SB372 H GO AM 3-10
Thompson 3192
The Committee on Government Organization
moves to amend the
bill on page 1, by striking everything after the enacting clause
and inserting in lieu thereof the following:
"That §30-1-15 of the Code of West Virginia, 1931, as amended,
be repealed; that §30-10A-1, §30-10A-2, §30-10A-3, §30-10A-4,
§30-10A-5, §30-10A-6, §30-10A-7, §30-10A-8 and §30-10A-9 of said
code be repealed; that §30-1-2a, §30-1-5, §30-1-6, §30-1-8,
§30-1-11 and §30-1-14 of said code be amended and reenacted; that
said code be amended by adding thereto two new sections, designated
§30-1-19 and §30-1-20; that §30-3-2, §30-3-4, §30-3-5, §30-3-6 and
§30-3-8 of said code be amended and reenacted; that §30-10-1,
§30-10-2, §30-10-3, §30-10-4, §30-10-5, §30-10-6, §30-10-7,
§30-10-8, §30-10-9, §30-10-10, §30-10-11, §30-10-12, §30-10-13,
§30-10-14, §30-10-15, §30-10-16, §30-10-17, §30-10-18, §30-10-19
and §30-10-20 of said code be amended and reenacted; and that said
code be amended by adding thereto three new sections, designated
§30-10-21, §30-10-22 and §30-10-23, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-2a. Required orientation session.
(a) After Between April 1 and not later than the first day of
December 31 of each year, the Auditor shall provide at least one orientation session on relevant state law and rules governing state
boards. and commissions All state agencies shall cooperate with
and assist in providing the orientation session if the Auditor
requests.
(b) After the effective date of this section, All chairs or
chief financial officers of state boards and commissions newly
created by the Legislature shall attend an orientation session
designed to inform the state boards and commissions of the duties
and requirements imposed on state boards and commissions by state
law and rules The chair or chief financial officer of the newly
created board or commission shall attend an orientation session at
the earliest possible date following the creation of the board. or
commission
(c) The orientation session shall include a minimum of thirty
minutes of instructional time dedicated to the statutory duty of
boards to investigate and resolve complaints, including procedures
for investigations, administrative hearings and remedies, due
process protections, and the duty to provide public access to
records of the disposition of complaints, as set forth in section
five of this article.
(d) (c) Topics for the orientation session may include, but
are not limited to, the statutory duty of boards to investigate and
resolve complaints, including procedures for investigations,
administrative hearings and remedies, and the duty to provide public access to records of the disposition of complaints; the
official conduct of members, state budgeting and financial
procedures, purchasing requirements, open meetings requirements,
ethics, rule-making procedures, records management, annual reports
and any other topics the Auditor determines to be essential in the
fulfillment of the duties of the members of state boards and
commissions are necessary.
(e) (d) The orientation session shall be is open to any member
of new or existing boards and commissions and each board or
commission may approve expense reimbursement for the attendance of
one or more of its members. The chair or chief financial officer
of each existing board or commission shall attend an orientation
session within two years following the effective date of this
section.
(f) (e) No later than December 31 of each year, the Auditor
shall provide to the chairs of the Joint Standing Committee on
Government Operations Organization a list of the names of board or
commission members attending, together with the names of the boards
and commissions represented, and the orientation session or
sessions offered by the Auditor during the previous year.
(g) (f) The Auditor may charge a registration fee for the
orientation session to cover the cost of providing the orientation
session. The fee may be paid from funds available to a board. or
commission
(h) (g) Notwithstanding the member's normal rate of
compensation for serving on a board, a member attending the
orientation session may be reimbursed for necessary and actual
expenses, as long as the member attends the complete orientation
session.
(i) (h) Ex officio members who are elected or appointed state
officers or employees, and members of boards or commissions that
have purely advisory functions with respect to a department or
agency of the state, are exempt from the requirements of this
section.
§30-1-5. Meetings; quorum; investigatory powers; duties.
(a) Every Each board referred to in this chapter shall hold at
least one meeting each year, at such time and place as it may
prescribe by rule, for the examination of applicants who desire to
practice their respective professions or occupations in this state
and to transact any other business which may legally come before
it. The board may hold additional meetings as may be necessary,
which shall be called by the chair secretary at the direction of
the president or upon the written request of any three a majority
of the board members. A simple majority of the members of the
constituent membership serving on the board at a given time
constitutes a quorum for the transaction of its business.
(b) The Each board is authorized to may compel the attendance
of witnesses, to issue subpoenas and subpoenas duces tecum, to conduct investigations, and hire an investigator and to take
testimony and other evidence concerning any matter within its
jurisdiction. The president chair and secretary of the board are
authorized to may administer oaths for these purposes.
(c) Every Each board referred to in this chapter has a duty to
shall investigate and resolve complaints which it receives and
shall, within six months of the complaint being filed, send a
status report to the party filing the complaint by certified mail
with a signed return receipt and within one year of the status
report's return receipt date issue a final ruling, unless the party
filing the complaint and the board agree in writing to extend the
time for the final ruling.
(d) Every Each board shall maintain a business office open to
the public and shall provide public access to the record of its
public records, including the disposition of the complaints which
it receives in accordance with the provisions of chapter
twenty-nine-b of this code.
(e) Every Each board has a duty to report violations of
individual practice acts contained in this chapter to the board by
which the individual may be licensed and shall do so in a timely
manner upon receiving notice of such violations. Every Each person
licensed or registered by a board has a duty to report to the board
which licenses or registers him or her a known or observed
violation of the practice act or the board's rules by any other person licensed or registered by the same board and shall do so in
a timely manner. Law-enforcement agencies or their personnel and
courts shall report in a timely manner within ten days to the
appropriate board any violations of individual practice acts by any
individual. Any person who reports or provides information in good
faith is not subject to civil damages.
