) "Board" means the West Virginia board of chiropractic;
(2) "Chiropractor" means a practitioner of chiropractic;
(3) "Chiropractic services" means those health care services
provided within the scope of chiropractic practice as defined by
this article and by chiropractors licensed by the board;
(4) "Chiropractic" is the science and art which utilizes the
inherent recuperative powers of the body and the relationship
between the neuromusculoskeletal structures and functions of the
body, particularly of the spinal column and the nervous system,
in the restoration and maintenance of health. The use of the
designation doctor of chiropractic, chiropractor, chiropractic
physician or D.C., is the practice of chiropractic.
The practice of chiropractic also includes the examination
and assessment of members of the public that are not patients of
the examining chiropractor. Further, the practice of
chiropractic includes the review of information relating to the
duration and necessity of chiropractic care that affects the
course of care, the treatment plan or payment and reimbursement
concerning chiropractic patients residing within the state of
West Virginia.
The practices and procedures which may be employed by doctors of chiropractic are based on the academic and clinical
training received in and through chiropractic colleges accredited
by the council of chiropractic education or its successors and as
determined by the board. These include the use of diagnostic,
analytical and therapeutic procedures specifically including the
adjustment and manipulation of the articulations and adjacent
tissues of the human body, particularly of the spinal column,
including the treatment of intersegmental disorders. Patient
care and management is conducted with due regard for
environmental and nutritional factors, as well as first aid,
hygiene, sanitation, rehabilitation and physiological therapeutic
procedures designed to assist in the restoration and maintenance
of neurological integrity and homeostatic balance;
(5) "Spinal manipulation" and "spinal adjustment" are
interchangeable terms that identify a method of skillful and
beneficial treatment where a person uses direct thrust or
leverage to move a joint of the patient's spine beyond its normal
range of motion, but without exceeding the limits of anatomical
integrity.
§30-16-4. West Virginia board of chiropractic; establishment and
composition.
(a) The board known as the "West Virginia board of
chiropractic" is continued. It is composed of the director of
health, ex officio, three licensed chiropractors and one person
to represent the interest of the public. All shall be appointed
by the governor, by and with the advice and consent of the Senate from a list of three names recommended by the West Virginia
chiropractic society, incorporated. Each chiropractic member of
the board shall have been a resident of and engaged in the active
practice of chiropractic in the state for a period of at least
five years preceding his or her appointment.
(b) On the first day of July, one thousand nine hundred
ninety-eight, there shall be appointed, as provided in this
section, one chiropractic member for a three-year term. As
existing chiropractic board members' terms expire, newly
appointed chiropractic board members shall be appointed for a
term of office of three years. No member may serve more than two
full consecutive three-year terms. When a vacancy in the
membership of the board occurs for any cause other than the
expiration of a term, the governor shall appoint from a list of
three names recommended by West Virginia chiropractic society,
incorporated, a successor as a member of the board to fill the
unexpired portion of the term of office of the member whose
office has been vacated.
(c) The governor may remove any member of the board in case
of incompetency, neglect of duty, gross immorality or malfeasance
in office.
(d) The board shall conduct a training program to be held
annually to familiarize new board members with their duties. (e) Each member of the board shall receive an amount not to
exceed the same compensation as is paid to members of the
Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by
law for each day or substantial portion thereof that he or she is
engaged in the work of the board or of its committees, and shall
be reimbursed for all actual and necessary expenses incurred in
carrying out his or her duties.
§30-16-5. Powers and duties of the board.
(a) The board shall:
(1) Administer, coordinate and enforce the provisions of
this article, evaluate the qualifications of applicants,
supervise the examination of applicants, issue or deny original
or endorsement licenses;
(2) Investigate allegations of violations of this article
and impose penalties if violations of this article have occurred;
(3) Propose rules for legislative approval in accordance
with the provisions of article three, chapter twenty-nine-a of
this code, which shall after adoption govern and control the
professional conduct of every person who holds a license to
practice chiropractic in this state, and which shall include, but
not be limited to, rules that:
(A) Delineate qualifications for licensure, including
qualifications for practice in specialties;
(B) Specify requirements for the renewal of licensure;
(C) Set forth procedures for licensure of chiropractors; (D) Establish a fee schedule for the amount and payment of
all fees and charges;
(E) Establish standards of professional conduct;
(F) Establish procedures for disciplinary actions and
complaint resolutions; and
(G) Provide for duties of board members;
(4) Evaluate the professional education and training of
applicants for licensure and licensure renewal;
(5) Evaluate the previous professional performance of
applicants for licensure and licensure renewal;
(6) Accept or deny applications for license renewal;
(7) Establish appropriate fees and charges to support the
active and effective pursuit of its legal responsibilities;
(8) Employ personnel as determined by its needs and budget;
(9) Request legal advice and assistance, as needed, from the
attorney general;
(10) Enter into contracts necessary to carry out its
responsibilities under this article, including contracts for
professional services that may include investigation, financing
or legal services;
(11) Develop and adopt a budget; and
(12) Communicate disciplinary actions to relevant state and
federal authorities and to other state chiropractic licensing
authorities.
