Title 31 W. Va. C.S.R.

Dietitians Dietitians

Series 01 Licensure and Renewal Requirements

W. Va. Code R. § 31-1-1 General

1.1. Scope. -- This rule establishes examination, licensure, discipline, fees and renewal requirements for licensees and applicants for licensure.

1.2. Authority. -- W. Va. Code §30-35-4 & §30-1-24

1.3. Filing Date. – April 4, 2024

1.4. Effective Date. -- July 1, 2024

1.5. Sunset Provision. -- This rule shall terminate and have no further force after August 1, 2030.

W. Va. Code R. § 31-1-2 Definitions

2.1. “Board” means the Board of Licensed Dietitians.

2.2. “Commission on Dietetic Registration” means the commission on dietetic registration (CDR) that is a member of the national commission for health certifying agencies.

2.3. “False or Deceptive Advertising” means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results or includes representations or implications that in reasonable probability will cause an ordinary prudent person to misunderstand or be deceived.

2.4. “Unreversed”, as that term refers to a criminal conviction, means that a conviction has not been set aside, vacated, pardoned, or expunged. 2.5 “Website” means the web pages published under the WV Board of Licensed Dietitians Domain.

W. Va. Code R. § 31-1-3 Board Approval for Licensure

3.1. The Board shall issue a license to an applicant who meets the requirements of W. Va. Code §§30-35-1 et seq. and rules promulgated by the Board.

W. Va. Code R. § 31-1-4 Licensure Qualifications

4.1. An applicant for licensure by the Board as a dietitian applicant shall:

4.1.1. Make application to the Board using forms found on the website;

4.1.2. Pay to the Board the appropriate application fee; and renewal fees;

4.1.2.1. Original license $ 69.00;

4.1.2.2. Renewal fee $ 69.00;

4.1.2.3. Reinstatement fee $ 46.00;

4.1.2.4. Pro-rated fee of $35.00 for any individual applying for an active license between January 1 and June 30.

4.1.3. A charge of $ 10.00 will be assessed for each license paper verification per state.

4.1.4. Take the required written examination at any of the sites approved by the CDR at any time the sites are open to administer the exam.

W. Va. Code R. § 31-1-5 Waiver of Requirements

5.1. The Board shall not grant a waiver from the written examination for an individual who holds a current license from another state with equivalent standards or who holds the registration by the Commission on Dietetic Registration unless the applicant has filed the license application, including required documentation, and paid the application fee as stated in 4.1.2.1.

W. Va. Code R. § 31-1-6 Provisional Permit

6.1. The purpose of the provisional permit is to allow an individual who has not yet passed the required examination to practice dietetics after completing the education and post-graduate professional experience as required by W. Va. Code §30-35-7.

6.2. The Board shall issue the provisional permit for a period of one (1) year.

6.3. The permittee may renew a provisional permit annually for up to three (3) years upon proof of the completion of a minimum of ten (10) hours of continuing professional education in the previous one (1) year permit period, a satisfactory explanation of the failure to become fully licensed, the completion of the provisional permit renewal application form, and the payment of the provisional permit renewal fee of $46.00.

W. Va. Code R. § 31-1-7 Renewal

7.1. The license of every person licensed under W. Va. Code §30-35 shall be renewed annually except as otherwise provided by W. Va. Code §§30-35-1 et seq.

7.2. Every person licensed under W. Va. Code §§30-35-1 et seq., requesting renewal of a license shall:

7.2.1. Pay to the Board the license renewal fee as stated in 4.1.2.2;

7.2.2. Submit an application for renewal on the professional license renewal form prescribed by the Board;

7.2.3. Complete a minimum of twenty (20) hours of continuing professional education activities every two (2) years in compliance with the Board’s rule Continuing Professional Education Requirements 31 CSR 5.

7.2.4. Provide evidence of completion of continuing education during the previous two (2) year period on a form provided by the Board and submitted with the renewal application for licensure. The documentation is required every two years and is not required to accompany the applications for the intervening years.

7.3. Upon receipt of a written application and documented proof that a licensed dietitian has been unable to comply with the continuing education requirements of this section due to illness, injury or other documented reasons, the Board may waive this continuing education requirement.

7.4. A suspended license is subject to expiration and may be renewed as provided in this section. A licensee with a suspended license who renews the license, may not engage in the licensed activity, or in any other conduct or activity in violation of the order of judgment by which the license was suspended, until the Board reinstates the license.

7.5. A license revoked on disciplinary grounds will expire. The Board shall reinstate a revoked license after its expiration when the licensee, as a condition of reinstatement, pays a reinstatement fee that equals the renewal fee in effect on the last regular renewal date immediately preceding the date of reinstatement, plus a professional license reinstatement fee as stated in paragraph 4.1.2.3 of this rule.

W. Va. Code R. § 31-1-8 Reinstatement of Expired Licenses

8.1. The Board may reinstate the licenses of licensees who fail to renew their licenses by the end of the license period.

8.1.1. For a licensee who has allowed his or her license to lapse for a period not to exceed three years, the license may be reinstated by the Board. The applicant for reinstatement shall:

8.1.1.1. Submit a written request for reinstatement of their professional license to the Board, including a satisfactory explanation for the failure to renew, within three (3) years after the expiration date of his or her license;

8.1.1.2. Complete ten (10) hours of approved continuing education for each year the license has lapsed; and

8.1.1.3. Pay to the Board the annual renewal fee in effect on the last regular renewal date immediately preceding the date of reinstatement, and the professional license reinstatement fee as stated in paragraph 4.1.2.3 of this rule. 8.1.2 For a licensee who has allowed his or her license to lapse for a period in excess of three (3) years, the license may be reinstated by the Board. The applicant for reinstatement shall:

8.1.2.1. Submit a written request for reinstatement of their professional license to the Board;

8.1.2.2. Submit their registration number provided through CDR to verify credential; and

8.1.2.3. Pay to the Board the licensing fee as stated in 4.1.2.1.

W. Va. Code R. § 31-1-9 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Dietitians

9.1. The Board may deny an application for license or a provisional permit, place a licensee on probation, suspend a license or provisional permit, limit or restrict a license or provisional permit or revoke any license or provisional permit issued by the Board, upon satisfactory proof that the licensee has:

9.1.1. Knowingly made, or presented or caused to be made or presented, any false, fraudulent or forged statement, writing, certificate, diploma or other material in connection with an application for a license;

9.1.2. Been or is involved in fraud, forgery, deception, collusion or conspiracy in connection with an examination for a license;

9.1.3. Become addicted to a controlled substance;

9.1.4. Become a chronic or persistent alcoholic;

9.1.5. Engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public or member of the public;

9.1.6. Willfully violated a confidential communication with a client or patient;

9.1.7. Demonstrated a lack of professional competence to practice medical nutrition therapy or other nutrition or dietetic-related services with a reasonable degree of skill and safety for patients;

9.1.8. Been convicted of or found guilty of a crime in any jurisdiction which directly relates to the practice of medical nutrition therapy or other nutrition or dietetic-related services. A plea of nolo contendere may be considered conviction for the purposes of this rule;

9.1.9. Failed to report to the Board any person whom the licensee knows is in violation of this rule or of provisions of article thirty-five of chapter thirty of the West Virginia code;