(e) (f) Whenever a board referred to in this chapter obtains
information that a person subject to its authority has engaged in,
is engaging in or is about to engage in any act which constitutes
or will constitute a violation of the provisions of this chapter
which are administered and enforced by that board, it may apply to
the circuit court for an order enjoining the act. Upon a showing
that the person has engaged, is engaging or is about to engage in
any such act, the court shall may order an injunction, restraining
order or other order as the court may deem considers appropriate.
§30-1-6. Application for license or registration; examination fee;
prohibiting discrimination.
(a) Every Each applicant for license or registration an
authorization to practice under the provisions of this chapter
shall apply for the license or registration in writing to the
proper board and shall transmit with his or her application an
examination fee which the board is authorized to charge for an
examination or investigation into the applicant's qualifications to
practice the authorized fees.
(b) Each board referred to in this chapter is authorized to
may establish by rule a deadline for application for examination.
which shall be no less than ten nor more than ninety days prior to
the date of the examination
(c) Boards Notwithstanding specific fees established in the
articles which govern the licensing boards in this chapter, each
board may set fees by legislative rule fees relating to the
licensing or registering of individuals, which shall be sufficient
to enable the boards to effectively carry out effectively their
responsibilities of licensure or registration of the authorization
to practice and discipline of the individuals subject to their
authority. Provided, That when any When a board proposes to
promulgate a rule regarding fees, for licensing or registration,
that the board shall notify its membership of the proposed rule by:
(1) Mailing a copy of the proposed rule to the membership its
licensees at the time that the proposed rule is filed with the
Secretary of State; for publication in the state register in
accordance with section five, article three, chapter twenty-nine-a
of this code. or
(2) Posting the proposed rule on its website and notifying its
licensees of the website posting, at least thirty days before the
proposed rule is filed with the Secretary of State, by:
(A) Mailing a postcard to its licensees;
(B) Emailing a notice to its licensees who have an email address on file with the board; or
(C) Placing a notice in its newsletter.
(d) In addition to any other information required, the
applicant's social security number shall be recorded on the
application: Provided, That the board will redact the social
security numbers on any copies provided to the public.
(e) No board may discriminate against any applicant because of
political or religious opinion or affiliation, marital status,
race, color, gender, creed, age, national origin, disability or
other protected group status.
(f) Any A board may deny the application for licensure or
registration an authorization to practice of an applicant whose
license or registration authorization to practice in any other
state, territory, jurisdiction or foreign nation has been revoked
by the licensing authority. thereof The application may be denied
by a board without a hearing unless the applicant requests a
hearing within thirty days of the denial. Any hearing must be
conducted pursuant to the provisions of section eight of this
article or provisions contained in the rules of the board.
§30-1-8. Denial, suspension or revocation of a license or
registration; probation; proceedings; effect of suspension or
revocation;
authority to hire hearing examiner; transcript;
report; judicial review.
(a) Every Each board referred to in this chapter may suspend or revoke the license authorization to practice of any person who
has been convicted of a felony or who has been found to have
engaged in conduct, practices or acts constituting professional
negligence or a willful departure from accepted standards of
professional conduct. Where any person has been convicted of a
felony or has been found to have engaged in such conduct, practices
or acts, every the board referred to in this chapter may enter into
consent decrees, to reprimand, to enter into probation orders, to
levy fines not to exceed one thousand dollars per day per violation
or any of these, singly or in combination. Each board may also
assess administrative costs. Any costs which are assessed shall be
placed in the special account of the board and any fine which is
levied shall be deposited in the State Treasury's General Revenue
Fund.
(b) For purposes of this section, the word "felony" means a
felony or crime punishable as a felony under the laws of this
state, any other state or the United States.
(c) Every Each board referred to in this chapter may
promulgate rules in accordance with the provisions of chapter
twenty-nine-a of this code to delineate conduct, practices or acts
which, in the judgment of the board, constitute professional
negligence, a willful departure from accepted standards of
professional conduct or which may render an individual unqualified
or unfit for licensure, registration or other an authorization to practice.
(d) Every Each board referred to in this chapter may revoke
the license or registration an authorization to practice of an
individual licensed or otherwise lawfully practicing within this
state whose license or registration authorization to practice in
any other state, territory, jurisdiction or foreign nation has been
revoked by the licensing authority. thereof
(e) Notwithstanding any other provision of law to the
contrary, no certificate, license, registration or authority
authorization to practice issued under the provisions of this
chapter may be suspended or revoked without a prior hearing before
the board or court which issued the certificate, license,
registration or authority, except:
(1) A board is authorized to may suspend or revoke a
certificate, license, registration or authority an authorization to
practice prior to a hearing if the person's continuation in
practice constitutes an immediate danger to the public; or
(2) After due diligence, If a board, after reviewing all
reasonably available relevant information, cannot locate a person
licensed authorized to practice under the provisions of this
chapter within sixty days of a complaint being filed against the
licensee person, then the board may suspend the license,
certificate, registration or authority authorization to practice of
the person without holding a hearing. After due diligence, If a board, still after reviewing all reasonably available relevant
information, cannot locate the person licensed authorized to
practice under the provisions of this chapter thirty days after the
suspension of the person's license, certificate, registration or
authority, then authorization to practice, the board may revoke the
license, certificate, registration or authority authorization to
practice of the person without holding a hearing.