§30-16-6. Application for license; requirements for licensure.
(a) Any person wanting to practice chiropractic in this
state shall apply to the board for license to practice and shall
provide the board and attest to the following information and
documentation in a manner required by the board:
(1) His or her full name, and any other name ever used,
current address, social security number and date and place of
birth;
(2) A recent signed photograph and sample of handwriting;
(3) Originals of all documents and credentials required by
the board or notarized photocopies of other verification
acceptable to the board;
(4) A list of all jurisdictions, United States or foreign,
in which the applicant is licensed or has applied for licensure
to practice chiropractic or is authorized or has applied for
authorization to practice chiropractic;
(5) A list of all jurisdictions, United States or foreign,
in which the applicant has been denied licensure or authorization
to practice chiropractic or has voluntarily surrendered a license
or an authorization to practice chiropractic;
(6) A list of all sanctions, judgments, awards, settlements
or convictions against the applicant in any jurisdiction, United
States or foreign, that would constitute grounds for disciplinary
action under this article or the board's rules;
(7) A detailed educational history, including places,
institutions, dates and program descriptions, of all his or her
education beginning with secondary schooling including all
college, preprofessional, professional and professional graduate
education; and
(8) Any other information or documentation the board may
later determine necessary and as adopted by reasonable rules in accordance with the provisions of article three, chapter twenty- nine-a of this code.
(b) Each applicant shall establish to the board that the
applicant:
(1) Is eighteen years of age or older;
(2) Is of good moral character;
(3) Is a graduate of an accredited high school giving a
four-year course or has an education equivalent to the same;
(4) Has attended for at least two academic years, consisting
of no less than sixty semester hours, an accredited academic
college or university and that after the first day of July, two
thousand five, the applicant has obtained a bachelor's degree
consisting of no less than one hundred twenty-eight semester
hours from an accredited academic college or university, with a
minimum of sixty hours in basic sciences mandated by the council
on chiropractic education;
(5) Is a holder of the degree of doctor of chiropractic from
and a graduate of a chiropractic college or school located in the
United States, its territories or possessions which was approved
by the council on chiropractic education or its successor at the
time the degree was conferred or that the applicant is the holder
of a degree of doctor of chiropractic from college of a foreign
country that the board determines is acceptable as set forth in
section eight;
(6) Has passed the national board of chiropractic licensing
examination Parts I, II, III and IV, satisfactory to the board and any other examination, test or procedure determined necessary
by the board;
(7) Has demonstrated familiarity with the statutes and rules
of the jurisdiction relating to the practice of chiropractic and
acknowledges in writing that he or she has read and understands
this article and the current rules relating to the practice of
chiropractic in West Virginia;
(8) Is physically, mentally and professionally capable of
practicing chiropractic in a manner acceptable to the board and
submits to a physical, mental or professional competency
examination or a drug dependency evaluation considered necessary
by the board; and
(9) Has paid all fees and completed and attested to the
accuracy of all application and information forms required by the
board.
(c) The applicant is responsible for verifying to the
satisfaction of the board, the validity of all credentials
required for his or her chiropractic licensure. The board shall
review and verify chiropractic credentials and screen applicant
records through recognized national chiropractic physician
information services and data banks.
§30-16-7. Examination; certificates of license.
(a) No person may receive a license to practice chiropractic
unless he or she successfully completes the national board of
chiropractic examination Parts I, II, III and IV and an oral
examination administered by the board covering jurisprudence. Examinations shall be conducted at least two times throughout the
calendar year and the board shall issue certificates of license
to all applicants who successfully pass the examinations. No
license may be issued under this section until the person
applying has paid to the board the prescribed fee.
(b) All applicants are required to attain a minimum passing
score in each national board Parts I, II, III and IV
examinations. All applicants are required to secure an average
grade of seventy percent on the oral examination. If an
applicant does not successfully complete the oral examination, he
or she may retake the oral examination. If a satisfactory score
is not achieved on the second attempt, the applicant shall take
and successfully complete a national special purposes examination
for chiropractic examination before sitting for another oral
examination.