9.1.10. Aided, assisted, procured or advised any unlicensed person to practice as a licensed dietitian contrary to this rule or provisions of article thirty-five of chapter thirty of the West Virginia code;

9.1.11. Failed to perform any statutory or legal obligation placed upon a licensed dietitian;

9.1.12. Made or filed a report which the licensee knows to be false, or intentionally or negligently failed to file a report or record required by state or federal law;

9.1.13. Paid or received any commission, bonus, rebate or other financial incentive, or engaged in any split-fee arrangement with any organization, agency or person, for referring patients to providers of health care goods and services, including, but not limited to, hospitals, nursing homes, clinical laboratories, renal dialysis facilities or pharmacies;

9.1.14. Exercised influence on a patient or client for purposes of exploiting for financial gain or engaging in sexual activity;

9.1.15. Failed to keep written records justifying the course of treatment of the patient, including, but not limited to, patient histories, examination results and treatment;

9.1.16. Engaged in false or deceptive advertising; advertised, practiced or attempted to practice under a name other than his or her own; charged or collected any fee for any type of services rendered within forty-eight (48) hours of the initial visit, if the licensee advertised free consultation or treatment;

9.1.17. Charged an excessive or unconscionable fee. If the Board finds that an excessive or unconscionable fee has been charged and collected, the Board may require the licensee to reduce or reimburse the fee. Factors to be considered in determining the reasonableness of a fee include the following:

9.1.17.1. The time and effort required;

9.1.17.2. The novelty and difficulty of the procedure or treatment;

9.1.17.3. The skill required to perform the procedure or treatment properly;

9.1.17.4. Any requirements or conditions imposed by the patient or circumstances;

9.1.17.5. The nature and length of the professional relationship with the patient;

9.1.17.6. The experience, reputation and ability of the licensee; and

9.1.17.7. The nature of the circumstances under which the services are provided.

9.2. The Board may not disqualify an applicant from initial licensure to engage in a profession or occupation because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the profession of Dietetics or Nutrition Therapy requiring licensure. In determining whether a criminal conviction bears a rational nexus to a profession or occupation, the board shall consider at a minimum:

9.2.1. The nature and seriousness of the crime for which the individual was convicted;

9.2.2. The passage of time since the commission of the crime;

9.2.3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and

9.2.4. Any evidence of rehabilitation or treatment undertaken by the individual.

9.3. Because the term “moral turpitude” is vague and subject to inconsistent applications, boards may not rely upon the description of a crime for which an applicant has been convicted as one of “moral turpitude” as a basis for denying licensure: Provided, That if the prior conviction for the underlying crime bears a rational nexus to the profession or occupation requiring licensure, the board may consider the conviction.

9.4. If an applicant is disqualified from licensure because of a prior criminal conviction, a board shall permit the applicant to apply for initial licensure if:

9.4.1. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later; 9.4.2 The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and

9.4.3. The conviction was not for an offense of a violent or sexual nature: Provided, that a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the board.

9.5. An individual with a criminal record who has not previously applied for licensure may petition the board at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license. This petition shall include sufficient details about the individual’s criminal record to enable the board to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction. The board shall provide the determination within 60 days of receiving the petition from the applicant. The board may charge a fee to recoup its costs for each petition.

9.6. The requirements of this section do not apply to the criteria that boards may consider when making determinations regarding relicensure or discipline of licensees.

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Series 02 Code Of Professional Ethics

W. Va. Code R. § 31-2-1 General

1.1. Scope. -- This rule establishes the definitions for the scope of practice for licensees and a code of professional ethics for licensees and applicants for licensure.

1.2. Authority. -- W. Va. Code §30-35-4.

1.3. Filing Date. -- June 26, 2002.

1.4. Effective Date. -- July 1, 2002.

W. Va. Code R. § 31-2-2 Scope of Practice Definitions

2.1. “Nutrition counseling services” means the development of an individualized nutrition plan for the purpose of disease management, based on a nutritional diagnostic assessment, to achieve optimal nutritional status. It can contain recommendation of an appropriate diet and supplementation program, including but not limited to micro-nutrients, macro-nutrients, vitamins and minerals.

2.2. “Nutritional diagnostic assessment” means the evaluation of an individual’s nutritional needs for the purpose of disease management to determine factors necessary to restore or maintain optimal nutritional status. The term may include, but is not limited to the following modalities:

2.2.1. Medical history;

2.2.2. Diet/lifestyle history;

2.2.3. Anthropometric measurements;

2.2.4. Physical signs; and

2.2.5. Biochemical data, including laboratory tests.

2.3. “Nutrition therapy” means the intervention and treatment of a disease or medical condition through the modification of nutrient or whole-food intake to achieve optimal clinical outcomes and includes specialized nutrition therapy and nutrition counseling services.

2.4. “Other nutritional services” means nutrition related services to promote the general health, well-being and the primary prevention of chronic diseases or conditions based on sound scientific findings and/or research.

W. Va. Code R. § 31-2-3 Code of Ethics

3.1. A licensed dietitian shall provide professional services with objectivity and with respect to the dietetic and nutritional needs and values of an individual.

3.2. A licensed dietitian shall avoid discrimination on the basis of factors that are irrelevant to provision of professional services, including, but not limited to: race, creed, sex, age or handicap.

3.3. A licensed dietitian shall accurately present professional qualifications and credentials.

3.4. A licensed dietitian shall permit the use of his or her name for the purpose of certifying that dietetic and nutritional services have been rendered only if the licensed dietitian has provided or supervised those services.

3.5. A licensed dietitian shall remain free of conflict of interest while fulfilling the objectives and maintaining the integrity of the dietetic profession.

3.6. A licensed dietitian shall advance and promote the profession while maintaining professional judgement, honesty, integrity and trust to colleagues, clients, and the public.

3.7. A licensed dietitian shall promote or endorse products only in a manner that is true and not misleading.

3.8. A licensed dietitian shall evaluate the dietetic and nutritional needs of individuals and groups based upon appropriate biochemical, physical, and dietary data.

3.9. A licensed dietitian shall advise and assist individuals and groups on appropriate nutrition intake as components of preventive, curative, and restorative health care by integrating information about nutrition assessment with information on food and other sources of nutrition and meal preparation consistent with the individual’s or group’s cultural background and socio-economic status.

3.10. A licensed dietitian shall integrate and apply scientific principles of food, nutrition, biochemistry, physiology and management, and the behavioral and social sciences in achieving and maintaining the health of people through the life cycle and in the treatment of disease.

3.11. A licensed dietitian shall implement methods of practice to include nutrition assessments; development, implementation, management and evaluation of nutrition care plans, nutrition counseling and education; and the development and administration of nutrition care standards and systems.

3.12. A licensed dietitian shall establish standards to include:

3.12.a. Assessing dietetic and nutritional needs of individuals and groups, and determining resources and constraints in the practice setting;

3.12.b. Establishing priorities, goals and objectives that meet dietetic and nutritional needs that are consistent with available resources and constraints;

3.12.c. Providing dietetic and nutritional counseling in health and disease;

3.12.d. Developing, implementing, managing and evaluating appropriate dietetic and nutritional care systems; and

3.12.e. Developing, evaluating, altering and maintaining appropriate standards of quality in food and dietetic and nutritional care services.