(f) In all proceedings before a board or court for the
suspension or revocation of any certificate, license, registration
or authority authorization to practice issued under the provisions
of this chapter, a statement of the charges against the holder of
the certificate, license, registration or authority authorization
to practice and a notice of the time and place of hearing shall be
served upon the person as a notice is served under section one,
article two, chapter fifty-six of this code at least thirty days
prior to the hearing. and He or she may appear with witnesses and
be heard in person, by counsel, or both. The board may take oral
or written proof, for or against the accused holder of the
authorization to practice, as it may consider advisable. If upon
hearing the board finds that the charges are true, it may suspend
or revoke the certificate, license, registration or authority and
suspension or revocation shall take from the person all rights and
privileges acquired thereby authorization to practice.
(g) The board may conduct the hearing or elect to have a hearing examiner or an administrative law judge conduct the
hearing. If the hearing is conducted by a hearing examiner or an
administrative law judge:
(1) The hearing examiner or administrative law judge shall be
licensed to practice law in this state, and shall conform to the
Code of Conduct for Administrative Law Judges as set forth by the
Ethics Commission in legislative rule;
(2) At the conclusion of a hearing, the hearing examiner or
administrative law judge shall prepare a proposed written order
containing recommended findings of fact and conclusions of law, and
may contain recommended disciplinary sanctions if the board so
directs;
(3) The board may accept, reject, modify or amend the
recommendations of the hearing examiner or administrative law
judge; and
(4) If the board rejects, modifies or amends the
recommendations, the board shall state in the order a reasoned,
articulate justification based on the record for the rejection,
modification or amendment.
(h) Pursuant to the provisions of section one, article five,
chapter twenty-nine-a of this code, informal disposition may also
be made by the board of any contested case by stipulation, agreed
settlement, consent order or default. Further, The board may
suspend its decision and place a licensee found by the board to be in violation of the applicable practice act or rules of the board
on probation.
(h) (i) Any person denied a license, certificate, registration
or authority an authorization to practice who believes the denial
was in violation of this article or the article under which the
license, certificate, registration or authority licensee is
authorized shall be entitled to a hearing on the action. denying
the license, certificate, registration or authority Hearings under
this subsection are in accordance with the provisions for hearings
which are set forth in this section.
(i) (j) A stenographic report of each proceeding on the
denial, suspension or revocation of a certificate, license,
registration or authority shall be made at the expense of the board
and a transcript of the hearing retained in its files. The board
shall make a written report of its findings, which shall constitute
part of the record.
(j) (k) All hearings and administrative proceedings under the
provisions of this section will be held in accordance with the
provisions of article five, chapter twenty-nine-a of this code, and
are subject to review by the Supreme Court of Appeals.
(k) (l) On or before the first day of July, two thousand one,
every Each board referred to in this chapter shall adopt procedural
rules in accordance with the provisions of article three, chapter
twenty-nine-a of this code, which shall specify a procedure for the investigation and resolution of all complaints against persons
licensed under this chapter. The proposed legislative rules
relating only to complaint procedures or contested case hearing
procedures required by the prior enactment of this subsection shall
be redesignated as procedural rules in accordance with the
provisions of article three, chapter twenty-nine-a of this code.
Each board shall file the procedural rules required by this
subsection by the thirty-first day of January, two thousand one.
The public hearing or public comment period conducted for the
proposed legislative rules shall serve as the public hearing or
public comment period required by section five, article three,
chapter twenty-nine-a of this code.
§30-1-11. Compensation of members; expenses;
adherence to ethical
standards.
(a) Each member of every board in this chapter is entitled to
receive compensation for attending official meetings or engaging in
official duties not to exceed the amount in the same amount as is
paid to members of the Legislature for their interim duties as
recommended by the Citizens Legislative Compensation Commission and
authorized by law. A board member may not receive compensation for
travel days that are not on the same day as the official meeting or
engaging in official duties.
(b) The limitations contained in this section do not apply if
they conflict with provisions of this chapter relating to a particular board and enacted after January 1, 1995.
(c) A board may reimburse actual and necessary expenses
incurred for each day or portion of a day engaged in the discharge
of official duties in a manner consistent with guidelines of the
Travel Management Office of the Department of Administration.
(d) No member of any board in this chapter may receive
compensation as an employee of the board.
(e) Each member of every board in this chapter shall adhere to
the ethical standards for appointed officials as set forth in
section five, article two, chapter six-b of this code.
§30-1-14. Remission of certain fees Modifying or waiving continuing
education requirements or renewal fees for persons in active
duty military service.
Every board of examination or registration referred to in this
chapter is hereby authorized, under such rules and regulations as
may be adopted by each board, to remit all annual license or annual
registration fees required to be paid by any licensee or registrant
under its supervision during such time as such licensee or
registrant is serving with the Armed Forces of the United States of
America, and to retain the name of such licensee or registrant in
good standing on the roster of said board during said time.
Each board in this chapter may establish and implement
processes for modifying or waiving continuing education
requirements or renewal fees for the renewal of an authorization to practice for the period of time during which a person regulated by
the board is engaged in active duty military service.
§30-1-19. Regulatory board review.
Each board is subject to a regulatory board review pursuant to
the provisions of article ten, chapter four of this code.
§30-1-20. Independent status of boards; legislative declaration;
inapplicability of certain laws, rules and policies to boards.
(a) The Legislature declares and reaffirms that, due to the
statutory requirements of financial autonomy set forth in section
six of this article, the exclusion of the boards from the statutory
structure of the executive branch, and the absence of any
requirement for the boards to report to an agency head, a cabinet
secretary or the Governor, the boards have independent status.
(b) Boards referred to in this chapter are not bound by the
laws, rules or policies applicable to the executive branch,
including but not limited to, the purchasing requirements of the
Purchasing Division, the rules of the Division of Personnel, the
laws governing the authority of the Real Estate Division, Executive
Order or instructions issued by the Governor or his or her staff.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-2. Purpose.
The purpose of this article is to provide for the licensure
and professional discipline of physicians and podiatrists and for
the certification licensure and professional discipline of physician assistants and to provide a professional environment that
encourages the delivery of quality medical services within this
state.