(c) Any individual found by the board to have engaged in
conduct that subverts or attempts to subvert the chiropractic
licensing examination process is, at the discretion of the board,
subject to having the scores on the licensing examination
withheld or declared invalid, being disqualified from the
practice of chiropractic or subjected to other appropriate
sanctions. The federation of chiropractic licensing boards shall
be informed of all such actions. The board shall provide
notification to all applicants of the prohibitions on conduct
that subverts or attempts to subvert the licensing examination
process and of the sanctions imposed for the conduct. A copy of the notification attesting that he or she has read and understood
the notification shall be signed by the applicant and filed with
his or her application.
§30-16-8. Licensing of foreign graduates.
(a) Any person wanting to practice chiropractic in this
state who is a graduate of a chiropractic school located outside
the United States, its territories or possessions, shall
establish to the board that the applicant:
(1) Possesses a degree of doctor of chiropractic or a board
approved equivalent based upon satisfactory completion of
educational programs acceptable to the board;
(2) Is eligible by virtue of his or her chiropractic
education and training for unrestricted licensure or
authorization to practice chiropractic in the country in which he
or she received that education and training;
(3) Has successfully completed all required parts of the
examination conducted by the national board of chiropractic;
(4) Has a demonstrated command of the English language; and
(5) Has satisfied all applicable requirements of the United
States immigration and naturalization service.
(b) All credentials, diplomas and other required
documentation in a foreign language submitted to the board by or
on behalf of an applicant, shall be accompanied by notarized
English translations acceptable to the board.
§30-16-9. Licensure by endorsement; temporary licensure;
restricted licensure.
(a) The board is authorized, in its discretion, to issue a
license by endorsement to an applicant who:
(1) Has complied with all current chiropractic licensing
requirements except for the oral examination;
(2) Has passed a chiropractic licensing examination given in
English in another state, the District of Columbia or a territory
or possession of the United States, that the board determines is
equivalent to its own current examination requirements;
(3) Has a valid current chiropractic license in another
state, the District of Columbia or a territory or possession of
the United States without any past or current disciplinary action
taken upon that license; and
(4) Successfully completes an oral examination administered
by the board covering jurisprudence and clinical competency.
(b) No license may be issued under the provisions of this
section until the person applying has paid to the board the
prescribed fee.
(c) The board is authorized, in its discretion, to issue a
temporary license to visiting chiropractic physicians and
visiting professors for the treatment of individuals involved
with special events to applicants demonstrably qualified for a
full and unrestricted chiropractic license under the requirements
of this article and that hold a current valid license in another
state, territory or possession of the United States or the
District of Columbia without any past or current disciplinary
actions against that license. A temporary license may not be issued under the provisions of this section until the person
applying has paid to the board the prescribed fee.
(d) The board is authorized to issue conditional, restricted
or otherwise circumscribed licenses for a limited and specific
period of time as it determines necessary.
§30-16-10. Licensing chiropractors from other states; fee.
Persons licensed to practice chiropractic under the laws of
any other state, territory or the District of Columbia having
requirements equivalent to those of this article, and extending
like privileges to practitioners of this state, may in the
discretion of the board be licensed to practice in this state
without examination. No license may be issued under the
provisions of this section until the person applying has
completed satisfactorily an oral examination and has paid the fee
required by the board.
§30-16-11. Disciplinary actions.
(a) The board may take disciplinary action against any
licensee or certificate holder holding a license or certificate
issued under this article after giving reasonable notice and an
opportunity to be heard pursuant to the provisions of section
one, article five, chapter twenty-nine-a of this code, when it
finds that any person has engaged in conduct in violation of the
rules adopted by the board, including, but not limited to, the
following:
(1) Fraud or misrepresentation in applying for or procuring
a chiropractic license or in connection with applying for or procuring periodic renewal of a chiropractic license;
(2) Cheating on or attempting to subvert the chiropractic
licensing examination or examinations;
(3) Being found guilty of a crime in any jurisdiction, which
offense is a felony, involves moral turpitude or directly relates
to the practice of chiropractic. Any plea of nolo contendere is
a conviction for the purposes of this subdivision;
(4) Conduct likely to deceive, defraud or harm the public;
(5) Making a false or misleading statement regarding his or
her skill or the efficiency or value of the chiropractic
treatment;
(6) Representing to a patient that an incurable condition,
sickness, disease or injury can be cured;
(7) Willfully or negligently violating the confidentiality
between chiropractic physician and patient except as required by
law;
(8) Negligence in the practice of chiropractic as determined
by the board;
(9) Being found mentally incompetent or insane by any court
of competent jurisdiction;
(10) Being physically or mentally unable to engage safely in
the practice of chiropractic;
(11) Practice or other behavior that demonstrates an
