Title 14 W. Va. C.S.R.

Optometry Optometry

Series 01 Rules of the West Virginia Board of Optometry

W. Va. Code R. § 14-1-1 General

1.1. Scope. -- This rule establishes the operation of the West Virginia Board of Optometry and the requirements, procedures and responsibilities for licensure as an optometrist. W. Va. Code, §30-1D-1(d) authorizes the board to promulgate rules which set forth the requirements and procedures of applicant criminal history checks.

1.2. Authority. -- W. Va. Code §30-8-1 et. seq.

1.3. Filing Date. -- April 3, 2026

1.4. Effective Date. -- April 3, 2026

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 14-1-2 Definitions

2.1. “Applicant” means any person making application for a license or permit under the provisions of W. Va. Code §30-8-1 et. seq. and the W. Va. Code of State Rules, §14CSR1, et. seq.

2.2. “Board” means the West Virginia Board of Optometry.

2.3. “Criminal History Record Check” means a state and national criminal history check authorized by W. Va. Code, §30-1D-1(d) for applicants.

2.4. “License” means a license to practice optometry.

2.5. “Licensee” means an optometrist licensed under the provisions of W. Va. Code §30-8-1 et. seq. and the provisions of the W. Va. Code of State Rules, §14CSR1, et. seq.

2.6. “Low Income Individual” means an individual whose household adjusted gross income is below 130 percent of the Federal poverty line. This term also includes any individual enrolled in a public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition Assistance Program.

2.7. “Member of the Military means any person who serves as an active member of the armed forces of the United States of America, the National Guard, or a reserve component thereof.

2.8. “Military spouse” means any person lawfully married to a member of the military who is a resident of this state or who is assigned to this state, or on federal active duty in this state.

2.9. “Temporary permit for Non-military Members” or “permit” means a permit issued to a person who has graduated from an accredited optometry school, has taken all required parts of the prescribed National Board Examination and is awaiting results of the examination.

2.10. “National Board Examination” means the prescribed national examination in optometry composed and administered by the National Board of Examiners in Optometry or its successor or equivalent.

2.11. “Online State Law Exam” means the online state law examination regarding West Virginia optometric regulations available through the National Board of Examiners in Optometry or its successor or equivalent.

2.12. “Interview” means a formal discussion with the board to require the applicant to demonstrate a thorough knowledge of those subject areas necessary to ensure the safe practice of optometry within the bounds of W. Va. Code §30-8-1, et. seq. and the provisions of the rules of the board listed in the W. Va. Code of State Rules, §14CSR1, et. seq.

2.13. “Accredited Optometry School” means a school accredited by the Accreditation Council on Optometric Education or its successor recognized by the U.S. Department of Education.

2.14. “Unreversed,” as this term refers to a criminal conviction, means that a conviction has not been set aside, vacated, pardoned or expunged.

W. Va. Code R. § 14-1-3 Application Examination and Interview

3.1. Before any person may sit for the interview, he or she shall submit an application on the board's website application form, which will be supplied by the board or its designee. The application shall require the following: the applicant’s name, address, date and place of birth, citizenship and a detailed history of his or her educational qualifications, showing the name, the place where and the length of time which the applicant attended pre-optometry and optometry schools. The applicant shall also state in the application whether he or she has taken any other state board examinations and the results of the examinations and whether or not he or she has actively engaged in practice of optometry in any other state. With the application he or she shall include two (2) current photographs of himself or herself, not to exceed two (2) inches by two (2) inches in size and his or her birth certificate.

3.2. In the application the applicant shall state that he or she shall abide by the laws of this State regulating the practice of optometry and by the rules adopted by the board.

3.3. The application shall be subscribed and sworn by the applicant with his or her signature.

3.4. The board shall deny the right to sit for the interview to any person furnishing false information in the application, or if the applicant has been licensed before it is made known to the board of the falseness of the information, the license is subject to suspension, revocation or cancellation.

3.5. Certified transcripts from pre-optometry and optometry colleges attended by the applicant shall be sent directly to the board from each institution. The certified transcripts of record shall show the total number of hours of attendance, the subjects studied, the grades given and the date of graduation.

3.6. Passing all required parts of the National Board Examination is to be confirmed by receipt of a passing grade report from the National Board of Examiners in Optometry or its successor, or equivalent and submitted with the application.

3.7. The applicant shall file the completed application and application fee with the board or its designee no later than thirty days prior to the interview dates. The thirty-day requirement can be waived by the board when deemed appropriate. The completed application, records and fees are to be submitted electronically and/or mailed to the board or its designee. All certified transcripts must be mailed or emailed directly to the board or its designee by the issuing institution or its designee. Applicants may also apply for licensure using the board’s designated online application process.

3.8. The applicant shall take and pass the Online State Law Examination for West Virginia optometry available through the National Board of Examiners in Optometry or its successor, or equivalent.

3.9. Only applicants qualified for the highest level of licensure shall be granted a license and no license of any description shall be granted except those including, at a minimum, oral prescriptive authority, injection certification, and laser certification. Applicants who do not satisfy all the requirements for oral, injection, and laser certification, and any other certification that may be established, shall not be permitted to sit for the license interview and shall not be granted a license of any description.

3.10. The fee for the application and each license certification fee shall be determined by the board’s rule, Schedule of Fees, W. Va. Code of State Rules, §14CSR5.

3.11. A low-income individual may apply for a waiver of all initial licensing fees using a board-approved form. The Low-Income Waiver of Initial Licensing Fees form, provided by the board, and all required documentation shall be submitted with the applicant’s application for licensure.