§30-3-4. Definitions.
As used in this article:
(1) "Board" means the West Virginia Board of Medicine
established in section five of this article. Whenever any other
provision of this code refers to the "medical licensing board of
West Virginia", the reference shall be construed to mean and refer
to the "West Virginia Board of Medicine" as created and established
in this article.
(2) "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 section one,
article three-c of this chapter, 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.
(3) "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, but does not include non-invasive procedures offered for purely cosmetic purposes. The
provisions of this subsection 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 as determined by the regulatory board for that profession.
(4) "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 or hand, 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.
(5) "State director of health officer" means the state
director of health 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.
§30-3-5. West Virginia Board of Medicine
created; transfer of
powers and duties from medical licensing board; powers and
duties continued; appointment and terms of members; vacancies;
removal.
There is hereby created a medical licensing board to be known
as the "West Virginia Board of Medicine." The West Virginia Board
of Medicine shall assume, carry has assumed, carried on and succeed
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, and regulations,
orders, rulings, licenses, certificates, permits and other acts and
undertakings of the medical licensing board of West Virginia as
heretofore constituted shall continue have continued as those of
the West Virginia Board of Medicine until they expire expired or
are were amended, altered or revoked. The board shall be remains
the sole authority for the issuance of licenses to practice
medicine and surgery and to practice podiatry and certificates for
to practice as physician assistants in this state under the
supervision of physicians licensed under this article. and The
board shall continue to be a regulatory and disciplinary body for
the practice of medicine and surgery and the practice of podiatry and for physician assistants in this state.
The board shall consist of fifteen members. One member shall
be the state director of health officer ex officio, with the right
to vote as a member of the board. The other fourteen 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 two shall
hold the degree of doctor of podiatric medicine. One member shall
be an individual certified licensed by the board as a Type A
physician assistant. Each of these members must be duly licensed
or certified to practice his or her profession in this state on the
date of appointment and must have been licensed or certified 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 director of health's health officer's term
shall continue for the period that he or she holds office as state
director of health officer. Each other member of the board shall
be appointed to serve a term of five years: Provided, That the
members of the medical licensing board or 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 two consecutive full terms on the board.
Not more than four physicians, one podiatrist and two lay
members appointed by the Governor as members of the board shall
belong to the same political party. The Type A physician assistant
member may not belong to the same political party to which a
majority of the lay members belong. 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 director of
health officer, who holds any public office or public employment
under the federal government or under the government of this state
or any political subdivision thereof. or who is an appointee or
employee of the state board of health.
In making appointments to the board, the Governor shall, so
far as practicable, select the members from different geographical
sections of the state. 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.
No member may be removed from office by the Governor except
for official misconduct, incompetence, neglect of duty or gross
immorality: Provided, That the expiration, surrender or revocation
of the professional license or certification by the board of a member of the board shall be cause for removal the membership to
immediately and automatically terminate.
§30-3-6. Conduct of business of West Virginia Board of Medicine;
meetings; officers; compensation; expenses; quorum.
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 and regulations of the board. Special
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
on seven days' prior written notice by mail postage prepaid or
electronic means or, in case of emergency, on two days' notice by
telephone and electronic means. With the exception of the state
director of health officer, members of the board shall receive one
hundred dollars for each day actually spent in attending the
sessions of the board or its committees. A board member shall be
reimbursed for all reasonable and necessary expenses actually
incurred when a meeting is held in a location that is removed from
the member's place of residence compensation and expense
reimbursement in accordance with section eleven, article one of
this chapter.
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 five members or a majority vote of those present, whichever is greater.
Meetings of the board shall be held in public session. except
that the board may hold closed sessions to prepare, approve, grade
or administer examinations Disciplinary proceedings, prior to a
finding of probable cause as provided in subsection (o) (p),
section fourteen of this article, shall be held in closed sessions,
unless the party subject to discipline requests that the hearing
proceedings be held in public session.
§30-3-8. State
director of health officer to act as secretary of
the board.
The state director of health officer, in addition to being a
member of the board, shall act as its secretary. and shall be in
charge of its offices and responsible to the board for the
maintenance of the offices and the preparation of application
forms, licenses, reports and all other papers or documents that may
be required by the board in the performance of its duties 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.
ARTICLE 10. VETERINARIANS.
§30-10-1. Unlawful acts.
(a) It is unlawful for any person to practice or offer to
practice veterinary medicine, veterinary technology or animal
euthanasia in this state without a license, registration or certificate issued under the provisions of this article, or
advertise or use any title or description tending to convey the
impression that they are a veterinarian, veterinary technician or
animal euthanasia technician unless such person has been duly
licensed, registered or certified under the provisions of this
article.
(b) A business entity may not render any service or engage in
any activity which, if rendered or engaged in by an individual,
would constitute the practice of veterinary medicine, veterinary
technology or animal euthanasia, except through a licensee,
registrant or certificate holder
.
§30-10-2. Applicable law.
The practice of veterinary medicine, veterinary technology and
animal euthanasia and the Board of Veterinary Medicine are subject
to the provisions of article one of this chapter, the provisions of
this article and the board's rules.
§30-10-3. Definitions.
As used in this article, the following words and terms have
the following meanings:
(a) "Animal" means any animal other than human, and the term
includes fowl, birds, amphibians, fish, and reptiles, wild or
domestic, living or dead.
(b) "Animal Control Facility" means a municipal or county
operated humane society or animal shelter incorporated and organized under the laws of this state or a humane society or an
animal shelter classified as 501(c)(3) by the Internal Revenue
Service, with at least one certified animal euthanasia technician.
(c) "Applicant" means a person making application for a
license, certificate, registration or permit, under the provisions
of this article.
