Adopted by House 3-13-2010
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"That §30-1-15 of the Code of West Virginia, 1931, as amended, be repealed; that §30-10A-1, §30-10A-2, §30-10A-3, §30-10A-4, §30-10A-5, §30-10A-6, §30-10A-7, §30-10A-8 and §30-10A-9 of said code be repealed; that §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code be amended and reenacted; that said code be amended by adding thereto two new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.