3.11.1. Upon receipt of a completed low-income waiver form and required documentation, the board shall review the application for a waiver and issue a decision for approval or disapproval of the low-income waiver within thirty days.

W. Va. Code R. § 14-1-4 Criminal History Record Check

4.1. In addition to all of the requirements for licensure, all applicants for any license to practice as an optometrist in West Virginia shall request and submit to the board the results of a state and a national criminal history record check.

4.2. The purpose of the criminal history record check is to assist the board in obtaining information that may relate to the applicant's fitness for licensure.

4.3. In addition to the State Police, the board may contract with and designate a company specializing in the services required by this section instead of requiring the applicant to apply directly to the West Virginia State Police or similar out-of-state agency for the criminal history records checks; provided that any such company must utilize protocols consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact.

4.4. The applicant shall furnish to the State Police, or other organization duly designated by the board, a full set of fingerprints and any additional information required to complete the criminal history record check.

4.5. The applicant is responsible for any fees required by the State Police, or other organization designated by the board, for the actual costs of the fingerprinting and the actual costs of conducting a complete criminal history record check.

4.6. The board may require the applicant to obtain a criminal history records check from a similar board-approved agency or organization in the state of the applicant's residence, if outside of West Virginia.

4.7. The applicant shall authorize the release of all records obtained by the criminal history record check to the board.

4.8. A criminal history record check submitted in support of an application for licensure must have been requested by the applicant no earlier than twelve months immediately prior to the board's receipt of the application for licensure.

4.9. An initial licensure application is not complete until the board receives the results of a state and a national criminal history record check conducted by the State Police or another entity duly authorized by the board. The board shall not grant an application for licensure submitted by any applicant who fails or refuses to submit the criminal history record check required by this section.

4.10. Should criminal offenses be reported on an applicant’s criminal history record check, the board will consider the nature, severity, and recency of offenses, as well as rehabilitation and other factors on a case-by-case basis for licensure. Criminal history record checks shall be verified by a source acceptable to the board, other than the applicant.

4.11. The results of the state and national criminal history record check may not be released to or by a private entity except:

4.11.1. To the individual who is the subject of the criminal history record check,

4.11.2. With the written authorization of the individual who is the subject of the criminal history record check; or

4.11.3. Pursuant to a court order.

4.12. Criminal history record checks and related records are not public records for the purposes of Chapter 29B of the West Virginia Code.

W. Va. Code R. § 14-1-5 Rules for the Interview

The board shall conduct interviews for a license as specified in W. Va. Code of State Rules, §14CSR6.

W. Va. Code R. § 14-1-6 Colleges of Optometry

6.1. A college of optometry, that is accredited by the Accreditation Council on Optometric Education or its successor or equivalent is approved by the board.

W. Va. Code R. § 14-1-7 Licenses

7.1. When an applicant is interviewed by the board and found qualified to practice the profession of optometry in this State he or she shall be notified by letter by the board or its designee. In this letter the board or its designee shall also advise the applicant of the required certificate fee and the annual renewal fee. If the applicant fails to pay the required fees within ninety days, his or her records shall be so marked and he or she shall not be listed as a licensed optometrist in this State. The board or its designee shall make every effort to locate the applicant and shall send a registered letter with receipt requested to the address given by the applicant.

7.2. The board shall issue a license to practice the profession of optometry in this State to any person who, successfully completes the interview and meets the requirements of the board or is approved by reciprocity. The fee for issuing this license is to be paid by credit card, check, or money order made payable to the West Virginia Board of Optometry.

7.3. The board shall issue a license to include the licensee's name in full, a license registration number, the board seal, the effective date of the certificate and the signatures of the board members. One photograph shall be affixed to the large certificate and one shall remain in the permanent file.

W. Va. Code R. § 14-1-8 Renewals

8.1. A licensee who desires to continue to practice shall annually, before the first day of July, renew his or her license, pay an annual renewal fee and maintain proof of acquisition of all required continuing education hours for audit.

8.2. Renewal fees shall be paid by check, money order or credit card made payable to the West Virginia Board of Optometry.

8.3. Upon receipt of the renewal fee the board or its designee shall issue a renewal license card bearing the number of the license, the year for which renewed and any other information the board considers necessary.

8.4. It is the responsibility of each licensee to make timely application for license renewal and complete the process properly, to retain the required continuing education documentation and to pay the fees required. Any information or reminders that the board may issue are courtesies and shall not diminish the responsibilities of the licensee.

8.5. Every optometrist shall display his or her renewal certificate in a conspicuous place in the principal office where he or she practices optometry. If an optometrist practices his or her profession in more than one office (branch office) he or she shall have an additional renewal card for each office, obtained upon request to the board. Every optometrist shall notify the board of any branch office and its address.

W. Va. Code R. § 14-1-9 Delinquent and Expired License Requirements

9.1. If a license is not renewed when due, then the board shall automatically place the licensee on delinquent status. A licensee on delinquent status may not practice optometry in this state.

9.2. The fee for a person on delinquent status shall increase at a rate, determined by the board, for each month or fraction thereof that the renewal fee is not paid, up to a maximum of thirty-six months.

9.3. Within thirty-six months of being placed on delinquent status, if a licensee wants to return to active practice, he or she must complete all the continuing education requirements and pay all the applicable fees as set by rule.

9.4. After thirty-six months of being placed on delinquent status, a license is automatically placed on expired status and cannot be renewed. A person whose license has expired must reapply for a new license.

