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Chapter 30     Entire Code
‹ Chapter 29C  |  Chapter 31 › Printer Friendly Versions
Chapter 30  |  Article 30 - 1B

1 - GENERAL PROVISIONS APPLICABLE T

1A - PROCEDURE FOR REGULATION OF OC

1B - PROVISIONS APPLICABLE TO MILIT
    30 - 1 B- 1
    30 - 1 B- 2
    30 - 1 B- 3
    30 - 1 B- 4
    30 - 1 B- 5
    30 - 1 B- 6
    30 - 1 B- 7
    30 - 1 B- 8
    30 - 1 B- 9

1C - INTERSTATE MEDICAL LICENSURE

1D - PROVISIONS AFFECTING CERTAIN

2 - ATTORNEYS-AT-LAW

2A - MEDICAL LICENSING BOARD

3 - WEST VIRGINIA MEDICAL PRACTICE

3A - MANAGEMENT OF INTRACTABLE PAIN

3B - MOBILE INTENSIVE CARE PARAMEDI

3C - HEALTH CARE PEER REVIEW ORGANI

3D - PHYSICIAN HEALTH PROGRAMS

3E - PHYSICIAN ASSISTANTS PRACTICE

4 - WEST VIRGINIA DENTAL PRACTICE A

4A - ADMINISTRATION OF GENERAL ANES

4B - DENTAL LABORATORY SERVICES

5 - PHARMACISTS, PHARMACY TECHNICIA

6 - BOARD OF FUNERAL SERVICE EXAMIN

7 - REGISTERED PROFESSIONAL NURSES

7A - PRACTICAL NURSES

7B - CENTER FOR NURSING

7C - DIALYSIS TECHNICIANS

7D - MEDICATION ASSISTIVE PERSONS

7E - NURSE HEALTH PROGRAMS

8 - OPTOMETRISTS

8A - EYE CARE CONSUMER PROTECTION L

9 - ACCOUNTANTS

10 - VETERINARIANS

10A - ANIMAL EUTHANASIA TECHNICIAN

11 - CHIROPODISTS-PODIATRISTS

12 - ARCHITECTS

13 - ENGINEERS

13A - LAND SURVEYORS

14 - OSTEOPATHIC PHYSICIANS AND SU

14A - ASSISTANTS TO OSTEOPATHIC PH

15 - NURSE-MIDWIVES

16 - CHIROPRACTORS

17 - SANITARIANS

18 - PRIVATE INVESTIGATIVE AND SEC

19 - FORESTERS

20 - PHYSICAL THERAPISTS

20A - ATHLETIC TRAINERS

21 - PSYCHOLOGISTS; SCHOOL PSYCHOL

22 - LANDSCAPE ARCHITECTS

23 - RADIOLOGIC TECHNOLOGISTS

24 - QUALIFICATION OF ARMED FORCES

25 - NURSING HOME ADMINISTRATORS

26 - HEARING-AID DEALERS AND FITTE

27 - BOARD OF BARBERS AND COSMETOL

28 - WEST VIRGINIA OCCUPATIONAL TH

29 - LAW-ENFORCEMENT TRAINING AND

29A - STANDARDS FOR PROFESSIONAL F

30 - SOCIAL WORKERS

31 - LICENSED PROFESSIONAL COUNSEL

32 - SPEECH-LANGUAGE PATHOLOGISTS

33 - TATTOO STUDIO BUSINESS

34 - BOARD OF RESPIRATORY CARE PRA

35 - BOARD OF DIETITIANS

36 - ACUPUNCTURISTS

37 - MASSAGE THERAPISTS

38 - THE REAL ESTATE APPRAISER LIC

38A - APPRAISAL MANAGEMENT COMPANI

39 - UNIFORM ATHLETE AGENTS ACT

40 - WEST VIRGINIA REAL ESTATE LIC

WVC 30- CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

WVC 30 - 1 B- ARTICLE 1B. PROVISIONS APPLICABLE TO MILITARY MEMBERS AND THEIR SPOUSES. WVC 30 - 1 B- 1 §30-1B-1. Legislative findings and declarations.