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Series 03 Contested Case Hearing Procedure

W. Va. Code R. § 31-3-1 General

1.1. Scope. -- These procedural rules establish procedures for the adjudication of contested case hearings before the Board.

1.2. Authority. -- W. Va. Code ''30-35-4 et seq., 30-1-1 et seq., and 29A-5-1 et seq.

1.3. Filing Date. -- January 23, 2001.

1.4. Effective Date. -- February 23, 2001.

W. Va. Code R. § 31-3-2 Definitions

The following words and phrases as used in these rules shall have the following meanings, unless the context otherwise requires:

2.1. "Board" means the West Virginia Board of Licensed Dietitians.

2.2. "Demanding party" means an individual who has been denied a license to practice dietetics by the Board and who, as a result, demands that a hearing be held before the Board on the issue of such denial.

2.3. "Charged party" means an individual who holds a license to practice dietetics issued by the Board and who has been charged by the Board as described in section 3.4 of these rules.

2.4. "Licensee" means an individual who holds a license to practice dietetics by the Board.

W. Va. Code R. § 31-3-3 Hearing Procedures

3.1. Any person denied a license by the Board who believes such denial was in violation of W. Va. Code ''30-1-1 et seq. and/or 30-35-1 et seq. shall be entitled to a hearing on the action denying the license.

3.2. Any person who desires a hearing for the reason described in subsection 3.1 of this section must present a written demand for such to the Board.

3.3. When the Chairperson of the Board or his or her authorized designee is presented with such a demand for a hearing, he or she shall schedule a hearing not less than ten (10) nor more the thirty (30) days thereafter of receipt by him or her of such written demand, unless postponed to a later date by mutual agreement.

3.4. Charges may be instituted against any licensed dietitian by the Board when reasonable cause exists for believing that the licensed dietitian may have engaged in conduct or be in such condition that his or her license should be suspended, revoked or otherwise disciplined for one or more of the grounds set forth in W. Va. Code '30-35-1 et seq. or the Board's legislative rules. Charges may be based upon information received by way of a verified written complaint filed with the Board and further information gathered by the Board in the process of investigating such complaint. Charges may also be based upon information received solely through investigative activities undertaken by the Board.

3.5. Charges instituted against a licensee as described in subsection 3.4 of this section shall be set forth in a Complaint and Notice of Hearing issued in the name of the Board as the agency of the State regulating the practice of dietetics. Such Complaint and Notice of Hearing shall designate the Board as "Complainant", and shall designate the licensed dietitian involved in the proceeding as the "Respondent"; shall set out the substance of each offense charged with sufficient particularity to reasonably apprize the Respondent of the nature, time and place of the conduct or condition complained of therein; shall state the date, time and place for the hearing; and, may contain a statement of intention by the Board to appoint a hearing examiner.

3.6. The Board may amend the charges set forth in a Complaint and Notice of Hearing as it deems proper.

3.7. A Complaint and Notice of Hearing shall be served upon the demanding or charged party at least thirty (30) days prior to the date of the hearing.

3.8. Upon written motion received by the Board no later than twenty (20) days prior to the date of hearing, a more definite statement of the matters charged or the reasons stated for denial of licensure shall be provided to the demanding or charged party or his or her counsel, at least fifteen (15) days prior to the hearing date.

3.9. Hearings shall be conducted as follows:

a. Any party to a hearing shall have the right to be represented by an attorney-at-law, duly qualified to practice law in the State of West Virginia.

b. The Board may be represented by the West Virginia Attorney General's Office.

c. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded from the hearing. Furthermore, the rules of evidence as applied in civil cases in the circuit courts of this State shall be followed. However, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

d. The rules of privilege recognized by the law of this State shall be followed.

e. Objections to evidentiary offers shall be noted in the record. Any party to the hearing may vouch the record as to any excluded testimony or evidence.

f. Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate, may cross-examine witnesses called by the Board in support of the charges or in defense of its decision to deny licensure.

g. The hearing shall be held at such time and place as is designated by the Board, but no hearing shall be conducted unless at least thirty (30) days written notice thereof has been served upon the charged or demanding party and/or his or her attorney in person; or if he or she cannot be found, by delivering such notice at his or her usual place of abode, and giving information of its purport, to his wife or her husband, or to any other person found there who is a member of his or her family and above the age of sixteen (16) years; or if neither his wife or her husband nor any such person can be found there, and he or she cannot be found, by leaving such notice posted at the front door of such place of abode; or if he or she does not reside in this State, such notice may be served by the publication thereof once a week for three (3) consecutive weeks in a newspaper published in this State; or such notice may be served by registered or certified mail.

h. The hearing shall be open to the general public.

i. Members of the Board and its officers, agents and employees shall be competent to testify at the hearing as to material and relevant matters: Provided, that no member of the Board who testifies at such hearing shall thereafter participate in the deliberations or decisions of the Board with respect to the case in which he or she so testified.

j. The hearing may be conducted by one or more Board members or by a hearing examiner appointed by the Board.

k. A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Board's files. Upon request, a copy of the transcript shall be furnished to any party at his or her expense.

l. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

m. Where a hearing is held upon the instance of the Board after charges have been brought against a licensee pursuant to subsections 3.4 and 3.5 of this section the Board shall have the burden of proof and shall present its evidence and/or testimony in support of the charges first.

n. Where a hearing is held upon demand under the provisions of subsections 3.1, 3.2, 3.3 and 3.6 of this section, the demanding party shall have the burden of proof and shall therefore be required to present his or her evidence first.

o. Following the conclusion of the Board's presentation of evidence in accordance with subsection 3.10.m of this section, the Respondent or charged party shall have the right to submit his or her evidence in defense.

p. Following the conclusion of the demanding party's presentation of evidence in accordance with subsection 3.10.n of this section, the Board shall have the right to submit its evidence in defense.

q. The Board may call witnesses to testify in support of its decision to deny licensure or in support of the charges instituted against a licensee; may present such other evidence to support its position; and, may cross-examine witnesses called by the demanding party or charged party in support of his or her position.

r. All parties shall have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation.

s. Hearings held by the Board as a result of charges instituted against a licensee may be continued or adjourned to a later date or a different place by the Board or its designee by appropriate notice to all parties.

t. Motions for a continuance of a hearing may be granted upon showing of good cause. Motions for continuance must be in writing and received in the office of the Board no later than seven (7) days prior to the hearing date. In determining whether good cause exists, consideration will be given to the ability of the party requesting the continuance to proceed effectively without a continuance. A motion for a continuance filed less than seven (7) days from the date of hearing shall be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of hearing may be ruled on by the Executive Secretary or Assistant Executive Secretary of the Board or designated hearing examiner. All other motions for continuance shall be ruled on by the Board member(s) or the hearing examiner presiding over the hearing.

u. All motions related to a case set for hearing before the Board, except motions for continuance and those made during the hearing, shall be in writing and shall be received in the office of the Board at least ten (10) days before the hearing. Pre-hearing motions shall be heard at a pre-hearing conference or at the hearing prior to the commencement of testimony. The Board member(s) or the hearing examiner presiding at the hearing shall hear the motions and the response from the non-moving party and shall rule on such motions accordingly.