incapacity or incompetence to practice chiropractic;
(12) Use of any false, fraudulent or deceptive statement in
any document connected with the practice of chiropractic;
(13) Practicing chiropractic under a false or assumed name;
(14) Aiding or abetting the practice of chiropractic by an
unlicensed, incompetent or impaired person;
(15) Allowing another person or organization to use his or
her license to practice chiropractic;
(16) Commission of any act of sexual abuse, sexual
misconduct or sexual exploitation related to the licensee's
practice of chiropractic;
(17) Being addicted or habituated to a drug or intoxicant;
(18) Obtaining any fee by fraud, deceit or
misrepresentation;
(19) Employing abusive billing practices;
(20) Directly or indirectly giving or receiving any fee,
commission, rebate or other compensation for professional
services not actually rendered: Provided, That this prohibition
does not preclude the legal functioning of lawful professional
partnerships, corporations or associations;
(21) Disciplinary action of another state or jurisdiction
against a license or other authorization to practice chiropractic
based upon acts or conduct by the licensee similar to acts or
conduct that constitute grounds for action as defined in this
section, a certified copy of the record of the action taken by
the other state or jurisdiction being conclusive evidence
thereof;
(22) Failure to report to the board within thirty days of
any adverse action, disciplinary action, sanctions or punishment taken against him or her by another state licensing board or
licensing jurisdiction, United States or foreign, by a peer
review body, health care institution, professional or
chiropractic society or association, governmental agency,
law-enforcement agency or court for acts or conduct similar to
acts or conduct that constitute grounds for action as defined in
this section;
(23) Failure to report to the board within thirty days of
the surrender of a license or other authorization to practice
chiropractic in another state or jurisdiction or surrender of
membership on any chiropractic staff or in any chiropractic or
professional association or society while under disciplinary
investigation by any of those authorities or bodies for acts or
conduct similar to acts or conduct that constitute grounds for
action as defined in this section;
(24) Any adverse judgment, award or settlement against the
licensee resulting from a chiropractic liability claim related to
acts or conduct similar to acts or conduct that constitute
grounds for action as defined in this section;
(25) Failure to report to the board within thirty days any
adverse judgment, settlement or award arising from a chiropractic
liability claim related to acts or conduct similar to acts or
conduct that constitute grounds for action as defined in this
section;
(26) Failure to transfer or release pertinent and necessary
chiropractic records to another physician in a timely fashion when legally requested to do so by the subject patient or by a
legally designated representative of the subject patient;
(27) Improper management of chiropractic patient records;
(28) Failure to furnish the board, its investigators or
representatives, information legally requested by the board;
(29) Failure to cooperate with a lawful investigation
conducted by the board; or
(30) Violation of any provision of this article or the rules
of the board or of an action, stipulation or agreement with the
board.
(b) Upon a finding of a violation by a chiropractor of one
or more of the grounds for discipline contained in subsection (a)
of this section, the board may impose one or more of the
following penalties:
(1) Revocation of the chiropractic license;
(2) Suspension of the chiropractic license;
(3) Probation;
(4) Stipulations, limitations, restrictions and conditions
relating to practice;
(5) Reprimand;
(6) Monetary redress to another party;
(7) A period of free public or charity service;
(8) Satisfactory completion of an educational, training or
treatment program, or a combination of programs;
(9) Imposition of an administrative penalty, not to exceed
one thousand dollars per day per violation; or
(10) Payment of administrative costs for the disciplinary
action, including, but not limited to, attorney fees,
investigation expenses, hearing examiner fees, witness fees and
cost of monitoring compliance with the board's orders.
(c) The board may issue a confidential letter of concern to
a licensee when, though evidence does not warrant formal
proceedings, the board has noted indications of possible
misconduct of a licensee that could lead to serious consequences
and formal action. In the letter of concern, the board is also
authorized at its discretion to request clarifying information
from the licensee.
(d) The board may require professional competency, physical,
mental or chemical dependency examinations of any applicant or
licensee including withdrawal and laboratory examination of
bodily fluids.
(e) In every disciplinary case considered by the board
pursuant to this article, whether initiated by the board or upon
complaint or information from any person or organization, the
board shall make a preliminary determination whether probable
cause exists to substantiate charges due to any reasons set forth
in this section. If probable cause is not found in the
complaint, all proceedings relating to the complaint and the
response of the licensee or his or her representative shall be
held confidential and may not be made available to the public or
to any other state or federal agency or court. If probable cause
is found to exist, all proceedings on the charges shall be open to the public, who are entitled to all reports, records and non- deliberative materials introduced at the hearing, including the
record of any final action taken: Provided, That any medical
records pertaining to the person who has not waived his or her
right to the confidentiality of the records are not open to the
public. For purposes of the hearing, the board has the power to
subpoena witnesses, documents or any other tangible evidence.