     The Legislature finds that:

     (1) In recognition of the enormous sacrifices made by members of the Armed Forces of the United States of America and their families in voluntary service to this state and our nation, the citizens of West Virginia must endeavor to find new and innovative ways to improve the lives of military families and support their personal and professional growth;

     (2) Many current and former members of the United States Armed Forces have acquired extensive academic, professional and occupational training and experience in various professions and occupations while serving in the Armed Forces, comparable to or exceeding that required in this state to register for examination or qualify for licensure, certification or registration for similar or related occupations and professions;

     (3) Military families are ten times more likely to move from one state to another than their civilian counterparts, and 35% of military spouses work in professions that require state licenses, certifications or registrations;

     (4) Armed forces members who return to this state after being called to active duty service, and spouses accompanying armed forces members outside of this state or to this state for active duty, are frequently delayed in beginning employment as professionals because of issues with obtaining licenses, certifications or registrations upon arrival or return to West Virginia;

     (5) The boards in this chapter have the particular expertise necessary to evaluate and determine the adequacy of military education, training and experience for licensure, certification or registration and to adopt procedures that ease the burden of transition for military families through waivers, temporary licensing, or otherwise, while ensuring competency of professionals and protecting the citizens of the state from harm. WVC 30 - 1 B- 2 §30-1B-2. Consideration of military education, training and experience for licensure or registration, generally.

     (a) Except as provided in section eight of this article, and notwithstanding any law to the contrary, all boards referred to in this chapter shall, upon presentation of satisfactory evidence by an applicant for licensure, certification or registration, consider the individual's education, training or experience as a member of the Armed Forces or Reserves of the United States, the National Guard of any state, or the military reserves of any state, as part of the evaluation process toward the qualifications to receive, or take examination for, that respective professional license, certification or registration. WVC 30 - 1 B- 3 §30-1B-3. Licensure, certification or registration of persons on military active duty outside this state; extension of licenses or registration; waiver of certain license, certification or registration requirements.

     (a) During periods when the licensee, certificate holder or registrant is on active duty as a member of the Armed Forces of the United States and deployed outside of this state, and for six months after discharge from active duty, his or her license, certification or registration shall continue in good standing and shall be renewed, upon receipt of a waiver request pursuant to subsection (b) of this section:

     (1) Without meeting continuing education requirements for the license, certification or registration when:

     (A) Circumstances associated with the military duty prevent the obtaining of continuing education, or

     (B) The licensee, certificate holder or registrant performs the profession or occupation as part of his or her military duties, as may be evidenced by annotation on Defense Department Form 214 (DD214), National Guard Bureau Form 22 (NGB22) or other official record; and

     (2) Without payment of fees for the renewal of the license, certification or registration.

     (b) The licensee, certificate holder or registrant shall submit a waiver request to the appropriate board, informing the board of circumstances which include, but are not limited to, being deployed outside of this state. WVC 30 - 1 B- 4 §30-1B-4. Licensure, certification or registration of spouses of persons on military active duty outside this state; extension of licenses or registration; waiver of certain license, certification or registration requirements.

     (a) During periods when the licensee, certificate holder or registrant is accompanying his or her spouse who is on active duty as a member of the Armed Forces of the United States and deployed outside of this state, and for six months after his or her spouse is discharged from active duty, his or her license, certification or registration shall continue in good standing and shall be renewed, upon receipt of a waiver request pursuant to subsection (b) of this section:

     (1) Without meeting continuing education requirements for the license, certification or registration when:

     (A) Circumstances associated with accompanying his or her spouse who is on active duty prevent the obtaining of continuing education, or

     (B) The licensee, certificate holder or registrant presents evidence that he or she performs or performed the profession or occupation while accompanying his or her spouse on active duty; and

     (2) Without payment of fees for the maintenance or renewal of the license, certification or registration.

     (b) The licensee, certificate holder or registrant shall submit a waiver request to the appropriate board informing the board of circumstances which include, but are not limited to, accompanying a spouse who is deployed outside of this state. WVC 30 - 1 B- 5 §30-1B-5. Temporary licensure, certification or registration of spouses of persons on military active duty; waiver of certain license, certification or registration fees.