W. Va. Code R. § 14-1-10 Temporary Permit for Non-military Applicants

10.1. The board may issue a temporary permit to practice optometry to an applicant who has graduated from an optometry school accredited by the Accreditation Council of Optometric Education or its successor. The applicant shall also meet the requirements of subsections 10.2-10.3. and pay the temporary permit fee required in the board’s rule, Schedule of Fees, W. Va. Code of State Rules, §14CSR5. The temporary permit may be issued before the applicant passes all sections of the prescribed exam administered by the National Board of Examiners in Optometry, its successor or equivalent. A certified copy of the applicant’s accredited optometry school transcript indicating successful completion of the requirements for a doctorate degree in optometry must be submitted to qualify for a non-military temporary permit. The provisions of §14-1-17 of this rule establish alternative temporary permit requirements for members of the military and their spouses. 10.2 An application for a temporary permit shall also include the following documents:

10.2.1. Proof of passing of the exam administered by the National Board of Examiners of Optometry, its successor or its equivalent, or the documentation required in W.Va. Code of State Rules, License By Reciprocity, §14-8-1, et. seq. shall be submitted with the application for a temporary permit.

10.2.2. A certified report showing the passage of the National Board Online State Law Exam.

10.2.3. A letter from an active licensee who has agreed to the onsite supervision of the applicant shall be submitted with the application for a temporary permit. The active licensee shall submit the prescribed form for proof of malpractice insurance in the amount of not less than one million dollars per occurrence and not less than three million dollars aggregate coverage. The active licensee shall ensure that the permittee will be covered by this insurance.

10.3. If the permittee receives a failing score on the board-prescribed examination, the temporary permit expires immediately.

10.4. An applicant under this subsection may only be issued one temporary permit. Upon the expiration of a temporary permit, a person may not practice as an optometrist until he or she is fully licensed under the provisions of §30-8-1, et. seq. In no event may a permittee practice on a temporary permit beyond a period of ninety consecutive days.

10.5. A temporary permittee under this rule shall work under the on-site supervision of an active licensee. Patient charts written by the permittee shall be cosigned by the active licensee supervisor within forty-eight hours.

W. Va. Code R. § 14-1-11 Special Volunteer License

11.1. A Special Volunteer License shall be issued by the board using the provisions listed in W. Va. Code §30-8-16.

11.2. The applicant for a special volunteer license must submit the prescribed application.

11.3. The applicant for a special volunteer license shall provide proof of completion of the required continuing education hours listed in the board’s rule, W. Va. Code of State Rules, §14CSR10.

11.4. The applicant shall submit the written agreement between the applicant and the clinic stating that the optometrist will provide voluntary uncompensated optometric services under the control of the clinic to patients of the clinic. Such agreement shall state that the clinic will provide liability coverage for the applicant in the amount of not less than one million dollars per occurrence.

W. Va. Code R. § 14-1-12 Special Volunteer Event License for A Charitable Function or Event

12.1. The applicant for a charitable function or event shall comply with the provisions of W. Va. Code, §30-1-21.

12.2. A person holding an unrestricted license, certificate, registration or permit granted to practice optometry by another state may serve as a volunteer without compensation for a charitable function for a period not to exceed ten days, subject to the approval process described in this section: A person who has received any completed disciplinary actions in which discipline was ordered in any of the three most recent years, or is the subject of any pending disciplinary actions is not eligible for this special volunteer license.

12.3. The applicant for a charitable function or event shall complete the Special Volunteer Application prescribed by the board. The application is available from the board. The application shall include the applicant’s name, address, phone number, email address, charitable event title, purpose and dates for the event, charitable event sponsoring organization, sponsoring organization’s address, telephone number and email address. The application shall also include all optometric licenses held in each state for the previous three years and any pending or completed disciplinary action taken regarding optometric licensure.

12.4. Upon a review of the information required in this section, the board shall provide a special volunteer license for the specific event authorized for a period not to exceed ten days.

12.5. The board shall not charge a fee to issue the special volunteer event license.

W. Va. Code R. § 14-1-13 Inactive License

13.1. An active licensee who is not practicing, and who has no disciplinary action pending against his or her license may request an inactive license.

13.2. A licensee who does not want to continue an active practice shall notify the board in writing and be granted inactive status.

13.3. A person granted inactive status is not subject to the payment of any fee and may not practice optometry in this state.

13.4. When the person wants to return to the practice of optometry within thirty-six months of obtaining inactive status, the person shall submit an application for renewal along with all applicable fees as set by rule.

13.5. The board may require, an interview, remedial education and/or examination passage prior to active licensure reinstatement.

13.6. Any inactive license shall be reactivated at the highest level of licensure. The inactive licensee shall submit to all requirements for the highest level of licensure prior to reactivation.

13.7. After thirty-six months of being placed on inactive status, a licensee is automatically placed on expired status. He or she may not apply to be returned to active status. A person whose license has expired must apply for a new license.

W. Va. Code R. § 14-1-14 Consideration of Criminal Convictions Regarding Licensure

14.1. The board may not disqualify an applicant from an initial license because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the practice of optometry. In determining whether a criminal conviction bears a rational nexus to the practice of optometry, the board shall consider at a minimum:

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

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

14.1.3. The relationship of the crime to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of an optometrist; and

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

14.2. Notwithstanding any other provision of the W. Va. Code to the contrary, if an applicant has been denied licensure because of a prior criminal conviction, the board shall permit the applicant to apply for initial licensure if:

14.2.1. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;

14.2.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and

14.2.3. 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 on a case-by-case basis.

14.3. 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.