W. Va. Code R. § 31-3-4 Transcription of Testimony and Evidence

4.1. All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be recorded by the stenographic notes and characters or by mechanical means.

4.2. All recorded materials shall be transcribed. The Board shall have the responsibility to make arrangement for the transcription of the recorded testimony and evidence.

4.3. Upon the motion of the Board or any party assigning error or omission in any part of the transcript, the Board or its appointed hearing examiner shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

4.4. A transcript of the hearing shall be provided to all members of the Board for review at least ten (10) days before the vote is taken on its decision in any licensure or licensure disciplinary matter.

W. Va. Code R. § 31-3-5 Submission of Proposed Findings of Fact and Conclusions of Law

5.1. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Board or its duly appointed hearing examiner.

W. Va. Code R. § 31-3-6 Hearing Examiner

6.1. The Board may appoint a hearing examiner who shall be empowered to subpoena witnesses and documents, administer oaths and affirmations, examine witnesses under oath, rule on evidentiary matters, hold conferences for the settlement of simplification of issues by consent of the parties, cause to be prepared a record of the hearing so that the Board is able to discharge its functions and otherwise conduct hearings as provided in 19 CSR 5-3.10 herein.

6.2. Hearing examiners appointed by the Board are not authorized or empowered to grant, suspend, revoke or otherwise discipline any license.

6.3. The hearing examiner shall prepare recommended findings of fact and conclusions of law for submission to the Board. The Board may adopt, modify or reject such findings of fact and conclusions of law.

W. Va. Code R. § 31-3-7 Conferences; Informal Disposition of Cases

7.1. At any time prior to the hearing or thereafter, the Board, its designee or its duly appointed hearing examiner may hold conferences for the following purposes:

a. To dispose of procedural requests, pre-hearing motions or similar matters;

b. To simplify or settle issues by consent of the parties; or c. To provide for the informal disposition of cases by stipulation or agreement.

7.2. The Board or its appointed hearing examiner may cause such conferences to be held on its own motion or by the request of a party.

7.3. The Board may also initiate or consider stipulation or agreement proposals with regard to the informal disposition of cases and may enter into such stipulations and/or agreements without conference.

W. Va. Code R. § 31-3-8 Depositions

8.1. Evidentiary depositions may be taken and read or otherwise included into evidence as in civil actions in the circuit courts of this State.

W. Va. Code R. § 31-3-9 Subpoenas

9.1. Subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel the production of documents may be issued by the Board, its Executive Secretary, and by the hearing examiner appointed by the Board. Such subpoenas shall be issued pursuant to W. Va. Code '29A-5-1(b).

9.2. Written requests by a party for the issuance of subpoenas and subpoenas duces tecum as provided in subsection 9.1 of this section must be received by the Board no later than ten (10) days before a scheduled hearing. Any party requesting the issuance of subpoenas and subpoenas duces tecum shall see that they are properly served in accordance with W. Va. Code '29A-5-1(b).

W. Va. Code R. § 31-3-10 Orders

10.1. Any final order entered by the Board following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of W. Va. Code ''29A-5-3 and 30-1-8(d). Such orders shall be entered within forty-five (45) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law.

10.2. The findings of fact and conclusions of law must be approved by a majority of the Board either by a poll or vote at a regular meeting, before a final order is entered. A copy of the final order approved by a majority of the Board shall be served upon the demanding or charged party and/or his attorney of record, if any, within five (5) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 31-3-11 Appeal

11.1. An appeal from any final order entered in accordance with these rules shall comply with the provisions of W. Va. Code '30-1-9.

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Series 04 Disciplinary And Complaint Procedures

W. Va. Code R. § 31-4-1 General

1.1. Scope. -- This rule establishes the due process procedure for disciplinary and complaint procedures for the Board. The Board is charged with these duties in W. Va. Code §30-35-10.

1.2. Authority. -- W. Va. Code §§30-1-8 (h), 30-35-4 and 30-35-10.

1.3. Filing Date. -- August 8, 2002.

1.4. Effective Date. -- September 8, 2002.

W. Va. Code R. § 31-4-2 Application

This legislative rule applies to all licensed dietitians.

W. Va. Code R. § 31-4-3 Definitions

3.1. “West Virginia Dietitian Practice Act.” -- W. Va. Code §30-35-1 et seq.

3.2. “Adjudicatory hearing.” -- A formal administrative hearing before the Board or a designated hearing examiner, conducted to determine the truth and validity of complaints filed against a licensee. An adjudicatory hearing may result in disciplinary action including, but not limited to, suspension or revocation of a licensee’s license, reprimand, fine, censure or other limitation, including probation, on a licensee’s practice.

3.3. “Crimes involving moral turpitude.” -- Those crimes which have dishonesty as a fundamental and necessary element; including, but not limited to, crimes involving theft, embezzlement, false swearing, perjury, fraud or misrepresentation.

3.4. “Licensee” means any dietitian licensed by the Board of Licensed Dietitians and, except as noted, any dietitian granted a provisional permit by the Board.

3.5. “Medical nutrition therapy” or “nutrition therapy” means nutritional diagnostic assessment and nutrition therapy services for the purpose of disease management.

3.6. “Probation.” -- Imposing conditions and requirements upon a licensee for a period of time that the Board, in its discretion, determines to be justified under any provision of law. A licensee placed on probation may continue to practice subject to limitations imposed by the Board, including the requirements that the licensee appear before the Board, or an officer or agent of the Board, at times and places designated by the Board. A licensee may be placed on probation without a previous or concurrent suspension or revocation of his or her license.

W. Va. Code R. § 31-4-4 Disposition of Reports and Complaints

4.1. Any person, medical peer review committee, firm, corporation, members of the Board or public officer may make a complaint to the Board which charges a licensee with a violation of the W. Va. Code §30-36-1 et seq., or of the Rules of the Board. The Board may provide a form for that purpose, but a complaint may be filed in any written form. In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following:

4.1.1. The name and address of the individual against whom the complaint is lodged;

4.1.2. The date of care;

4.1.3. The name of individual who may have treated the patient after the alleged incident; and

4.1.4. The name of any health care institution in which the patient was an inpatient or outpatient after or during the alleged incident.

4.2. Reports submitted by a medical peer review committee, a dietitian, a physician, the chief executive officer of a hospital, a professional association, an insurer or any other person, in compliance with the provisions of W. Va. Code §30-3-14 (b) may result in the initiation of a complaint by the Board.

4.2.1. The Board may prepare forms for filing required reports and make them available upon request.

4.2.2. Any information regarding a complaint shall be sent by the Board to the licensed dietitian concerned for his or her written comment and he or she will submit a written reply within fifteen (15) days, or waive the right to do so.

4.2.3. Any requests for comment sent to licensed dietitians shall be considered properly served when sent to their last known address. It is the licensed dietitian’s responsibility to keep the Board informed of his or her appropriate current address.

4.2.4. Any individual or any medical entity having reason to believe that the conduct of a licensed dietitian amounts to professional malpractice or professional incompetence will be encouraged to report the information to the Board.