     (a) Notwithstanding any law to the contrary, the spouse of a person who is on active duty as a member of the Armed Forces of the United States shall be issued a temporary license, certification or registration by a board referred to in this chapter within thirty days of submitting the following to the board:

     (1) A completed application for temporary license, certification or registration, as developed by the board;

     (2) The required application fee;

     (3) Proof that the applicant is married to a member of the Armed Forces of the United States who is on active duty; and

     (4) Proof that the applicant holds a valid license, certification or registration for the profession issued by another state, the District of Columbia, or a possession or territory of the United States, and whose license, certification or registration is not and has not been the subject of disciplinary action in that jurisdiction.

     (b) Notwithstanding subsection (a), a board may require the applicant to submit to a criminal history records check, to be paid for by the applicant, and the board may deny a request for a temporary license, certification or registration if the criminal history records check provides reason to believe that the applicant does not meet the requirements of the board or presents a safety risk to the public.

     (c) A temporary license expires six months after the date of issuance and is not renewable.

     (d) An applicant under this section may submit an application for waiver of the temporary license application fee, and the board shall grant the waiver if the applicant has paid a fee for his or her previous license, certification, or registration in another state, the District of Columbia, or a possession or territory of the United States, within six months immediately prior to submitting an application for temporary license, certification or registration. The applicant shall provide proof of the date and amount of the previous payment. WVC 30 - 1 B- 6 §30-1B-6. Rule-making authority.

     The Boards referred to in this chapter may 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. Proposed rules may:

     (1) Establish criteria or requirements for military education, training and experience that qualify the applicant to take an examination for licensure, certification or registration or for a waiver of any examination requirement to be licensed, certified or registered; and

     (2)Implement the provisions of this article while ensuring competency, protecting the citizens of this state from harm, and addressing issues specific to each profession. WVC 30 - 1 B- 7 §30-1B-7. Data collection.

     (a) The boards referred to in this chapter shall require an applicant to state on the application form that he or she is an active duty member of the armed forces of the United States or is a spouse of an active duty member of the armed forces of the United States.

     (b) The boards referred to in this chapter shall include the following information in their annual reports, as required in section seventeen, article one of this chapter:

     (1) The number of licenses, certificates and/or registrations issued pursuant to this article;

     (2) The amount of fees waived pursuant to this article;

     (3) The number of persons who had continuing education requirements waived pursuant to this article; and

     (4) The number of temporary licenses issued pursuant to this article. WVC 30 - 1 B- 8 §30-1B-8. Applicability.

     The provisions of this article do not apply to the boards referred to in this chapter whose license, certification, or registration requirements are subject to the provisions of article twenty-four of this chapter. WVC 30 - 1 B- 9 §30-1B-9. Liberality of construction.

     This article shall be liberally construed and applied to promote the public interest.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§30 - 1 - 21 - (New Code)
§30 - 3 - 10 A - (Amended Code)
§30 - 3 E- 14 - (Amended Code)
§30 - 4 - 15 - (Amended Code)
§30 - 5 - 17 - (Amended Code)
§30 - 7 - 6 A - (Amended Code)
§30 - 7 - 6 B - (New Code)
§30 - 7 A- 6 A - (New Code)
§30 - 8 - 16 - (Amended Code)
§30 - 14 - 12 B - (Amended Code)
§30 - 16 - 7 A - (New Code)
§30 - 20 - 13 - (Amended Code)
§30 - 21 - 17 - (Amended Code)
§30 - 28 - 8 A - (Amended Code)
SENATE BILL - 4
PASSED - Regular Session

SB4 SUB1 enr  (Uploaded - 10/02/2017)
Allowing licensed professionals donate time to care of indigent and needy in clinical setting
§30 - 29 - 12 - (New Code)
SENATE BILL - 230
PASSED - Regular Session

sb230 sub1 enr  (Uploaded - 10/06/2017)
Relating to certain WV officials carrying concealed firearm nationwide
§30 - 31 - 3 - (Amended Code)
§30 - 31 - 6 - (Amended Code)
§30 - 31 - 8 - (Amended Code)
§30 - 31 - 9 - (Amended Code)
SENATE BILL - 350
PASSED - Regular Session