The board may, in its discretion, meet in an informal conference
with the accused licensee who seeks or agrees to the conference.
Disciplinary action taken against a licensee as a result of the
informal conference and agreed to in writing by the board and the
accused licensee is binding and a matter of public record. The
holding of an informal conference does not preclude an open
formal hearing if the board determines it is necessary.
(f) If the board determines that the evidence in its
possession indicates that a chiropractor's continuation in
practice or unrestricted practice constitutes an immediate threat
to the public health and safety or when a licensee is convicted
of a felony, whether or not related to the practice of
chiropractic, the board may seek an injunction in the circuit
court of proper jurisdiction for immediate relief implementing
any of the board's authority provided in this article.
(g) All disciplinary actions taken by the board shall be
reported to the federation of licensing boards, appropriate
federal agencies and any other state boards with which the
disciplined licensee may also be registered or licensed and all the actions, including related findings of fact and conclusions
of law, are matters of public record. Voluntary surrender of and
voluntary limitations on a chiropractic license of any person are
also matters of public record and shall also be reported to the
appropriate agencies.
§30-16-12. Impaired chiropractors.
(a) As contained in this section the term impairment is
defined as the inability of a licensee to practice chiropractic
with reasonable skill and safety by reason of:
(1) Mental illness;
(2) Physical illness, including, but not limited to,
physical deterioration that adversely affects cognitive, motor or
perceptive skills; or
(3) Habitual or excessive use or abuse of drugs defined in
law as controlled substances, of alcohol or other substances that
impair ability.
(b) The board may after a probable cause determination and
hearing require a licensee or applicant to submit to a mental or
physical examination or a chemical dependency evaluation by
physicians designated by the board. The results of the
examination or evaluation are admissible at any hearing before
the board despite any claim of privilege under contrary rule or
statute. Every person who receives a license to practice
chiropractic or files an application for a license to practice
chiropractic thereby consents to submit to a mental or physical
examination or a chemical dependency evaluation and has waived all objections to the admissibility of the results in any hearing
before the board. If a licensee or applicant fails to submit to
an examination or evaluation when properly directed to do so by
the board, the board may enter a final order upon proper notice,
hearing and proof of their refusal.
(c) Upon the determination by the board after examination
and hearing that a licensee is impaired the board shall take one
or more of the following actions:
(1) Direct the licensee to submit to care, counseling or
treatment acceptable to the board;
(2) Suspend, limit or restrict the chiropractic license for
the duration of the impairment; or
(3) Revoke the chiropractic license.
(d) Any licensee or applicant prohibited from practicing
chiropractic under this section, shall at reasonable intervals be
afforded an opportunity to demonstrate to the satisfaction of the
board that he or she can assume or begin the practice of
chiropractic with reasonable skill and safety.
§30-16-13. Protected action, immunity and communication.
(a) There is no monetary liability on the part of, and no
cause of action for damages arising against, any current or
former member, officer, administrator, peer review committee
member, staff member, committee member, examiner, representative,
agent, employee, consultant, witness or any other person serving
or having served the board, either as a part of the board's
operation or as an individual, as a result of any act, omission, proceeding, conduct or decision related to his or her duties
undertaken or performed in good faith and within the scope of the
function of the board.
(b) A current or former member, officer, administrator,
staff member, committee member, examiner, representative, agent,
employee, consultant or any other person serving or having served
the board may request the state to defend him or her against any
claim or action arising out of any act, omission, proceeding,
conduct or decision related to his or her duties undertaken or
performed in good faith and within the scope of the function of
the board.
(c) Every communication made by or on behalf of any person,
institution, agency or organization to the board or to any person
designated by the board relating to an investigation or the
initiation of an investigation, whether by way of report,
complaint or statement, is privileged. No action or proceeding,
civil or criminal, is permitted against the person, institution,
agency or organization by whom or on whose behalf the
communication was made in good faith.
§30-16-14. Enforcement.
(a) The board shall enforce the provisions of this article
and the rules adopted under this article. If any person refuses
to obey any decision or order of the board, the board or, upon
the request of the board, the attorney general or the appropriate
prosecuting attorney, may file an action for the enforcement of
the decision or order, including injunctive relief, in the circuit court of the county of residence of the person. After
due hearing, the court shall order the enforcement of the
decision or order, or any part thereof, if legally and properly
made by the board and where appropriate, injunctive relief. The
board is authorized to issue a cease and desist order to restrain
any person or any corporation or association and its officers and
directors from violating the provisions of this article.