4.2.5. The chief executive officer of every hospital shall within sixty (60) days after completion of the hospital’s formal disciplinary procedure, and also after the commencement of and again after the conclusion of any resulting legal action, report in writing to the Board the name of any dietitian practicing in the hospital whose has been disciplined, together with all pertinent information relating to the action. The provisions of this section do not apply to any temporary suspension for failure to maintain records on a timely basis or for failure to attend staff or section meetings.

4.2.6. Any professional association of dietitians in this State comprised primarily of dietitians, which takes formal disciplinary action against a member relating to professional ethics, professional incompetence, professional malpractice, moral turpitude or drug or alcohol abuse, shall, within sixty (60) days of a final decision, report in writing to the Board the name of the member, together with all pertinent information relating to the action.

4.2.7. Every insurer providing professional liability insurance to a licensed dietitian in this State shall submit of the Board the following information within thirty (30) days from any judgement, dismissal or settlement of a civil action involving the insured: The date of any judgement, dismissal or settlement; whether any appeal has been taken on the judgement, and if so, by which party; the amount of any settlement or judgement against the insured; and any other information within the knowledge of the insurer as the Board required.

4.2.8. Within thirty (30) days after the conviction of a person known to be an dietitian licensed or otherwise lawfully practicing in this state, or applying to be licensed, of a felony under the laws of this State, or of any crime under the laws of this State involving alcohol or drugs in any way, including any controlled substance under state or federal law, the clerk of the court of record in which the conviction was entered shall forward to the Board a certified true and correct abstract of record or the convicting court. The abstract shall include the name and address of the dietitian or applicant, the nature of the offense committed and the final judgment and sentence of the court.

4.2.9. Information received by the Board under the provisions of W. Va. Code §30-35-1 et. seq., and this rule may be used by the Board in its determination as to whether to deny an application for a license or to initiate disciplinary action against a dietitian licensed in this State, and information may be submitted into evidence notwithstanding its prior use in any administrative civil or criminal hearing involving the applicant or licensed dietitian.

4.3. All communications with the Board charging a licensed dietitian with violations are conditionally privileged and a person making a communication is privileged from liability based upon the communication unless the person makes the communication in bad faith or for a malicious reason.

4.4. The Board shall maintain a complaint log which records the receipt of each complaint, its nature and its disposition.

4.5. The Board shall issue one of the following acknowledgments to an individual making a complaint:

4.5.1. That the matter will be reviewed by the Board;

4.5.2. That the complaint is outside the jurisdiction of the Board, with suggestions as to how the complainant might best obtain a resolution of his or her problem; or

4.5.3. That more information will be required in order to adequately review the individual complaint.

4.6. The Board shall maintain a separate investigative or complaint folder on each case reviewed, and each folder shall have a case number assigned to it.

4.7. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 5.5.2. of this rule, the Board as a whole shall cause to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and validity of the allegations set forth in the complaint. The Board may assign the investigation to a committee of the Board.

4.8. A complaint against a licensed dietitian or applicant shall allege that in his or her professional capacity he or she is acting in violation of the law, rules, or good and accepted medical practice and may be founded on any violation enumerated in the W. Va. Code §30-35-1 et. seq. or subsections 4.1 of this rule.

4.9. The Board, its executive director, hearing examiner or the committee, may issue subpoenas and subpoena duces tecum as required to complete the Board’s investigation and may utilize a Board investigator to conduct whatever investigations are necessary to determine the truth or validity of complaints.

4.10. To facilitate disposition of a complaint, the Board or the committee, shall request any person to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the commencement of an adjudicatory proceeding. The Board or committee, shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. Statements made at a conference may not be introduced at any hearing on the merits without consent of all parties to the hearing. No prejudice shall attach for failure to attend a conference pursuant to a request.

4.11. If the Board or committee determines that a complaint complies substantially with subsection 5.8 of this rule and it relates to matters set forth in W. Va. Code §30-35-1 et. seq. or subsections 4.1 or 4.2 of this rule, it may request that the individual complained of (hereinafter referred to as the “Respondent”) respond to the complaint within thirty (30) days. The Board may attach a copy of the complaint to the order for response or may describe the acts alleged in the complaint. A respondent may answer either personally or through his or her attorney, but the answer shall address the substantive allegations set forth in the complaint or order.

4.12. Upon receipt of the respondent’s answer or at any point in the course of investigation or inquiry into a complaint, the committee may determine that there is not and will not be sufficient evidence to warrant further proceedings or that the complaint fails to allege misconduct for which a licensee may be sanctioned by the Board. In that event, the committee shall recommend to the Board that it dismiss the complaint. The committee shall retain a file of all complaints and shall review this file periodically.

4.13. At any point in its investigation of a complaint, the Board or complaint committee may designate a dietitian consultant and assign the matter to the dietitian consultants for review. The report of the dietitian or medical consultants shall contain a statement of the allegations, the facts, an analysis of the complaint and care provided, a brief description of the records reviewed and a recommendation and finding. The consultant shall, upon request, be afforded an opportunity to have an investigation interview with the licensed dietitian in question or other involved parties, a report of which shall be placed in the investigative file.

4.14. If a respondent fails to answer within the thirty (30) day period or if the committee determines that there is reason to believe that the acts alleged occurred and constitute a violation for which a respondent may be sanctioned by the Board, the committee shall recommend that there be a finding of probable cause to believe there is a violation of the law or this rule.

4.15. The Board shall review the recommendation of the committee and shall require an adjudicatory hearing if it determines that there is probable cause to believe that acts alleged occurred and may constitute a violation of any provision of law or this rule. The Board may take any informal action warranted by a complaint.

4.16. The Board may suspend or refuse to renew a license pending a hearing in the health and safety or welfare of the public necessitates the summary action. The Board shall provide a hearing on the necessity for the summary action within fifteen (15) days after the suspension.

4.17. A licensed dietitian shall respond within thirty (30) days to a written communication from the Board or its designee and shall make available to the Board any relevant and authorized records with respect to an inquiry or complaint about his or her professional conduct. The thirty (30) day period commences on the date the Board sends the communication by registered or certified mail with return receipt requested to his or her last known address.

4.18. When the Board finds that any applicant is unqualified to be granted a license or finds that any licensee should be disciplined pursuant to the West Virginia Dietetic Practice Act or rules of the Board, the Board may take any one or more of the following actions:

4.18.1. Refuse to grant a license to an applicant;

4.18.2. Administer a public reprimand;

4.18.3. Suspend, limit or restrict any license for a definite period, not to exceed five (5) years;

4.18.4. Require any licensee to participate in a program of education prescribed by the Board;

4.18.5. Revoke any license;

4.18.6. Require the licensee to submit to care, counseling or treatment by physicians or other professional persons;

4.18.7. Assess a civil fine of between $500 and $1,000 and/or assess the cost of the Board’s investigation and administrative proceedings against the licensee;

4.18.8. Require him or her to practice under the direction or supervision of another licensed dietitian; or

4.18.9. Require the licensee to provide a period of free public or charitable service.

4.18.10. In addition to and in conjunction with these actions, the Board may make a finding adverse to the licensee or applicant, but withhold imposition of judgement and penalty, or it may impose the judgement and penalty but suspend enforcement of the penalty and place the dietitian on probation, which may be vacated upon the noncompliance with any terms imposed by the Board. In its discretion, the Board may restore and reissue a license under the West Virginia Dietitian Practice Act, W. Va. Code §30-35-1 et. seq., and as a condition it may impose any disciplinary or corrective measure provided for in this Rule or in the West Virginia Dietitian Practice Act.