(d) "Board" means the West Virginia Board of Veterinary
Medicine.
(e) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited
liability company or other entity performing veterinary medicine,
veterinary technology or animal euthanasia.
(f) "Certificate" means an animal euthanasia technician
certificate issued under the provisions of this article.
(g) "Certified animal euthanasia technician" means a person
who is certified by the board to euthanize animals in accordance
with the provisions of this article.
(h) "General Supervision" means the supervising veterinarian
is in the building where the animal is being treated, has given
instructions for treatment and is quickly and easily available.
(i) "Indirect supervision" means the performance of procedures
on the orders of a supervising veterinarian.
(j) "License" means a veterinary medicine license issued under
the provisions of this article.
(k) "Permit" means a temporary permit to practice veterinary
medicine issued by the board.
(l) "Practice of veterinary medicine" means to diagnose,
treat, correct, change, relieve or prevent any disease, deformity,
defect, injury, or other physical or mental condition, of any
animal, or to prescribe for or to administer to any animal any
drug, medicine, biologic, apparatus, application, anesthetic or
other therapeutic or diagnostic substance or technique, or to
render advice or any recommendation with respect to any of the
foregoing.
(m) "Practice of veterinary technology" means the science and
art of providing all aspects of professional medical care, services
and treatment for animals with the exceptions of diagnosis,
prognosis, surgery, prescription and application of any treatments,
drugs, medications or appliances, where a valid veterinarian-
client-patient relationship exists.
(n) "Registered veterinary technician" means a person who is
duly registered to practice veterinary technology under the
provisions of this article.
(o) "Supervising veterinarian" means a veterinarian, licensed
under this article, who assumes responsibility for the professional
care given to an animal by a person authorized by this article to
work under his or her general or indirect supervision.
(p) "Veterinarian" means a person who is licensed to practice veterinary medicine under the provisions of this article.
(q) "Veterinary assistant" means a person who has not met the
requirements for becoming a registered veterinary technician and
whose basic tasks are set by the veterinarian.
(r) "Veterinarian-client-patient relationship" means a
relationship between a veterinarian, a client and a patient, exists
when:
(1) A veterinarian assumes responsibility for medical
judgments regarding the health of an animal and the client who is
the owner or other caretaker of the animal agrees to follow the
veterinarian's instructions; or
(2) A veterinarian, through personal examination of an animal
or a representative sample of a herd or flock, obtains sufficient
information to make at least a general or preliminary diagnosis of
the medical condition of the animal, herd or flock, which diagnosis
is expanded through medically appropriate visits to the premises
where the animal, herd or flock is kept.
§30-10-4. Board of Veterinary Medicine.
(a) The West Virginia Board of Veterinary Medicine is
continued. The members of the board in office on July 1, 2010,
shall, unless sooner removed, continue to serve until their
respective terms expire and until their successors have been
appointed and qualified.
(b) Commencing July 1, 2010, the board shall consist of the following nine members appointed by the Governor by and with the
advice and consent of the Senate:
(1) Six members licensed to practice veterinary medicine in
this state;
(2) One member registered to practice veterinary technology in
this state; and
(3) Two citizen members, who are not licensed under the
provisions of this article and who do not perform any services
related to the practice of the professions regulated under the
provisions of this article.
(c) Each member shall be appointed for a term of five years
and may not serve more than two consecutive terms. Any member who
has served two consecutive full terms may not be reappointed for at
least one year after completion of his or her second full term. A
member may continue to serve until his or her successor has been
appointed and qualified.
(d) The terms shall be staggered by the Governor.
(e) Each licensed or registered member of the board, at the
time of his or her appointment, must have held a license or
registration in this state for a period of not less than three
years immediately preceding the appointment.
(f) Each member of the board must be a resident of this state
during the appointment term.
(g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is
vacant.
(h) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(i) Any member of the board immediately and automatically
forfeits his or her membership if he or she has his or her license
or registration suspended or revoked by the board, is convicted of
a felony, a misdemeanor involving animal abuse or neglect, or
becomes a nonresident of this state.
(j) The board shall elect annually one of its members as
chairperson and one member as secretary-treasurer who shall serve
at the will and pleasure of the board.
(k) Each member of the board is entitled to receive
compensation and expense reimbursement in accordance with article
one of this chapter.
(l) A majority of the members serving on the board constitutes
a quorum.
(m) A member may not be an officer, board member or employee
of a statewide or national organization established for the purpose
of advocating the interests of or conducting peer review of
veterinarians or veterinarian technicians licensed or registered
pursuant to this article.
(n) A veterinary technician member may not be employed by a
veterinarian on the board.
(o) The board shall hold at least one annual meeting. Other
meetings shall be held at the call of the chairperson or upon the
written request of three members, at the time and place as
designated in the call or request.
(p) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the Constitution of this state.
§30-10-5. Powers and duties of the board.
(a) The board has all the powers and duties set forth in this
article, by rule, in article one of this chapter and elsewhere in
law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer
examinations;
(2) Establish requirements for a license, permit, certificate
and registration;
(3) Establish procedures for submitting, approving and
rejecting applications for a license, permit, certificate and
registration;
(4) Determine the qualifications of any applicant for a
license, permit, certificate and registration;
(5) Prepare, conduct, administer and grade written, oral or
written and oral examinations for a license, certificate and
registration;
(6) Determine the passing grade for the examinations;
(7) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examination and the pass and fail rate;
(8) Maintain an office, and hire, discharge, establish the job
requirements and fix the compensation of employees and contract
with persons necessary to enforce the provisions of this article;
(9) Investigate alleged violations of the provisions of this
article, legislative rules, orders and final decisions of the
board;
(10) Conduct disciplinary hearings of persons regulated by the
board;
(11) Determine disciplinary action and issue orders;
(12) Institute appropriate legal action for the enforcement of
the provisions of this article;
(13) Maintain an accurate registry of names and addresses of
all persons regulated by the board;
(14) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;
(15) Establish, by legislative rule, the continuing education
requirements for licensees, permitees, certificate holders and
registrants; and
(16) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the provisions of this article.