(b) Each of the following acts is a misdemeanor, punishable
upon conviction by a fine of not less than five hundred dollars
nor more than maximum allowed by state law, or by confinement in
a county or regional jail for not less than thirty days nor more
than one year, or both, in the discretion of the court:
(1) The obtaining of or attempt to obtain a license by the
use of fraud, deceit or willful misrepresentation;
(2) The practice or attempting to practice as a chiropractor
without a license granted under the provisions of this article,
or practicing or attempting to practice while the license is
suspended or after the license has been revoked;
(3) The use of any title to induce belief that the use of
the title is engaged in the practice of chiropractic, if the use
of the title has not fully complied with the provisions of this
article;
(4) The buying, selling or fraudulent procurement of any
diploma of, or license to practice chiropractic; and
(5) The violation of any provision of this article
regulating the practice of chiropractors.
(c) Each day any person violates a provision of this article
is a separate and distinct offense.
§30-16-15. Annual renewal; failure to renew; reinstatement
.
(a) All holders of certificates of license to practice
chiropractic in this state shall renew them annually on or before
the first day of July of each year by:
(1) Paying the board an annual renewal fee in an amount
determined by the board;
(2) Returning the renewal application form with all required
information complete and accurate; and
(3) Presenting to the board evidence of completion of at
least eighteen hours of continuing education each year of which
up to six hours may be mandated in special subjects by the board.
(b) The board shall propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code, establishing all additional
continuing education requirements and all criteria for
fulfillment of the continuing education requirements.
(c) The board shall notify each certificate holder by mail,
at least thirty days prior to the first day of July of each year,
of the necessity of renewing his or her certificate. Failure to
renew a certificate of license to practice chiropractic operates
as an automatic suspension of the rights and privileges granted
by its issuance.
(d) A certificate or license suspended by a failure to make
the required annual renewal may be reinstated by the board, except as provided in subsection (e) of this section, upon:
(1) Presentation of evidence of completion of the required
hours of continuing education for each year the license has been
suspended; and
(2) Payment of all fees that would have been paid if the
certificate holder had maintained the certificate in good
standing and the payment to the board of a reinstatement fee in
an amount to be determined by the board.
(e) No certificate may be reinstated after a lapse of two
years. After a lapse of two years, a license may be issued only
after the former certificate holder, subsequent to the lapse,
has fulfilled all other requirements of licensure as set forth in
section six of this article and has passed the national special
purposes examination for chiropractic examination.
§30-16-16. Initiation of suspension or revocation proceedings
allowed and required; reporting of information to board pertaining to professional malpractice and professional incompetence required; penalties.
(a) The board may independently initiate suspension or
revocation proceedings as well as initiate suspension or
revocation proceedings based on information received from any
person. The board shall initiate investigations as to
professional incompetence or other reasons for which a licensed
chiropractor may be adjudged unqualified if the board receives
notice that five or more judgments or settlements arising from
professional liability have been rendered or made against the chiropractor.
(b) Upon request of the board, any peer review committee in
this state shall report any information that may relate to the
practice or performance of any chiropractor known to that peer
review committee. Copies of the requests for information from a
peer review committee may be provided to the subject chiropractor
if, in the discretion of the board, the provision of the copies
does not jeopardize the board's investigation. In the event that
copies are provided, the subject chiropractor is allowed fifteen
days to comment on the requested information and the comments
shall be considered by the board.
(c) After the completion of a hospital's formal disciplinary
procedure and after any resulting legal action, the chief
executive officer of the hospital shall report in writing to the
board within sixty days the name of any chiropractor who is a
member of the staff or any other chiropractor practicing in the
hospital whose hospital privileges have been revoked, restricted,
reduced or terminated for any cause, including resignation,
together with all pertinent information relating to the action.
The chief executive officer shall also report any other formal
disciplinary action taken against any chiropractor by the
hospital upon the recommendation of its professional staff
relating to professional ethics, medical incompetence, medical
malpractice, moral turpitude or drug or alcohol abuse. Temporary
suspension for failure to maintain records on a timely basis or
failure to attend staff or section meetings need not be reported.
(d) Any professional society in this state comprised
primarily of chiropractors which takes any form of disciplinary
action against a member relating to professional ethics,
professional incompetence, professional malpractice, moral
turpitude or drug or alcohol abuse, shall report in writing to
the board within sixty days of a final decision the name of the
member, together with all pertinent information relating to the
action.