SB350 SUB1 enr  (Uploaded - 10/02/2017)
Allowing licensed professional counselors be issued temporary permit
§30 - 3 F- 1 - (New Code)
§30 - 3 F- 2 - (New Code)
§30 - 3 F- 3 - (New Code)
§30 - 3 F- 4 - (New Code)
§30 - 3 F- 5 - (New Code)
HOUSE BILL - 2301
PASSED - Regular Session

HB2301 SUB ENR  (Uploaded - 10/06/2017)
Relating to direct primary care
§30 - 27 - 15 - (New Code)
HOUSE BILL - 2347
PASSED - Regular Session

HB2347 SUB ENR  (Uploaded - 10/06/2017)
Allowing schools licensed to provide barber, cosmetology and related training to hold theory classes and clinical classes at different locations
§30 - 27 - 12 - (Amended Code)
HOUSE BILL - 2348
PASSED - Regular Session

hb2348 ENR  (Uploaded - 10/06/2017)
Eliminating any requirement that class hours of students be consecutive
§30 - 3 - 18 - (New Code)
§30 - 14 - 12 - (Amended Code)
§30 - 14 - 16 - (New Code)
HOUSE BILL - 2359
PASSED - Regular Session

HB2359 SUB ENR  (Uploaded - 10/06/2017)
Relating to offenses and penalties for practicing osteopathic medicine without a license
§30 - 14 - 14 - (Amended Code)
§30 - 14 - 15 - (Repealed Code)
HOUSE BILL - 2503
PASSED - Regular Session

HB2503 SUB ENR  (Uploaded - 10/06/2017)
Relating to the rulemaking authority for Board of Osteopathic Medicine
§30 - 3 - 13 A - (Amended Code)
§30 - 14 - 12 D - (Amended Code)
HOUSE BILL - 2509
PASSED - Regular Session

HB2509 SUB ENR  (Uploaded - 10/06/2017)
Relating to the practice of telemedicine
§30 - 5 - 7 - (Amended Code)
HOUSE BILL - 2518
PASSED - Regular Session

hb2518 ENR  (Uploaded - 10/06/2017)
Creating a legislative rule to permit a pharmacist or pharmacy intern to administer certain immunizations
§30 - 7 F- 1 - (New Code)
§30 - 7 F- 2 - (New Code)
§30 - 7 F- 3 - (New Code)
§30 - 7 F- 4 - (New Code)
§30 - 7 F- 5 - (New Code)
§30 - 7 F- 6 - (New Code)
§30 - 7 F- 7 - (New Code)
§30 - 7 F- 8 - (New Code)
§30 - 7 F- 9 - (New Code)
§30 - 7 F- 10 - (New Code)
§30 - 7 F- 11 - (New Code)
HOUSE BILL - 2522
PASSED - Regular Session

hb2522 ENR  (Uploaded - 10/06/2017)
Nurse licensure compact
§30 - 3 - 12 - (Amended Code)
§30 - 3 - 14 - (Amended Code)
§30 - 14 - 11 - (Amended Code)
§30 - 14 - 12 A - (Amended Code)
HOUSE BILL - 2628
PASSED - Regular Session

hb2628 ENR  (Uploaded - 10/06/2017)
Relating generally to the powers and duties of the Board of Medicine and the Board of Osteopathic Medicine
§30 - 1 - 5 - (Amended Code)
HOUSE BILL - 2631
PASSED - Regular Session

HB2631 SUB ENR  (Uploaded - 10/06/2017)
Relating to time standards for disposition of complaint proceedings
§30 - 27 - 8 - (Amended Code)
§30 - 27 - 10 - (Amended Code)
HOUSE BILL - 2691
PASSED - Regular Session

hb2691 ENR  (Uploaded - 10/06/2017)
Allowing a person who is qualified by training to be a barber and a cosmetologist to elect to practice solely as a barber
§30 - 1 - 7 A - (Amended Code)
HOUSE BILL - 2804
PASSED - Regular Session