(c) The board may:
(1) Contract with third parties to administer the examinations
required under the provisions of this article;
(2) Define, by legislative rule, the fees charged under the
provisions of this article;
(3) Issue, renew, deny, suspend, revoke or reinstate a
license, permit, certificate and registration;
(4) Sue and be sued in its official name as an agency of this
state;
(5) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions; and
(6) Take all other actions necessary and proper to effectuate
the purposes of this article.
§30-10-6. Rule-making authority.
(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to implement the provisions of this
article, including establishing:
(1) Standards and requirements for a
license, permit,
certificate and registration
;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare, administer or
prepare and administer examinations and reexaminations;
(4) Educational and experience requirements and the passing
grade on the examination;
(5) Standards for approval of courses;
(6) Procedures for the issuance and renewal of
a license,
permit, certificate and registration
;
(7) A fee schedule;
(8) Standards for ethical conduct;
(9) Procedures and requirements for facility inspections;
(10) Clarification of the veterinarian-client-patient
relationship;
(11) Procedures for denying, suspending, revoking, reinstating
or limiting the practice of a licensee, permittee, certificate
holder or registrant;
(12) Requirements for reinstating a revoked
license, permit,
certificate and registration
; and
(13) Any other rules necessary to effectuate the provisions of
this article.
(b)
All of the board's rules in effect on the effective date
of the reenactment of this article in the regular session of 2010
will remain in effect until they are amended, modified, repealed or
replaced.
§30-10-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except fines, received by the
board shall be deposited in a separate special revenue fund in the State Treasury designated the "Board of Veterinary Medicine Fund",
which fund is continued. The fund is used by the board for the
administration of this article. Except as may be provided in
article one of this chapter, the board shall retain the amounts in
the special revenue account from year to year. Any compensation or
expense incurred under this article is not a charge against the
General Revenue Fund.
(b) The board shall deposit any amounts received as
administrative fines imposed pursuant to this article into the
General Revenue Fund of the State Treasury.
§30-10-8. Requirements for Veterinary License.
(a) To be eligible for a license to practice under the
provisions of this article, the applicant must:
(1) Be of good moral character;
(2) (A) Be a graduate of an accredited school approved by the
board; or
(B) Be a graduate of a foreign veterinary school and hold a
certificate of competence issued by a foreign veterinary graduate
educational organization as approved by the board;
(3) Have passed the examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for
employment in the United States;
(6) Not have been convicted of a crime involving moral turpitude;
(7) Not have been convicted of a felony under the laws of any
jurisdiction within five years preceding the date of application
for licensure which conviction remains unreversed;
(8) Not have been convicted of a misdemeanor or a felony under
the laws of any jurisdiction at any time if the offense for which
the applicant was convicted related to the practice of veterinary
medicine or animal abuse or neglect.
(b) A person seeking a license under the provisions of this
article shall submit an application on a form prescribed by the
board and pay all applicable fees.
(c) An applicant from another jurisdiction shall comply with
all requirements of this article.
(d) A license to practice veterinary medicine issued by the
board prior to July 1, 2010, shall for all purposes be considered
a license issued under this article and may be renewed under this
article.
§30-10-9. Scope of Practice for a Licensed Veterinarian.
A person licensed to practice veterinary medicine may:
(a) Prescribe or administer any drug, medicine, treatment,
method or practice for any animal;
(b) Perform any operation or manipulation on or apply any
apparatus or appliance to any animal;
(c) Give any instruction or demonstration for the cure, amelioration, correction or reduction or modification of any animal
condition, disease, deformity, defect, wound or injury;
(d) Diagnose or prognosticate any animal condition, disease,
deformity, defect, wound or injury for hire, fee, reward or
compensation that is directly or indirectly promised, offered,
expected, received or accepted; and
(e) Prescribe or administer any legally authorized drug,
medicine, treatment, method or practice, perform any operation or
manipulation, or apply any apparatus or appliance for the cure,
amelioration, correction or modification of any animal condition,
disease, deformity, defect, wound or injury for hire, fee,
compensation or reward that is directly or indirectly promised,
offered, expected, received or accepted.
§30-10-10. Requirements for a registered veterinary technician.
(a) To be eligible for a registration to practice veterinary
technology under the provisions of this article, the applicant
must:
(1) Be of good moral character;
(2) Successfully graduate with a degree in veterinary
technology at an accredited school approved by the board;
(3) Have passed examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for
employment in the United States;
(6) Not have been convicted of a crime involving moral
turpitude;
(7) Not have been convicted of a felony under the laws of any
jurisdiction within five years preceding the date of application
for registration which conviction remains unreversed; and
(8) Not have been convicted of a misdemeanor or a felony under
the laws of any jurisdiction at any time if the offense for which
the applicant was convicted related to the practice of veterinary
technology or animal abuse or neglect.
(b) A person seeking registration under the provisions of this
article shall submit an application on a form prescribed by the
board and pay all applicable fees.
(c) A person registered to practice veterinary technology
issued by the board prior to July 1, 2010, shall for all purposes
be considered registered under this article.
§30-10-11. Scope of practice for registered veterinary technician.