4.19. The Board has the authority to place a licensee in a probationary status and to apply varying conditions upon the licensee during the probationary period. Upon reaching the conclusion that a licensee to practice as a licensed dietitian should be placed on probation, the Board may impose any one or more of the following conditions:

4.19.1. The Board may appoint one or more Board members to be responsible for having the probationary licensee report for interviews on a regular basis. These interviews may be set up on a periodic basis as determined by the Board and the appointed Board members will then report back to the Board at its regularly scheduled meeting on the progress of the licensee;

4.19.2. The Board may request the probationary licensee to appear before the Board at intervals determined by the Board order that the licensee may report on his or her progress. During these appearances by the probationary licensee, the Board may ask the probationary licensee questions so as to observe his or her behavior and progress;

4.19.3. The Board may select a physician or request the probationary licensee to select a physician who will be approved by the Board and the physician shall submit periodic progress reports on the probationary licensee as directed by Board;

4.19.4. The Board may appoint a medical consultant whose responsibility is to handle interviews with the probationary licensee. The probationary licensee shall then report to the appointed medical consultant on a regular basis as determined by the Board, and the medical consultant shall report to the Board at intervals determined by the Board;

4.19.5. In cases of alcoholism and/or drug abuse, as a condition of probation, the Board may require that the probationary licensee submit periodic blood samples and/or urine drug screen samples;

4.19.6. The Board may require that the probationary licensee authorize his or her personal physician to submit to the Board, for review, the probationary licensee’s medical history, both as to past medical history and any and all new medical history as may become available to the personal physician during the period of the probationary term;

4.19.7. The Board may require that the probationary licensee report all medications that he or she may be utilizing and that he or she make the reports to the Board, at intervals as directed by the Board from time to time;

4.19.8. The Board may require that prior to the termination of a probationary term, the probationary licensee appear at a regularly scheduled Board meeting and furnish the Board with information as it may request, and the Board may utilize subpoenas, subpoenas duces tecum and its investigators as it considers necessary to gather facts and evidence to determine compliance by the probationary licensee with the terms of probation; and

4.19.9. In those situations where indicated, the Board may impose additional terms of probation, restriction, or revocation upon a licensee who has initially been placed on probation. The period of probation shall not exceed five (5) years from its initiation date.

W. Va. Code R. § 31-4-5 Appeal

5.1. Any applicant for a license who has had his or her application denied by order of the Board may appeal the order within thirty (30) days of that action, in accordance with the contested case hearing procedure, W. Va. Code §29A-5-1 et seq., and rules of the Board: Provided, That the appeal shall not include cases in which the Board denies a license or certificate after an examination to test the knowledge or the ability of the applicant where the controversy concerns whether the examination was fair or whether the applicant passed the examination.

5.2. Any licensee practicing medical nutrition therapy or other nutrition/dietetic services in this State, who has had his or her license denied, suspended, restricted, or revoked by order of the Board, may appeal the order within thirty (30) days of this action in accordance with the contested case hearing procedure, W. Va. Code §29A-5-1 et seq., and the rules of the Board: Provided, That the appeal shall not include cases in which the Board issues a license, permit or certificate after an examination to test the knowledge or the ability of the licensee where the controversy concerns whether the examination was fair or whether the licensee passed the examination.

31CSR4

31CSR4

Series 05 Continuing Professional Education Requirements

W. Va. Code R. § 31-5-1 General

1.1. Scope. -- This rule establishes continuing professional education requirements for initiation and renewal of licensure.

1.2. Authority. -- W. Va. Code §30-35-4.

1.3. Filing Date. -- April 4, 2024

1.4. Effective Date. -- July 1, 2024

1.5. Sunset Provision. -- This rule shall terminate and have no further force after August 1, 2030.

W. Va. Code R. § 31-5-2 Application

This legislative rule applies to licensees who apply to have their licenses renewed and to persons or organizations who provide continuing professional education courses.

W. Va. Code R. § 31-5-3 Definitions. 3.1.”Approved Provider” means a person or organization offering continuing professional education who is approved by the Board

3.2. ”Course” means a systematic learning experience, at least fifty (50) minutes in length, which deals with and is designed for the acquisition of knowledge, skills and information relevant to professional nutrition and dietetics practice. 3.3.”Licensee” means any dietitian licensed by the Board of Licensed Dietitians and, except as noted, any dietitian granted a provisional permit by the Board. 3.4 “Independent Study” means a subject/program/activity that a person pursues autonomously that meets standards for approval criteria in the rules and includes a posttest. 3.5 “Webinar” means a web-based seminar, presentation, lecture, or workshop that is transmitted over the internet.

W. Va. Code R. § 31-5-4 Approved Providers

4.1. The following organizations are considered ”approved”

4.1.1. The West Virginia Academy of Nutrition and Dietetics

4.1.2. Any national, state or district Academy of Nutrition and Dietetics affiliation;

4.1.3. The American Medical Association;

4.1.4. The West Virginia Medical Association;

4.1.5. The American Nurses Association; 4.1.6 The West Virginia Nurses Association;

4.1.7. Accredited schools or colleges; and 4.1.8 other providers that are also approved by the Commission on Dietetic Registration.

W. Va. Code R. § 31-5-5 Approval Of Continuing Professional Education Courses

5.1. Only an approved provider may offer continuing professional education courses.

5.2. The content of all courses of continuing professional education shall be relevant to the practice of nutrition/dietetics and shall:

5.2.1. Be related to the knowledge and/or technical skills required to practice professional nutrition/dietetics; or

5.2.2. Be related to direct and/or indirect patient care. Courses in professional nutrition/dietetics practice management or medical ethics are also acceptable. 5.3 The licensee may engage in other types of activities identified in the individual licensee’s professional development portfolio for Commission on Dietetic Registration (CDR) certification. The licensee may engage in programs/activities via webinars and independent study, in accordance with the definitions and standards in these rules.

W. Va. Code R. § 31-5-6 Activities Eligible for Continuing Professional Education Credits

6.1. A licensee shall meet requirements for continuing professional education.

6.1.1. Every other renewal period, or every two (2) years, an active licensee shall have a minimum of twenty (20) hours of continuing professional education (CPE) (from an approved provider) that relates directly to professional growth and development.

6.1.2. Dietitians practicing under a provisional permit must complete a minimum of ten (10) hours of continuing professional education each year after the first year in which they are practicing under a provisional permit.

6.2. Continuing professional education hours may only apply if they are acquired during the two (2) year reporting period. There is no carry-over of hours from one (1) period to the next.

6.2.1. The two (2) year reporting period starts with the effective date of the license and runs through one renewal of the license. The end of the reporting period is at the expiration date of the renewed license.

6.3. Continuing professional education hours may include:

6.3.1. Educational activities.

6.3.1.1. A licensee may earn continuing professional education hours by attending professional meetings and other formally organized learning events that are offered by an approved provider of continuing professional education.

6.3.1.2. The licensee shall only receive credit for those continuing professional education hours that meet the specifications established by the Board.