14.3.1. Then the petition shall be submitted on an application form prescribed by the board available from the board and 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.

14.3.2. The applicant may submit with the petition for licensure eligibility evidence of rehabilitation, letters of reference, and any other information the applicant deems relevant to show fitness and the ability to practice optometry.

14.3.3. The board shall provide the determination of licensure eligibility within sixty days of receiving the petition.

W. Va. Code R. § 14-1-15 Member of Military License

15.1. The board shall issue a license to a member of the military who is assigned to active duty in this state, and satisfies the following conditions:

15.1.1. Holds a current license from another jurisdiction, and that jurisdiction’s requirements for licensure are substantially equivalent to or exceed the requirements for licensure for licensure for the board; and

15.1.2. Has demonstrated competency in optometry as determined by the board; and

15.1.3. Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license to practice that occupation in this state at the time the act was committed; and

15.1.4. Is in good standing; has not been disciplined by the agency that has had jurisdiction to issue the license, certification or permit; and has no pending complaints.

15.2. A nonresident licensed under this section is entitled to the same rights and subject to the same obligations as required of a resident licensed, certified, or registered by the board.

15.3. Any member of the military shall receive expedited application processing. The board shall review the application for a waiver and issue a decision for approval or disapproval within fifteen days.

15.4. The board shall issue a license to a member of the military or shall notify an applicant when the applicant’s military training or experience does not satisfy the requirements for licensure and specify the criteria or requirements that the board determined the applicant failed to meet and the basis for that determination.

15.5. All initial fees for applications under this section shall be waived by the board.

W. Va. Code R. § 14-1-16 Military Spouse License

16.1. The board shall issue a license to the spouse of a resident member of the military who is assigned to active duty in this state if the spouse satisfies the following conditions:

16.1.1. Holds a current license from another jurisdiction, and that jurisdiction’s requirements for licensure are substantially equivalent to or exceed the requirements for licensure of the board; and

16.1.2. Has demonstrated competency in optometry as determined by the board, such as having completed continuing education units or having had recent experience for at least two of the five years preceding the date of the application; and

16.1.3. Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license to practice that occupation in this state at the time the act was committed; and

16.1.4. Is in good standing; has not been disciplined by the agency that had jurisdiction to issue the license to practice, certification or permit; and has no pending complaints.

16.2. All relevant experience of a military spouse, including full-time and part-time experience, regardless of whether in a paid or volunteer capacity, shall be credited in the calculation of years of practice in an occupation as required under this rule.

16.3. A nonresident licensed under this section is entitled to the same rights and subject to the same obligations as required of a resident licensed, certified, or registered by the board.

16.4. Any spouse of a resident member of the military shall receive expedited application processing. The board shall review the application for a waiver and issue a decision for approval or disapproval of the military family waiver within fifteen days.

16.5. All initial fees for applications under this section shall be waived by the board.

W. Va. Code R. § 14-1-17 Temporary Permits for Military Trained Applicants and Their Spouses

17.1. Any military-trained applicant, or his or her spouse who has been licensed in another jurisdiction, if the licensing jurisdiction has licensure standards substantially equivalent to the standards for licensure of the Board, shall be eligible for a temporary license permit while the applicant is satisfying licensure requirements of the board. The temporary practice permit shall be issued using the same information as provided by the applicant in the licensure application and remain valid for one year or the required renewal or until a license is granted by the board. A temporary practice permit may be denied or revoked for a pending complaint after notice is provided.

17.2. The temporary permit, if issued, shall be in effect for the period of one year or the required renewal date for optometrists, or until a license is granted by the board. All initial fees for applications under this section shall be waived by the board.

W. Va. Code R. § 14-1-18 Submission of Forms. 18.1 All required documentation shall be submitted with the applicant’s application for licensure. All forms are available from the board

18.2. The applicant shall attest to the validity of the information provided by signing a written declaration provided by the board. The declaration will state that any falsification, omission or withholding of information of facts regarding eligibility shall be sufficient grounds for the suspension, cancellation, or revocation of his or her optometry license or temporary permit.

14CSR1

14CSR1

Series 02 Oral Pharmaceutical Certificate

W. Va. Code R. § 14-2-1 General

1.1. Scope. -- This legislative rule establishes the requirements, procedures and standards for the certification and re-certification of licensees to obtain an oral pharmaceutical certificate.

1.2. Authority. -- W. Va. Code §30-8-6, §30-8-9, and §30-8-14.

1.3. Filing Date. -- April 3, 2026.

1.4. Effective Date. -- April 3, 2026. 1.5 Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 14-2-2 Requirements For Oral Pharmaceutical Certificate

2.1. To be permitted to prescribe oral drugs under the provisions of W. Va. Code §§30-8-9 and 30-8-14, a licensee shall apply to the board for certification. To qualify for certification, a licensee:

2.1.1. Shall satisfactorily complete a course in clinical pharmacology as applied to optometry. This course shall have particular emphasis on the administration of oral pharmaceutical agents for the diagnosis and treatment of visual defects or abnormal conditions of the human eye and its appendages. In addition, the course shall include instruction on the clinical use of Schedule III, IV, and V agents. The course shall be taught by:

2.1.1.a. A school or college of optometry or a medical school, accredited by a regional or professional accreditation organization which is recognized or approved by the council on postsecondary accreditation or by the United States Department of Education;

2.1.1.b. A federally sponsored health education center; or

2.1.1.c. Other non-profit continuing education agencies in cooperation with appropriate optometry or medical school faculty. All courses of instruction shall be approved by the board; and

2.1.2. Shall pass an examination relating to the treatment and management of ocular disease, which is prepared, administered, and graded by the National Board of Examiners in Optometry or other nationally recognized optometric organization as approved by the board.