(a) A registered veterinary technician may perform the
following tasks under general veterinary supervision:
(1) Administer anesthesia including induction, intravenous
sedation and maintenance and recovery from anesthesia;
(2) Perform dental prophylaxis;
(3) Establish open airways;
(4) Administer resuscitative oxygen procedures;
(5) Administer resuscitative drugs, in the event of cardiac arrest;
(6) Administer immunizations that are not required by law to
be administered by a licensed veterinarian;
(7) Prepare or supervise the preparation of patients for
surgery;
(8) Assist the veterinarian in immunologic, diagnostic,
medical, chemotherapeutic and surgical procedures; and
(9) Perform external suturing.
(b) A registered veterinary technician may perform the
following tasks under either general or indirect supervision:
(1) Perform diagnostic imaging;
(2) Perform intravenous catheterization;
(3) Administer and apply medications and treatments by oral
intramuscular, intravenous and subcutaneous routes;
(4) Apply bandages;
(5) Perform cardiac and respiratory monitoring;
(6) Perform appropriate procedures to control bleeding;
(7) Apply temporary splints or immobilizing bandages;
(8) Perform ear flushing;
(9) Collect specimens; and
(10) Perform laboratory procedures.
(c) A veterinary technician may, without supervision, use
emergency treatment procedures when an animal has been placed in a
life threatening condition and immediate treatment is necessary to sustain the animal's life. The registered veterinary technician
shall immediately take steps to secure the general supervision of
a veterinarian.
§30-10-12. Requirements to be a certified animal euthanasia
technician.
(a) To be a certified animal euthanasia technician a person
must:
(1) Apply at least thirty days prior to the date the next
written examinations are scheduled, using a form prescribed by the
board;
(2) Have a high school diploma or GED,
(3) Pay application and examination fees;
(4) Complete the certified animal euthanasia technicians
program sponsored by the board and pass the written and practical
skills examinations;
(5) Pass the prescribed background check; and
(6) Complete other requirements established by the board by
legislative rule.
(b) A certified animal euthanasia technician may practice
animal euthanasia at a legally operated animal control facility.
§
30-10-13. Requirements for certified animal euthanasia
technicians program.
(a) The board shall create a certified animal euthanasia
technicians program. The board shall design this program to teach applicants for certification record keeping and the legal, safety
and practical information needed to become a certified animal
euthanasia technician.
(b) (1) The board shall administer written examinations to an
applicant for certification. The written examinations shall test
the applicant's knowledge of the following:
(A) Animal restraint;
(B) Drug enforcement agency regulations;
(C) Record keeping requirements for controlled substances;
(D) Handling, inventory, security and proper storage of
euthanasia drugs, solutions and syringes;
(E) The certification process;
(F) Legal requirements;
(G) Stress management;
(H) Approved animal euthanasia drug usage;
(I) Jurisprudence; and
(J) Other subject areas specified by the board in a
legislative rule.
(2) The applicant shall pass the written examinations with a
minimum correct score as determined by the board by legislative
rule in order to be eligible to take the practical skills
examination provided in subsection (c) of this section.
(c) In addition to the written examinations provided under
subsection (b) of this section, the board shall administer a practical skills examination to an applicant who has successfully
passed the written examinations. The board shall conduct the
practical skills examination in a manner that tests an applicant's
ability to properly restrain an animal, measure a correct dosage of
euthanasia solution, locate an injection site and perform an
injection. In order to pass the practical skills examination, an
applicant shall exhibit to the board that he or she can locate an
injection site and perform an injection and also perform euthanasia
correctly and humanely.
(d) An applicant who successfully passes the written
examinations and the practical skills examination required by this
section shall sign a form authorizing the board to make inquiries
through the United States Department of Justice, or any other legal
jurisdiction or entity, for the purpose of determining the
character and reputation of the applicant and other matters
relating to the certification of the applicant.
§30-10-14. Scope of practice for an animal euthanasia technician.
(a) A certified animal euthanasia technician may euthanize
animals assigned to the care of an animal control facility.
(b) A certified animal euthanasia technician shall practice
euthanasia within the limitations imposed by this article and rules
promulgated by the board under this article.
(c) A certified animal euthanasia technician may not practice
or offer to practice his or her profession outside the direct authority of the animal control facility which employs him or her
or otherwise contracts for his or her services.
(d) A certified animal euthanasia technician is not qualified
and may not indicate that he or she is qualified to act in any
capacity relative to animals beyond his or her specified and
regulated authority to euthanize animals at the instruction of the
animal control facility by which he or she is employed.
(e) Annually, before January 15, a certified animal euthanasia
technician shall report to the board the number of animals
euthanized at his or her facility during the previous calendar
year.
§30-10-15. Renewal requirements.
(a) All persons regulated by the article shall annually before
January 1, renew his or her license, registration or certification
by completing a form prescribed by the board and submit any other
information required by the board.
(b) At least thirty days prior to January 1, annually, the
board shall mail to every person regulated by the article an
application for renewal.
(c) The board shall charge a fee for each renewal of a license
permit, registration or certification and shall charge a late fee
for any renewal not properly completed and received with the
appropriate fee by the board before January 1.
(d) The board shall require as a condition for the renewal of a license, registration or certificate that each person regulated
by the article complete continuing education.
(e) The board may deny an application for renewal for any
reason which would justify the denial of an original application
for a license, registration or certification.
(f) The board may authorize the waiving of the renewal fee of
a licensed veterinarian or veterinarian technician during the
period when he or she is on active duty with any branch of the
armed services or the public health service of the United States or
a declared emergency.
(g) After July 1, 2010, a previously certified animal
euthanasia technician may renew his or her certification without
having obtained a high school degree or GED.
§30-10-16. Temporary permits for a veterinarian.
(a) Upon completion of the application and payment of the
applicable fees, the board may issue a temporary permit to a person
for a period not to exceed the next scheduled examination date to
practice veterinary medicine in this state to a person who has
completed the educational requirements set out in this article,
pending the state examination, who is practicing under a
supervising veterinarian. The temporary permit expires the day
after the board gives written notice to the permitee of the results
of the first examination held following the issuance of the
temporary permit.
