(a) The Board may, in accordance with rules promulgated under the provisions of article three, chapter twenty-nine-a of this code, refuse to approve a dialysis technician.
(b) The Board may deny, revoke or suspend its certification of a dialysis technician in accordance with the provisions of this article, or to otherwise impose discipline upon proof that he or she:
(1) Is or was guilty of fraud or deceit in procuring or attempting to procure approval to be a dialysis technician;
(2) Has been convicted of a felony;
(3) Is unfit or incompetent by reason of negligence, habits or other causes;
(4) Is habitually intemperate or is addicted to the use of alcohol or habit-forming drugs;
(5) Is mentally incompetent;
(6) Is guilty of conduct derogatory to the morals or standing of the practice;
(7) Is practicing or attempting to practice as a dialysis technician without Board approval; or
(8) Has willfully or repeatedly violated any of the provisions of this article.
(c) After following procedures to be determined by the Board in rules, the discipline may include any of the following:
(1) Summary suspension of the right to practice or reprimand of the dialysis technician;
(2) Probation of the dialysis technician for a specified period of time, with or without limitations and conditions;
(3) Suspension of the dialysis technician for a specified period of time; or
(4) Permanent revocation of dialysis technician privileges.
(d) The Board may establish a committee that has the authority to resolve disciplinary matters through a formal consent agreement with a licensee, permitting the licensee to voluntarily agree to disciplinary action in lieu of a formal evidentiary hearing.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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