HB2804 SUB ENR  (Uploaded - 10/06/2017)
Removing chiropractors from the list of medical professions required to obtain continuing education on mental health conditions common to veterans and family members
§30 - 1 - 12 - (Amended Code)
HOUSE BILL - 2833
PASSED - Regular Session

hb2833 ENR  (Uploaded - 10/06/2017)
Specifying the contents and categories of information for inclusion in annual reports
§30 - 5 - 11 A - (New Code)
HOUSE BILL - 2846
PASSED - Regular Session

HB2846 SUB ENR  (Uploaded - 10/06/2017)
Including high school students participating in a competency based pharmacy technician education and training program as persons qualifying to be a pharmacy technician trainee
§30 - 1 - 5 A - (New Code)
HOUSE BILL - 3022
PASSED - Regular Session

hb3022 ENR  (Uploaded - 10/06/2017)
Relating to the reporting of fraud, misappropriation of moneys, and other violations of law to the commission on special investigations
§30 - 3 - 5 - (Amended Code)
§30 - 3 E- 1 - (Amended Code)
§30 - 3 E- 2 - (Amended Code)
§30 - 3 E- 3 - (Amended Code)
§30 - 3 E- 4 - (Amended Code)
§30 - 3 E- 6 - (Amended Code)
§30 - 3 E- 7 - (Amended Code)
§30 - 3 E- 8 - (Repealed Code)
§30 - 3 E- 9 - (Amended Code)
§30 - 3 E- 10 - (Amended Code)
§30 - 3 E- 11 - (Amended Code)
§30 - 3 E- 12 - (Amended Code)
§30 - 3 E- 12 A - (New Code)
§30 - 3 E- 15 - (Amended Code)
§30 - 3 E- 16 - (Amended Code)
§30 - 3 E- 17 - (Amended Code)
SENATE BILL - 1014
PASSED - 1st Special Session

sb1014 enr  (Uploaded - 10/06/2017)
Relating generally to physician assistants
§30 - 3 - 13 - (Amended Code)
SENATE BILL - 47
PASSED - Regular Session

SB47 SUB2 ENR  (Uploaded - 03/11/2016)
Rewriting licensing requirements for practice of medicine and surgery and podiatry
§30 - 3 - 14 - (Amended Code)
§30 - 3 E- 17 - (Amended Code)
§30 - 5 - 14 - (Amended Code)
§30 - 7 - 11 - (Amended Code)
§30 - 14 - 11 - (Amended Code)
SENATE BILL - 123
PASSED - Regular Session

SB123 ENR  (Uploaded - 02/17/2016)
Treatment for sexually transmitted diseases
§30 - 9 - 2 - (Amended Code)
§30 - 9 - 3 - (Amended Code)
§30 - 9 - 7 - (Amended Code)
§30 - 9 - 33 - (New Code)
§30 - 9 - 34 - (New Code)
SENATE BILL - 271
PASSED - Regular Session

SB271 ENR  (Uploaded - 03/08/2016)
Regulating practice of accountancy
§30 - 18 - 10 - (Amended Code)
SENATE BILL - 376
PASSED - Regular Session

SB376 SUB1 ENR  (Uploaded - 03/16/2016)
Expanding authority of Secretary of State and State Police
§30 - 27 - 1 - (Amended Code)
§30 - 27 - 3 - (Amended Code)
§30 - 27 - 4 - (Amended Code)
§30 - 27 - 5 - (Amended Code)
§30 - 27 - 8 - (Amended Code)
§30 - 27 - 8 A - (Amended Code)
§30 - 27 - 8 B - (New Code)
§30 - 27 - 9 - (Amended Code)
§30 - 27 - 10 - (Amended Code)
§30 - 27 - 11 - (Amended Code)
§30 - 27 - 12 - (Amended Code)
§30 - 27 - 13 - (Amended Code)
§30 - 27 - 14 - (Amended Code)
§30 - 27 - 16 - (Amended Code)
§30 - 27 - 17 - (Amended Code)
§30 - 27 - 18 - (Amended Code)
§30 - 27 - 19 - (Amended Code)
SENATE BILL - 524
PASSED - Regular Session