(b) A temporary permit may be revoked by a majority vote of
the board without a hearing.
§30-10-17. Exemptions from article.
The following persons are exempt from licensing under the
provisions of this article:
(a) An employee of the federal government performing his or
her official duties, as defined by the employing agency;
(b) A student of a veterinary school working under the direct
supervision of a licensed veterinarian;
(c) A person advising with respect to or performing acts which
the board has prescribed by legislative rule as accepted livestock
management practices;
(d) The owner of an animal, the owner's employees, or persons
assisting the owner without any fee or compensation, caring for and
treating the animal, except where the ownership of the animal was
transferred for the purpose of circumventing the provisions of this
article;
(e) A member of the faculty of a veterinary school performing
his or her regular duties and functions, including lecturing,
giving instructions or demonstrations, at a veterinary school or in
connection with a board approved continuing education course or
seminar;
(f) A person selling or applying a pesticide, insecticide or
herbicide;
(g) A person engaging in bona fide scientific research which
reasonably requires experimentation involving animals;
(h) A person engaging in bona fide scientific research in
consultation with a licensed veterinarian in this state;
(i) A person treating or relieving a living animal in the case
of an emergency for no fee or other compensation; and
(j) A person who disposes of the carcass of a dead animal.
§30-10-18. Display of license.
(a) The board shall prescribe the form for a license, permit,
registration and certificate and may issue a duplicate upon payment
of a fee.
(b) Any person regulated by the article shall conspicuously
display his or her license, permit, registration or certification
at his or her principal business location.
§
30-10-19.
Complaints; investigations; due process procedure;
grounds for disciplinary action.
(a) The board may upon its own motion and shall upon the
written complaint of any person cause an investigation to be made
to determine whether grounds exist for disciplinary action under
this article or the legislative rules of the board.
(b)
Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee, permittee,
registrant or certificate holder.
(c) The board may cause an investigation to be made into the facts and circumstances giving rise to the complaint and any person
regulated by this article has an affirmative duty to assist the
board, or its authorized representative, in the conduct of its
investigation.
(d) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee, permittee, registrant or certificate holder has
violated any provision of this article or rules promulgated
pursuant to this article.
(e) Upon a finding that probable cause exists that the
licensee, permittee, registrant or certificate holder has violated
any provision of this article or rules promulgated pursuant to this
article, the board may enter into a consent decree or hold a
hearing for the suspension or revocation of the license, permit,
registration or certification or the imposition of sanctions
against the licensee, permittee, registrant or certificate holder.
The hearing shall be held in accordance with the provisions of
section twenty-one of this article.
(f) Any member of the board or the executive director of the
board may issue subpoenas and subpoenas duces tecum to obtain
testimony and documents to aid in the investigation of allegations
against any person regulated by the article.
(g) Any member of the board or its executive director may sign
a consent decree or other legal document on behalf of the board.
(h) The board may, after notice and opportunity for hearing,
deny, refuse to renew, suspend or revoke the license, permit,
registration or certification of, impose probationary conditions
upon or take disciplinary action against, any
licensee, permittee,
registrant or certificate holder
for any of the following reasons:
(1) Obtaining a license, permit, registration or certification
by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral
turpitude;
(3) Being guilty of unprofessional conduct as defined by
legislative rule of the board;
(4) Violating any provision of this article, lawful order or
legislative rule of the board;
(5) Having had a license or other authorization revoked or
suspended, other disciplinary action taken, or an application for
licensure or other authorization refused, revoked or suspended by
the proper authorities of another jurisdiction, irrespective of
intervening appeals and stays; or
(6) Engaging in any act which has endangered or is likely to
endanger the health, welfare or safety of the public.
(i) For the purposes of subsection (h) of this section,
disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 a day per
violation;
(4) Mandatory attendance at continuing education seminars or
other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee, permittee, registrant or
certificate holder to report to the board for periodic interviews
for a specified period of time; or
(7) Other corrective action considered by the board to be
necessary to protect the public, including advising other parties
whose legitimate interests may be at risk.
§30-10-20. Procedures for hearing; right of appeal.
(a) Hearings shall be governed by the provisions of section
eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law
judge, the administrative law judge shall prepare a proposed
written order containing findings of fact and conclusions of law at
the conclusion of a hearing. The proposed order may contain
proposed disciplinary actions if the board so directs. The board
may accept, reject or modify the decision of the administrative law
judge.
(d)
Any member or the executive director of the board has the
authority to administer oaths, examine any person under oath and
issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee,
permittee, registrant or certificate holder has violated any
provision of this article or the board's rules, a formal written
decision shall be prepared which contains findings of fact,
conclusions of law and a specific description of the disciplinary
actions imposed.
§30-10-21. Judicial review; appeal to Supreme Court of Appeals.
Any licensee, permittee, registrant or certificate holder
adversely affected by a decision of the board entered after a
hearing may obtain judicial review of the decision in accordance
with section four, article five, chapter twenty-nine-a of this
code, and may appeal any ruling resulting from judicial review in
accordance with article six, chapter twenty-nine-a of this code.
§30-10-22. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a person has
knowingly violated the provisions of this article or rules
promulgated pursuant to this article, the board may bring its
information to the attention of an appropriate law-enforcement
official who may cause criminal proceedings to be brought.
(b) Any person violating a provision of this article is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than $500 nor more than $1,000 or confined in a correctional
facility not more than six months, or both fined and confined.
§30-10-23. Single act evidence of practice.
In any action brought or in any proceeding initiated under
this article, evidence of the commission of a single act prohibited
by this article is sufficient to justify a penalty, injunction,
restraining order or conviction without evidence of a general
course of conduct.