W. Va. Code R. § 14-2-3 Certificate Application

3.1. The licensee shall complete the prescribed oral pharmaceutical certificate application form.

3.2. The licensee shall submit a certificate of successful completion by the licensee for the course listed in section 2 of this rule. The board or its designee shall verify successful completion of the course directly with the provider.

3.3. The licensee shall submit the passing score report for the examination listed in 2.1.2. of this rule. The board or its designee shall verify passage of the examination directly with the provider.

3.4. The licensee shall submit a copy of a liability insurance certificate in an amount of not less than one million dollars per occurrence and three million aggregate coverage.

3.5. The licensee shall submit the fee listed in the board’s rule, Schedule of Fees, W. Va. Code of State Rules, §14CSR5.

W. Va. Code R. § 14-2-4 Certification

4.1. Upon the licensee’s successful completion of the requirements and application listed in sections 2 and 3 and approval by the board or its designee a certificate may be issued.

W. Va. Code R. § 14-2-5 Re-certification

5.1. The certificate holder applying for re-certification shall have available for the board, satisfactory evidence that he or she has acquired the continuing education hours required under the W. Va. Code of State Rules, §14CSR10 and this rule, to renew his or her annual license.

5.2. The certificate holder shall submit a copy of a liability insurance certificate in an amount of not less than one million dollars per occurrence and three million dollars aggregate coverage.

5.3. The certificate holder shall submit the fee listed in the W. Va. Code of State Rules, §14CSR5, Schedule of Fees.

5.4. It is the responsibility of each licensee to furnish proof of current liability insurance coverage to the board upon application for certification and re-certification.

W. Va. Code R. § 14-2-6 Insurance

6.1. All licensees certified under this rule shall carry liability insurance coverage in an amount of not less than one million dollars per occurrence and three million dollars aggregate coverage. No licensee shall practice under the provisions of this rule unless and until he or she has submitted to the board evidence of the liability insurance coverage in an amount not less than one million dollars per occurrence and three million dollars aggregate coverage.

W. Va. Code R. § 14-2-7 Drug Formulary

7.1. Licensees certified under the provisions of this rule may prescribe the drugs set forth in W. Va. Code §§30-8-9, 30-8-14 and this section.

7.2. W. Va. Code §30-8-6 authorizes the board to develop a formulary of categories of oral drugs to be considered rational to the diagnosis and treatment of visual defects or abnormal conditions of the human eye and its appendages from Schedules III, IV and V, excluding Schedule I and Schedule II of the Uniform Controlled Substances Act. The categories include:

7.2.1. Oral Antibiotics;

7.2.2. Oral Nonsteroidal Anti-inflammatory Drugs;

7.2.3. Oral Carbonic Anhydrase Inhibitors;

7.2.4. Antihistamines;

7.2.5. Oral Corticosteroids, may be prescribed for a duration of no more than six days;

7.2.6. Analgesics, provided that no oral narcotic analgesic may be prescribed for a duration of more than three days; and

7.2.7. Nutritional Supplements.

7.2.8. New drugs or new drug indications from Schedules III, IV and V, excluding Schedule I and Schedule II of the Uniform Controlled Substances Act which, regardless of their listed classification, have been shown to be effective in the examination, diagnosis or treatment of diseases and conditions of the human eye and its appendages may be approved by the board according to the provisions of W. Va. Code §§30-8-9 and 30-8-14.

7.2.9. A list of approved new drugs and new drug indications proven to be effective in the examination, diagnosis or treatment of diseases and conditions of the human eye and its appendages shall be maintained by the board for public inspection on the board’s website.

7.2.10. The approval of Schedule I and Schedule II drugs is prohibited.

W. Va. Code R. § 14-2-8 New Drug Approval

8.1. The addition of new drugs or drug indications by the board as cited in subsection 7.2 of this rule may be based on any of the following criteria:

8.1.1. A new or existing drug has been approved by the Food and Drug Administration for the treatment of the eye or its appendages.

8.1.2. A new drug or new drug indication has gained accepted use in the eye care field. Such acceptance may be indicated by its inclusion in the curriculum of an optometry school accredited by the Accreditation Council on Optometric Education or its successor approved by the U.S. Department of Education or approved post-graduate continuing education, through peer-reviewed, evidence-based research and professional journal articles, or by inclusion in established standards of practice and care published by professional organizations.

W. Va. Code R. § 14-2-9 Education and Training on the Use of New Drugs and New Drug Indications

9.1. Additional education and training may be required by the board as it deems appropriate when it adds new drugs or new drug indications.

9.2. This training may be provided through an optometry school accredited by the Accreditation Council on Optometric Education or its successor recognized by the U.S. Department of Education or approved post-graduate training.

9.3. A list of Board required training for new drugs or new drug indications shall be maintained by the board for public inspection on the board’s website.

W. Va. Code R. § 14-2-10 Restrictions

10.1. A certificate holder may not establish a pharmacy in an optometric office or sell oral pharmaceutical agents prescribed in treatment unless there is a licensed pharmacist on staff and present when the prescriptions are filled.

10.1.1. The certificate holder may also pass on to the patient a charge for any medications provided to initiate treatment which reflects only the actual amount paid by the optometrist for the agents. In no event shall an optometrist increase the cost of the pharmaceutical agent beyond the wholesale cost of that medication.

10.2. The certificate holder practicing under the authority of this rule shall be held to the same standards of care as that of other health care practitioners providing similar services.