6.3.1.3. The Board shall grant one (1) CPE hour for up to fifty (50) minutes of educational presentation.

6.3.1.4. A licensee may not count time spent in assigned reading, outside writing assignments or similar activities, travel time, meeting time devoted to business activities, entertainment, and refreshment breaks and meals in the calculation of CPE hours.

6.3.1.5. A licensee may count an integral part of an approved continuing professional education program that occurs during a meal, such as a speech or panel discussion, in the calculation of CPE hours.

6.3.2. Academic Courses.

6.3.2.1. A licensee may take courses for credit or audit, including those taken by correspondence.

6.3.2.2. The Board will approve an academic course for CPE hours when the licensee successfully completes the course at an accredited college or university.

6.3.2.3. For courses taken for credit, the Board shall grant fifteen (15) CPE hours per one (1) credit for each semester course; fourteen (14) CPE hours per one (1) credit for each trimester course; and ten (10) CPE hours per one (1) credit for each quarter course.

6.3.2.4. For courses taken for audit, the Board shall grant eight (8) CPE hours per one (1) credit for each semester course; seven (7) CPE hours per one (1) credit for each trimester course; and five (5) CPE hours per one (1) credit for each quarter course.

6.3.3. Instruction of approved continuing professional education courses.

6.3.3.1. Instructors of approved continuing professional education courses may receive a maximum of two (2) hours of continuing professional education credit per year. An instructor may claim credit only where the individual acts as an instructor of an approved course.

6.3.3.2. A licensee who participates as a member of a panel presentation for an approved course is not entitled to earn continuing professional education credit as an instructor.

6.3.4. The Board shall determine all other CPE hours.

6.3.5. A licensee may obtain CPE hours for any other program which is approved by the Board, at the Board’s discretion, including, but not limited to:

6.3.5.1. Self-directed, professional nutrition/dietetics study activities including, but not limited to, formally organized learning events; college courses taken outside an accredited nutrition/dietetics program; writing for professional nutrition/dietetics publications; nutrition/dietetics teaching or training assignments if not part of the primary job duties; independent study, research, or tutoring of a professional nutrition/dietetic nature; and making presentations on a professional nutrition/dietetic issues, provided that the activities are part of a planned, organized learning program approved in advance by the Board;

6.3.5.2. Viewing trade and educational exhibits and poster presentations, and

6.3.5.3. Continuing professional education hours from organizations who are not approved providers if the course relates to the professional growth and development of the licensee.

6.4. Organizations not approved by the Board to provide continuing education will not be accepted.

W. Va. Code R. § 31-5-7 Record Keeping and Reporting

7.1. Each licensee at the time of license renewal shall sign a statement under penalty of false swearing that he or she has or has not complied with the continuing professional education requirements. The licensee shall submit the record of continuing education activities on the Board’s website along with the approved renewal application form from the Board.

7.2. The Board may audit once each year a random sample of licensees who have reported compliance with the continuing professional education requirement.

7.3. It constitutes unprofessional conduct for any licensee to misrepresent completion of the required continuing professional education.

7.4. Any licensee selected for audit shall submit documentation or records of continuing professional education course work he or she has taken and completed. The Board may request additional documentation including, but not limited to, program notes, payment receipts, certificates of attendance, a statement by the authorized provider and/or other proof of program attendance.

7.5. A licensee is solely responsible for maintaining adequate records for his or her continuing professional education hours.

7.6. Each licensee shall retain for a minimum of three (3) years, records of all continuing professional education programs attended which indicate the provider’s name, the title of the course or program, the date and location of the course and the number of continuing professional education hours awarded.

W. Va. Code R. § 31-5-8 Requests for Extension

8.1. A licensee who does not earn the required number of CPE hours may, no later than the due date specified in Section 7.2. of this rule, petition the Board in writing to extend the time necessary to earn the required number of CPE hours. Each petition shall indicate:

8.1.1. The number of hours earned to date or of the failure to earn hours;

8.1.2. The licensee’s detailed plan to insure he or she will, if granted the opportunity by the Board, earn the required number of the CPE hours in a timely manner;

8.1.3. The nature of the extenuating circumstances which prevented the licensee from earning the required hours during the current two (2) year period; and

8.1.4. Written supportive documentation to any claim of extenuating circumstances, including, but not limited to, statements from an employer or health practitioner as may be requested by the Board.

8.2. The Board, at its sole discretion, may, upon reviewing the written request, extend the time to earn the required continuing professional education hours.

W. Va. Code R. § 31-5-9 Sanctions and Appeals

9.1. The license of a licensee who fails to meet the continuing professional education requirements lapses.

9.1.1. The Board shall notify the licensee, in writing, that his or her license has lapsed within thirty (30) working days of receipt of the reporting forms.

9.1.2. If no forms are filed, the license shall automatically lapse with no further notification required.

9.2. The licensee may appeal decisions regarding continuing professional education hours by filing a written appeal with the Board.

9.2.1. Appeals shall be sent to the Board within thirty (30) calendar days after notification of a decision and shall be considered by an appeals panel appointed by the Board at its next scheduled meeting.

9.2.2. Until a decision is reached, the licensee shall be considered on active status.

9.2.3. The appeals panel shall meet within thirty (30) working days of its appointment by the Board.

9.2.4. The Board shall send a written decision to the licensee within thirty (30) working days of the appeals panel meeting to consider the appeal.

W. Va. Code R. § 31-5-10 Required Continuing Education for West Virginia Licensed Dietitians

10.1. Effective July 1, 2024, all licensees will be required to complete a Board mandated continuing education session (1 hour), applicable to licensees within their 2-year reporting period.

10.1.1. Licensees may receive information on required Board CPE’s through the Board email listserv and on the BOLD website. The licensee will be responsible to check the website to ensure compliance with requirements.

10.2. Effective July 1, 2025, all new licensure applicants (for provisional applicants and new licensure applicants) will complete a WVBOLD mandated education session (1 hour) before receiving their license.

10.2.1. New applicants will need to complete the 1 hour required CEU and pay the licensure fee before the license becomes valid.

31CSR5

Series 06 Application for Waiver of Initial Licensing Fees for Certain Individuals

W. Va. Code R. § 31-6-1 General

1.1. Scope. -- This rule establishes procedures for waiving the initial licensing fee for low income individuals and military personnel and their spouses.

1.2. Authority. -- W. Va. Code § 30-1-23, and W. Va. Code § 30-35-4.

1.3. Filing Date. – March 26, 2020

1.4. Effective Date. – March 26, 2020

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon the expiration of March 26, 2030.

W. Va. Code R. § 31-6-2 Definitions

2.1. “Board” means the West Virginia Board of Licensed Dieticians.

2.2. “BOLD-LIW” means the Board of Licensed Dieticians Low Income Waiver form used to request a waiver of the initial licensing fee for low income individuals, as authorized in W.Va. Code § 30- 1-22;

2.3. “Initial license” means an individual applying for a dietetic license in West Virginia sought for the first time;

2.4. "Local labor market" means every county in West Virginia, and any county outside of West Virginia if any portion of that county is within fifty miles of the border of West Virginia, pursuant to W.Va.