(e) Every person, partnership, corporation, association,
insurance company, professional society or other organization
providing professional liability insurance to a chiropractor in
this state shall submit to the board the following information
within thirty days from any judgment, dismissal or settlement of
a civil action or of any claim involving the insured:
(1) The date of any judgment, dismissal or settlement; (2) Whether any appeal has been taken on the judgment, and
if so, by which party;
(3) The amount of any settlement or judgment against the
insured; and
(4) Other information the board requires.
(f) Within thirty days after a person known to be a
chiropractor licensed or otherwise lawfully practicing
chiropractic in this state or applying to be so licensed is
convicted of a felony under the laws of this state involving
alcohol or drugs in any way, including any controlled substance
under state or federal law, the clerk of the court of record in which the conviction was entered shall forward to the board a
certified true and correct abstract of the record of the
convicting court. The abstract shall include the name and
address of the chiropractor or applicant, the nature of the
offense committed and the final judgment and sentence of the
court.
(g) Upon a determination of the board that there is probable
cause to believe that any person, partnership, corporation,
association, insurance company, professional society or other
organization has failed or refused to make a report required by
this subsection, the board shall provide written notice to the
alleged violator stating the nature of the alleged violation and
the time and place at which the alleged violator shall appear to
show good cause why a civil penalty should not be imposed. The
hearing shall be conducted in accordance with the provisions of
article five, chapter twenty-nine-a of this code. After
reviewing the record of the hearing, if the board determines that
a violation of this subsection has occurred, the board shall
assess a civil penalty of not less than one thousand dollars nor
more than ten thousand dollars against the violator. Anyone so
assessed shall be notified of the assessment in writing and the
notice shall specify the reasons for the assessment. If the
violator fails to pay the amount of the assessment to the board
within thirty days, the attorney general may institute a civil
action in the circuit court of Kanawha County to recover the
amount of the assessment. In any such civil action, the court's review of the board's action shall be conducted in accordance
with the provisions of section four, article five, chapter
twenty-nine-a of this code.
(h) Any person may report to the board relevant facts about
the conduct of any chiropractor in this state which in the
opinion of the person amounts to professional malpractice or
professional incompetence.
(i) The board shall provide forms for filing reports
pursuant to this section. Reports submitted in other forms
including verbal report shall be accepted by the board.
(j) The filing of a report with the board pursuant to any
provision of this article, any investigation by the board or any
disposition of a case by the board does not preclude any action
by a hospital, other health care facility or professional society
comprised primarily of chiropractors to suspend, restrict or
revoke the privileges or membership of the chiropractor.
§30-16-17. Who may practice chiropractic; title of chiropractor;
minimum education required for spinal manipulation.
(a) No person licensed under chapter thirty of this code may
perform or authorize a spinal manipulation or spinal adjustment
without having first received a minimum of four hundred hours of
classroom instruction in spinal manipulation or spinal adjustment
and a minimum of eight hundred hours of supervised clinical
training at a facility where spinal manipulation or spinal
adjustment is a primary method of treatment. Violation of this
section is an unlawful practice of chiropractic and is grounds for the offending health care provider's licensing board to
suspend, revoke or refuse to renew provider's license or take any
other disciplinary action allowed by law.
(b) Every chiropractor who has complied with the provisions
of this article is entitled to practice chiropractic in this
state. The title of chiropractor shall be doctor of chiropractic
and is designated by the letters "D.C." The titles "D.C.,"
doctor of chiropractic, chiropractor, chiropractic physician are
interpreted as the same.
§30-16-18. Scope of practice; chiropractic assistants; expert
testimony.
(a) Any chiropractor who has complied with the provisions of
this article may use any instrument or procedure, for the purpose
of diagnosis and analysis of disease or abnormalities: Provided,
That the person is trained to perform the procedures and use the
instruments through a chiropractic college approved by the
counsel on chiropractic education or its successor. Any
chiropractor properly qualified under this article may engage in
the use of physiotherapeutic devices, physiotherapeutic
modalities, physical therapy and physical therapy techniques.
Licensed chiropractors may also employ properly trained
chiropractic assistants to perform duties under supervision that
are generally conducted by chiropractic assistants which are not
otherwise prohibited by the board. The board shall propose and
promulgate rules in accordance with the provisions governing
legislative rules, contained in article three, chapter twenty-nine-a of this code governing chiropractic assistants, including,
but not limited to, minimum qualifications, scope of practice,
and supervision requirements. A licensed chiropractor may not
engage in conduct outside this scope and beyond his or her
training and knowledge.
(b) A doctor of chiropractic duly licensed under this
article is presumed to be competent to testify before the circuit
courts of this state or in any other state administrative
proceeding as an expert witness.
§30-16-19. Duty of chiropractor to observe health rules;
reports of health officer and local registrar of
vital statistics.