14CSR2

14CSR2

Series 03 Contested Case Hearing Procedure

W. Va. Code R. § 14-3-1 General

1.1. Scope. -- This rule specifies the procedure for the adjudication of contested case hearings before the Board.

1.2. Authority. -- W. Va. Code §§30-8-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- December 23, 2025.

1.4. Effective Date. -- January 22, 2026.

W. Va. Code R. § 14-3-2 Definitions

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

2.1. "Board" means the West Virginia Board of Optometry.

2.2. "Demanding Party" means an individual who has been denied a license to practice optometry 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. The term "Charged Party" means an individual who holds a license to practice optometry or permit issued by the Board and who has been charged by the Board as described in Section 3.4 of these rules.

2.4. "License" means a license or permit issued by the Board pursuant to W. Va. Code §30-8-1 et seq.

2.5. The term "Licensee" means an individual who holds a license to practice optometry issued by the Board.

2.6. "Permittee" means a person who holds a temporary optometry permit.

2.7. “Practice of optometry” means the practice of optometry as defined in W. Va. Code §30-8-3 (2025).

W. Va. Code R. § 14-3-3 Hearing Procedure

3.1. Any applicant denied a license or permit or any licensee or permit holder who has had their license or permit suspended by the Board who believes such denial was in violation of W. Va. Code §§30-1-1 et seq. and/or 30-8-1 et seq. shall be entitled to a hearing on the action denying or suspending such license or permit.

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 Chair 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 within forty-five (45) days 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 licensee or permittee by the Board when probable cause exists for believing that the licensee or permittee may have engaged in conduct, practices or acts in such condition that his or her license or permit should be suspended, revoked or otherwise disciplined for one or more of the grounds set forth in W. Va. Code §30-8-18, 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 or permittee 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 optometry. Such Complaint and Notice of Hearing shall designate the Board as the “Complainant”, and shall designate the licensee or permittee 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; and shall state the date, time and place for the hearing.

3.6. Upon receipt of a demand for a hearing described in subsections 3.1 and 3.2 of this section, the chair or his or her designee shall provide the demanding party, with a Complaint and Notice of Hearing issued in the name of the Board. Such Complaint and Notice of Hearing shall designate the demanding party as the “Complainant” and shall designate the Board as the “Respondent”; shall set out the substance of each and every reason that the Board has denied the demanding party a license or permit with sufficient particularity to reasonably apprize the demanding party of the nature, time and place of the conduct or condition at issue therein; and shall state the date, time and place for the hearing.

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

3.8. 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 hearing.

3.9. 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.

3.10. Hearings shall be conducted as follows:

3.10.1. 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.

3.10.2. The Board shall be represented by the West Virginia Attorney General's Office.

3.10.3. 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.

3.10.4. The rules of privilege recognized by the law of this state shall be followed.

3.10.5. 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 other evidence.

3.10.6. 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 by the Board or hearing examiner and, when appropriate, may cross-examine witnesses called by the Board in support of the charges or in defense of its decision to deny licensure or a permit.

3.10.7. The hearing shall be held at such time and place as is designated by the Board, but no hearing shall be conducted unless and until 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 successive weeks in a newspaper published in this state; or such notice may be served by registered or certified mail.

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

3.10.9. 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 testified.

3.10.10. The hearing shall be conducted by a quorum of the Board or, if the Board so chooses, a hearing examiner chosen by the Board.

3.10.11. 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.

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

3.10.13. Where a hearing is held upon the instance of the Board after charges have been brought against a licensee pursuant to subsection 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.

3.10.14. Where a hearing is held upon demand under the provisions of subsections 3.1, 3.2, 3.3, and 3.6 of this action, the demanding party shall have the burden of proof and shall therefore be required to present his or her evidence first. The Board may require the person demanding the hearing to give security for the costs thereof and if the demanding party does not substantially prevail, such facts may be assessed against them and may be collected in a civil action or by other proper remedy.

3.10.15. Following the conclusion of the Board's presentation of evidence in accordance with subsection 3.10.13 of this section the respondent or charged party shall have the right to submit his or her evidence in defense.

3.10.16. Following the conclusion of the demanding party's presentation of evidence in accordance with subsection 3.10.14 of this section, the Board shall have the right to offer its evidence in rebuttal.

3.10.17. The Board may call witnesses to testify in support of its decision to deny licensure, to deny a permit or in support of the charges instituted against a licensee or permittee; 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.

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

3.10.19. Hearings held by the Board or hearing examiner may be continued or adjourned to a later date or different place by the Board or its designee by appropriate notice to all parties.

3.10.20. Motions for a continuance of a hearing may be granted upon a showing of good cause. Motions for continuance must be in writing and received in the office of the Board no later than seven days before 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 days from the hearing date may be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance shall be ruled on by the Board member(s), the member presiding over the hearing or hearing examiner.

3.10.21. 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 an shall be received in the office of the Board at least ten 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) presiding at the hearing or the hearing examiner shall hear the motions and the response from the non-moving party and shall rule on such motions accordingly.

W. Va. Code R. § 14-3-4 Transcription of Testimony and Evidence

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

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

4.3. Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the Board chair, presiding member or the 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.

W. Va. Code R. § 14-3-5 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 hearing examiner.

W. Va. Code R. § 14-3-6 Conferences; lnformal Disposition of Cases

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

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

6.1.2. To simplify or settle issues by consent of the parties; or,

6.1.3. To provide for the informal disposition of cases by stipulation or agreement.

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

6.3. 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. § 14-3-7 Depositions

7.1. 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. § 14-3-8 Subpoenas

8.1. Subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel the production of documents may be issued by any member of the Board or hearing examiner, its Executive Director or its Assistant Executive Director. Such subpoenas shall be issued pursuant to W. Va. Code §29A-5-1(b).