SB524 SUB1 ENR  (Uploaded - 03/18/2016)
Rewriting Board of Barbers and Cosmetologists article
§30 - 3 A- 2 - (Amended Code)
SENATE BILL - 627
PASSED - Regular Session

SB627 ENR  (Uploaded - 03/11/2016)
Permitting physician to decline prescribing controlled substance
§30 - 5 - 12 B - (Amended Code)
§30 - 5 - 34 - (Amended Code)
HOUSE BILL - 4033
PASSED - Regular Session

hb4033 ENR  (Uploaded - 03/18/2016)
Adding criminal penalties for the unauthorized practice of pharmacists care
§30 - 7 - 1 - (Amended Code)
§30 - 7 - 2 - (Amended Code)
§30 - 7 - 4 - (Amended Code)
§30 - 7 - 6 - (Amended Code)
§30 - 7 - 7 - (Amended Code)
§30 - 7 - 15 A - (Amended Code)
§30 - 7 - 15 B - (Amended Code)
§30 - 7 - 15 C - (Amended Code)
§30 - 7 - 15 D - (New Code)
§30 - 7 - 15 E - (New Code)
§30 - 15 - 1 - (Repealed Code)
§30 - 15 - 2 - (Repealed Code)
§30 - 15 - 3 - (Repealed Code)
§30 - 15 - 4 - (Repealed Code)
§30 - 15 - 5 - (Repealed Code)
§30 - 15 - 6 - (Repealed Code)
§30 - 15 - 7 - (Repealed Code)
§30 - 15 - 7 A - (Repealed Code)
§30 - 15 - 7 B - (Repealed Code)
§30 - 15 - 7 C - (Repealed Code)
§30 - 15 - 8 - (Repealed Code)
HOUSE BILL - 4334
PASSED - Regular Session

hb4334 ENR  (Uploaded - 03/17/2016)
Clarifying the requirements for a license to practice as an advanced practice registered nurse and expanding prescriptive authority
§30 - 1 - 5 - (Amended Code)
§30 - 1 D- 1 - (New Code)
HOUSE BILL - 4340
PASSED - Regular Session

hb4340 ENR  (Uploaded - 03/09/2016)
Amending licensing requirements for an act which may be called Lynette’s Law
§30 - 2 - 4 - (Amended Code)
HOUSE BILL - 4360
PASSED - Regular Session

HB4360 SUB ENR  (Uploaded - 03/11/2016)
Increasing the criminal penalty for the unlawful practice of law
§30 - 8 - 9 - (Amended Code)
HOUSE BILL - 4428
PASSED - Regular Session

hb4428 ENR  (Uploaded - 03/15/2016)
hb4428 intr ENR  (Uploaded - 03/15/2016)
Clarifying that optometrists may continue to exercise the same prescriptive authority which they possessed prior to hydrocodone being reclassified
§30 - 3 - 13 A - (New Code)
§30 - 14 - 12 D - (New Code)
HOUSE BILL - 4463
PASSED - Regular Session

HB4463 SUB ENR  (Uploaded - 03/15/2016)
Permitting the practice of telemedicine
§30 - 21 - 7 - (Amended Code)
HOUSE BILL - 4594
PASSED - Regular Session

hb4594 ENR  (Uploaded - 03/15/2016)
hb4594 intr ENR  (Uploaded - 03/15/2016)
Relating to predoctoral psychology internship qualifications
§30 - 26 - 4 - (Amended Code)
§30 - 26 - 6 - (Amended Code)
§30 - 26 - 7 - (Amended Code)
HOUSE BILL - 4651
PASSED - Regular Session

hb4651 ENR  (Uploaded - 03/09/2016)
Relating to professional examination requirements for hearing-aid dealers and fitters
§30 - 7 - 4 - (Amended Code)
HOUSE BILL - 4654
PASSED - Regular Session

hb4654 ENR  (Uploaded - 03/07/2016)
Relating to the Executive Secretary of the Board of Registered Professional Nurses
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