Code § 21-1C-2;

2.5. “Low-income individual” means an individual in the local labor market as defined in § 21-1C-2, whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition Assistance Program;

2.6. “Military families” means any person who serves as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U. S. C. § 101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried; and 31CSR6

2.7. “BOLD-MFW” means the Board of Licensed Dieticians Military Family Waiver form used to request a waiver of the initial licensing fee for military service members and their spouses as described in § 30-1-22.

W. Va. Code R. § 31-6-3 Application for Waiver of Initial Licensure Fees

3.1. An applicant seeking a low income or military family waiver of the initial licensing fee shall apply for licensure to the board and provide the required documentation.

3.2. The Board shall provide the application form and instructions on what documentation is necessary to submit with the license application requesting the low income or military family initial licensing fee waiver.

3.3. An applicant shall submit all required documentation to the board and upon the submission of a complete application, the board shall review the application and issue a decision within 30 days of receipt of the completed application.

3.4. The board may issue a license to an applicant who meets the requirements of W. Va. Code

§ 30-35-1 et seq., the rules promulgated by the board, and the board shall waive the initial licensing fee for an applicant that meets the requirement of “low-income individuals” or “military families” as defined in W.Va. Code § 30-1-22.

3.5. An applicant denied a waiver of initial licensing fees shall have 30 days to appeal the decision to the board pursuant to the provisions of W. Va. Code § 30-35-11.

W. Va. Code R. § 31-6-4 Required Documentation for Waiver of Initial Licensure Fees

4.1. Individuals requesting a waiver of initial licensure fees for low income or military service personnel and their spouses, shall submit with the application for licensure the initial licensure waiver BOLD-LIW or BOLD-MFW form and the appropriate documentation as specified in this section.

4.2. To establish low income eligibility for the initial licensing fee waiver, an applicant shall submit to the board evidence that the adjusted gross income of the household of the applicant is at or below 130% of the federal poverty level by submitting documentation of eligibility for:

4.2.1. Temporary Assistance for Needy Families Program;

4.2.2. Medicaid;

4.2.3. Supplemental Nutrition Assistance Program; or

4.2.4. A Federal Tax Return.

4.3. To establish military family eligibility for the initial licensing fee waiver, an applicant shall submit 31CSR6 to the board proof of qualifying military service and proof of eligibility as a qualifying spouse or widow, as follows:

4.3.1. A service members DD-214 form;

4.3.2. A service members NGB-22 form;

4.3.3. A service members DD-1300 form; or

4.3.4. A copy of their current military orders; and

4.3.5. A copy of the marriage certificate with the qualifying service member and, where applicable, the death certificate of the service member if the widow is applying for the military family waiver.

4.4. Honorably discharged applicants shall submit a completed application, and a DD-214 form or an NGB-22 form showing the applicant has been an honorably discharged from military service.

Series 07 Telehealth Practice; Requirements; Definitions

W. Va. Code R. § 31-7-1 General

1.1. Scope. -- This rule establishes procedures for the practice of telehealth by a licensed dietitian.

1.2. Authority. -- W. Va. Code §30-35-4.

1.3. Filing Date. -- April 4, 2024

1.4. Effective Date. -- April 15, 2024

1.5. Sunset Provision. -- This rule shall terminate and have no further force after August 1, 2029.

W. Va. Code R. § 31-7-2 Definitions

2.1. “Board” means the West Virginia Board of Licensed Dietitians established pursuant to W. Va. Code §30-35-1 et seq.

2.2. “Licensed Dietitian” means a person licensed by the board to practice medical nutrition therapy or nutrition therapy in West Virginia.

2.3. “Store and forward” means the asynchronous communication of medical data or images from an originating location to a licensed dietitian at another site for the purpose of therapeutic assistance.

2.4. "Telehealth" is the application of evaluative, consultative, preventative, and therapeutic services delivered through telecommunication and information technologies. Medical nutrition therapy or nutrition therapy services provided by means of a telehealth service delivery model can be synchronous, that is, delivered through interactive technologies in real time, or asynchronous, using store-and-forward technologies. Telehealth is considered the same as teletherapy, telerehabilitation, and telepractice in various settings and for the purpose of this rule.

2.5. “Telehealth technologies” means technologies and devices which enable secure electronic communications and information exchange in the practice of telehealth, and typically involve the application of secure real-time audio/video conferencing or similar secure video services or store and forward digital image technology to provide medical nutrition therapy or nutrition therapy services by replicating the interaction of a traditional in-person encounter between a licensed dietitian and a patient.

W. Va. Code R. § 31-7-3 Licensure

3.1. The practice of medical nutrition therapy or nutrition therapy occurs where the client is physically located at the time the telehealth technologies are used. 3.2 A licensed dietitian who practices telehealth must be licensed as provided in this article. 3.3 Medical nutrition therapy or nutrition therapy services must be provided by a licensed dietitian who possess a current valid, active license and is in good standing in West Virginia and in all states in which they are licensed and are not currently under investigation or subject to an administrative complaint.

W. Va. Code R. § 31-7-4 Practitioner-patient relationship through telehealth

4.1. A practitioner-patient relationship may be established through video, audio or written forms of communication, such as e-mail or text-based messaging, or any combination thereof.

4.2. If an existing practitioner-patient relationship is not present prior to the utilization of telehealth technologies, or if services are rendered solely through telehealth technologies, a practitioner-patient relationship may only be established through the use of telehealth technologies which incorporate interactive audio using store and forward technology, real-time videoconferencing, or similar secure video services during the initial patient evaluation.

4.3. Once a practitioner-patient relationship has been established, either through an in-person encounter or in accordance with section 4.2 of this rule, the practitioner may utilize any telehealth technology that meets the standard of care and is appropriate for the patient.

W. Va. Code R. § 31-7-5 Telehealth practice

5.1. Prior to providing medical nutrition therapy or nutrition therapy services via telehealth:

5.1.a. The licensed dietitian shall obtain informed consent of the delivery of service via telehealth from the patient/client prior to initiation of medical nutrition therapy or nutrition therapy services via telehealth and maintain documentation of the consent-to-treat process and content in the patient’s or client’s health records.

5.1.b. The licensed dietitian shall verbally verify the identity and location of the patient or client and document in the patient’s or client’s health records.

5.1.c. Telehealth services may only be used to provide medical nutrition therapy or nutrition therapy services to a patient or client who is physically located at an originating site in West Virginia other than the site where the licensed dietitian is located, whether or not in West Virginia.

5.2. The licensed dietitian providing medical nutrition therapy or nutrition therapy services via telehealth must:

5.2.a. Exercise the same standard of care when providing medical nutrition therapy or nutrition therapy services via telehealth as with any other mode of service delivery;

5.2.b. Comply with provisions of W. Va. Code §30-35 et seq., the Medical Nutrition Therapy Practice Act and its Legislative Rules. The failure of a licensed dietitian to comply will be grounds for disciplinary action under W. Va. Code §30-35-10;

5.2.c. Secure and maintain the confidentiality of medical information of the patient/client as required by HIPAA and state and federal law. The nature of the service delivery as being performed through telehealth should be thoroughly documented;

5.2.d. The Board will investigate complaints regarding services provided via telehealth in the same manner as it investigates other complaints as set in statue and rule.