8.2. Written requests by a party for the issuance of subpoenas or subpoenas duces tecum as provided in subsection 8.1 of this section must be received by the Board or hearing examiner no later than ten (10) days before a scheduled hearing. Any party requesting the issuance of subpoenas duces tecum shall see that they are properly served in accordance with W. Va. Code §29A-5-1(b)

W. Va. Code R. § 14-3-9 Orders

9.1. 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 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.

9.2. 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. The Board may assess administrative costs to the licensee if the licensee is found to have violated the provisions of W. Va. Code §30-8-1 et. seq. or the Board’s rules, 14CSR. Any costs which are assessed shall be placed into the special account of the Board. 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 or her attorney of record, if any, within ten (10) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 14-3-10 Appeal

10.1. An appeal from any final order entered in accordance with these rules shall comply with the provisions of W. Va. Code §§30-1-9 and 29A-6-1 et seq.

Series 04 Disciplinary and Complaint Procedures for Optometrists

W. Va. Code R. § 14-4-1 General

1.1. Scope. -- This rule specifies a procedure for the investigation and resolution of complaints against optometrists.

1.2. Authority. -- W. Va. Code §§30-8-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- December 23, 2025.

1.4. Effective Date. -- January 22, 2026.

W. Va. Code R. § 14-4-2 Application

2.1. This rule applies to all licensed optometrists.

W. Va. Code R. § 14-4-3 Definitions

The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires:

3.1. “Applicant” means any person making application for an original or renewal license pursuant to W. Va. Code §30-8-1 et seq.

3.2. “Board” means the West Virginia Board of Optometry.

3.3. “License” means a license issued by the Board pursuant to W. Va. Code §30-8-1 et seq.

3.4. “Optometrist” means a person who practices optometry as defined in W. Va. Code §30-8-3.

3.5. “Investigator” means a person who is hired by the Board for the purpose of investigating and/or reviewing complaints against optometrists.

W. Va. Code R. § 14-4-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Optometrists

4.1. The Board may deny an application for license, place a licensee on probation, limit or restrict a license, suspend a license or revoke any license issued by the Board, upon satisfactory proof that a licensee has been convicted of a felony or is, in his or her professional capacity, engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §30-8-1 et seq. or the rules of the Board.

W. Va. Code R. § 14-4-5 Disposition of Complaints

5.1. Any person, firm, corporation, member of the Board, or public officer may make a complaint to the Board which charges an optometrist engaged in the practice of optometry with a violation of W. Va. Code §30-8-1 et seq. or of conduct which would be a violation of the rules of the Board. The Board may provide a form for that purpose, but a complaint must be filed in written form. In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following:

5.1.1. The name and address of the optometrist engaged in the practice of optometry against whom the complaint is lodged;

5.1.2. The date of care;

5.1.3. The name of any person who may have treated the patient after the alleged incident; and,

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

5.2. A complaint against an optometrist engaged in the practice of optometry shall allege that such person has been convicted of a felony or is, in his or her professional capacity, engaging in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §30-8-1 et seq. or the rules of the Board.

5.3. Complainants are immune from liability for the allegations contained in their complaints filed with the Board unless the complaint is filed in bad faith or for a malicious purpose.

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

5.5. The Board shall maintain a separate file on each complaint received, and each file shall have a number assigned to it.

5.6. Upon receipt of a complaint, the Board shall issue one of the following acknowledgments to the complainant:

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

5.6.2. 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,

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

5.7. The Board shall send a copy of the complaint, including any supporting documentation, by certified mail to the licensee, engaged in the practice of optometry in question for his or her written comment, and he or she shall submit a written response to the Board within thirty (30) days of the date of such correspondence, or waive the right to do so.

5.8. Requests for comment on complaints sent to licensees or entities engaged in the practice of optometry shall be considered properly served when sent to their last known address. It is the responsibility of the licensee engaged in the practice of optometry to keep the Board informed of his or her current address.

5.9. Upon receipt of a licensee engaged in the practice of optometry’s comments in response to a complaint, the Board shall promptly send a copy of the same, including any supporting documentation, to the complainant.

5.10. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 5.6.2. of this rule, the Board shall cause to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations set forth in the complaint. The review of complaints and any view or investigation thereof may, at the discretion of the Board, be assigned to a committee of the Board.

5.11. At any point in its investigation of a complaint the Board may, at its discretion, assign the matter to a Board member or an investigator for review and investigation.

5.12. Upon receipt of a complaint the investigator shall, within sixty days, review and investigate the same and provide the Board with a report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the care provided, the records reviewed and a statement of the investigator’s findings and recommendations. The investigator shall, upon request, be afforded an opportunity to have an investigation interview with the licensee, engaged in the practice of optometry in question or other involved parties, a report of which shall be placed in the investigation file.

5.13. To facilitate the disposition of a complaint, the Board or the committee may request any person to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint. The Board or the 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 subsequent hearing on the merits without the consent of all parties to the hearing. No prejudice shall attach for failure to attend a conference pursuant to a request.

5.14. The Board, its president, the investigating committee, or chairperson, executive secretary or the Board’s designee may issue subpoenas and subpoenas duces tecum to complete the Board’s investigation and to determine the truth or validity of complaints. The investigator may request the Board, its president, investigating committee or chairperson, executive secretary or the Board’s designee to issue a subpoena or subpoena duces tecum. Any such request shall be accompanied by a brief statement specifying the necessity for the same.