Doctors of chiropractic shall observe and are subject to all
state and municipal rules in regard to the control of infectious
diseases, and to any and all other matters pertaining to public
health. They shall report to the public health officer in the
manner required by law. It is the duty of each doctor of
chiropractic in this state to report to the registrar of vital
statistics of his or her magisterial district, within ten days of
its occurrence, any death which may come under his or her
supervision, with a certificate of the cause of death and
correlative facts as may be at that time required by the
division of health.
§30-16-20. Use of physiotherapeutic devices; electrodiagnostic
devices; specialty practice.
(a) No chiropractor may use any physiotherapeutic devices or electrodiagnostic devices in practice until he or she has
certified to the board that he or she has completed at least the
minimum classroom hours required for certification in the use of
these procedures in classes sponsored by or conducted by a
chiropractic college approved by the council of chiropractic
education or its successor.
(b) Electrodiagnostic devices include, but are not limited
to, the following: Videofluoroscopy and diagnostic ultrasound,
including needle and surface electromyography, nerve conduction
velocity studies, somatosensory testing and neuromuscular
junction testing. The board may designate other devices as
electrodiagnostic devices covered by this section by rule.
(c) As contained in this section, the term "specialty"
includes, but is not limited to, orthopedics, neurology,
chiropractic sports physician, radiology, pediatrics, nutrition,
rehabilitation, acupuncture, chiropractic internist, behavioral
health, diagnostic imagining and physiotherapeutics. No
chiropractor is permitted to practice in a specialty in the
chiropractic field or hold himself or herself out as being a
specialist in the chiropractic field until the licensee has
successfully completed a certified program in that specialty at
a chiropractic college approved by the council on chiropractic
education or its successor and approved by the board. The
program shall consist of a minimum number of hours to be
determined by the board. Successful completion of the final
certification exam is required.
§30-16-21. Chiropractic corporations.
(a) One or more individuals, each of whom is licensed to
practice chiropractic within this state may organize and become
a shareholder or shareholders of a chiropractic corporation.
Individuals who may be practicing chiropractic as an organization
created otherwise than pursuant to the provisions of this section
may incorporate under and pursuant to this section. This section
is not intended to amend the statutory or common law as it
relates to associations or partnerships, except to allow
partnerships of chiropractors to organize as a chiropractic
corporation.
(b) A chiropractic corporation may render professional
service only through officers, employees and agents who are
themselves duly licensed to render chiropractic service within
this state. The term "employee" or "agent" as used in this
section, does not include secretaries, clerks, typists,
paraprofessional personnel or other individuals who are not
usually and ordinarily considered by custom and practice to be
rendering chiropractic services for which a license is required.
(c) This section does not modify the law as it relates to the
relationship between a person furnishing chiropractic services
and his or her client, nor does it modify the law as it relates
to liability arising out of the professional service
relationship. Except for permitting chiropractic corporations
this section is not intended to modify any legal requirement or
court rule relating to ethical standards of conduct required of persons providing chiropractic services.
(d) A chiropractic corporation may issue its capital stock
only to persons who are duly licensed by the board.
(e) When not inconsistent with this section, the organization
and procedures of chiropractic corporations shall conform to the
requirements of article one, chapter thirty-one of this code.
§30-16-22. Offenses; penalties.
(a) Each of the following acts shall constitute a
misdemeanor, punishable upon conviction by a fine of not less
than one hundred dollars nor more than five hundred dollars, or
by imprisonment in the county jail for not less than thirty days
nor more than one year, or both, in the discretion of the court,
and each day any person shall so violate any provisions of this
article shall constitute a separate and distinct offense:
(1) The obtaining of or attempt to obtain a license by the
use of fraud, deceit or willful misrepresentation;
(2) The practice, or attempting to practice, as a
chiropractor without a license granted under the provisions of
this article, or practicing or attempting to practice while said
license is suspended, or after said license has been revoked;
(3) The use of any title to induce belief that the user of
said title is engaged in the practice of chiropractic, if the
user of said title has not fully complied with the provisions of
this article;
(4) The buying, selling or fraudulent procurement of any
diploma of, or license to practice, chiropractic;
(5) The violation of any provision of this article
regulating the practice of chiropractors.
(b) A person shall not engage in the practice of
chiropractic or hold himself or herself out as qualified to
practice chiropractic or use any title, word or abbreviation to
indicate to or induce others to believe that he or she is
licensed to chiropractic in this state unless he or she is
actually licensed under the provisions of this article. Any
person who violates the provisions of this subsection is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
more than one thousand dollars, or imprisoned in the county jail
not more than three months, or both fined and imprisoned.