5.15. At any point in the course of an investigation or inquiry into a complaint, the Board 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 an optometrist engaged in the practice of optometry may be sanctioned by the Board: Provided, that in the event the review and investigation of a complaint is assigned to the committee or an investigator, the committee or investigator shall make their respective findings and recommendations to the Board prior to the Board dismissing the complaint.

W. Va. Code R. § 14-4-6 Methods of Discipline

6.1. When the Board finds that any applicant is unqualified to be granted a license or finds that any licensee or permittee should be disciplined pursuant to W. Va. Code §30-8-1 et. seq. or rules of the Board, the Board may take any of the actions listed in W. Va. Code §30-8-18.

6.2. In addition to and in conjunction with the foregoing actions, the Board may make a finding adverse to the licensee or applicant, but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend or otherwise stay enforcement thereof and place the applicant, licensee or permittee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the Board may impose. In its discretion, the Board may restore and reissue a license to practice optometry issued under W. Va. Code §30-8-1 et seq., or any antecedent law, and as a condition of reinstatement, it may impose any disciplinary or corrective measure(s) provided for in this rule or in the W. Va. Code §30-8-1 et. seq. The provisions of 14CSR4-6.2 shall not apply to revoked licenses.

6.3. The Board may refer any complaints to an appropriate committee of an appropriate professional organization for investigation and report.

6.3.1. In cases of conduct alleged to be part of a pattern of similar misconduct or professional incapacity that, if continued, would pose risks of a serious or substantial nature to the Optometrist’s current patients, the Board or investigating body may conduct a limited investigation related to the Optometrist’s current capacity and qualification to practice and may recommend conditions, restrictions, or limitations on the Optometrist’s license to practice that it considers necessary for the protection of the public. The Board or investigating body may require a licensed Optometrist to submit to a physical or mental examination by a physician or physicians approved by the Board. An Optometrist submitting to an examination has the right, at his or her expense, to designate another physician to be present at the examination and make an independent report to the Board or Hearing Examiner. The expense of the examination shall be paid by the Board. Any individual who applies for or accepts the privilege of practicing Optometry in this state is considered to have given his or her consent to submit to all examinations when requested to do so in writing by the Board and to have waived all objections to the admissibility of the testimony or examination report of any examining physician on the ground that the testimony or report is privileged communication. If a person fails or refuses to submit to an examination under circumstances which the Board finds are not beyond his or her control, failure or refusal is prima facie evidence of his or her inability to practice Optometry competently and in compliance with the standards of acceptable and prevailing optometry practice. Any report shall contain recommendations for any necessary disciplinary measures and shall be filed with the Board within 90 days of any referral. The recommendations shall be considered by the Board and the case may be further investigated by the Board. The Board after full investigation shall take whatever action it considers appropriate, as provided in this section.

6.4. The Board may assess administrative costs to the licensee if the licensee is found to have violated the provisions of W. Va. Code §30-8-1 et. seq. or the Board’s rules, 14CSR. Any costs which are assessed shall be placed in the special account of the Board.

W. Va. Code R. § 14-4-7 Appeals

7.1. Any applicant engaged in the practice of optometry who has had his or her application for a license denied may appeal the order within thirty (30) days of that action in accordance with the contested case hearing procedures set forth in W. Va. Code §29A-6-1 et seq. and the 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.

W. Va. Code R. § 14-4-8 Court Action and the Unlicensed Practice of Optometry

8.1. The Board may institute, in its own name, proceedings to temporarily or permanently restrain and enjoin the practice of optometry by the following:

8.1.1. An individual who is not licensed to practice optometry pursuant to Chapter 30-8, or who is involved in conduct not specifically exempted from the requirement of Chapter 30-8; or

8.1.2. An individual who was previously licensed by the Board to practice optometry but is currently practicing optometry in violation of Chapter 30-8, regardless of whether the respondent has been convicted of violating the penal provisions thereof.

8.2. Petition for injunction filed under subsection one of this section may be filed in Kanawha Circuit Court or the circuit court of the county in which said violation occurred, and the Board shall not be required to pay any costs or filing fees or furnish any bond in connection therewith.

8.2.1. In the petition, it shall be sufficient to charge that the respondent on a day certain in a named county engaged in the practice of optometry in violation of Chapter 30-8. No showing of damage or injury shall be required.

8.2.2. Issuance of an injunction shall enjoin any act specified under Chapter 30-8 and shall remain in place as long as necessary to prevent the unlawful practice of optometry.

8.2.3. Issuance of an injunction shall not relieve the respondent from being subject to any other proceeding under law provided by Chapter 30-8 or otherwise.

8.2.4. Violation of an injunction or restraining order shall be punished as a contempt without the intervention of a jury.

8.3. Any person who violates any of the provisions of Chapter 30-8 or the rules of the board shall be guilty of a Class A misdemeanor and shall pay a fine not to exceed five thousand dollars ($5,000) per violation.

Series 05 Schedule of Fees

W. Va. Code R. § 14-5-1 General

1.1. Scope. -- This schedule establishes the fees to be charged by the Board.

1.2. Authority. -- W. Va. Code §30-8-5.

1.3. Filing Date. -- April 3, 2026.

1.4. Effective Date. -- April 3, 2026. 1.5 Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 14-5-2 Schedule of Fees

2.1. Application Fee $300.00

2.2. Active License Restoration Fee $500.00

2.3. Temporary Permit Fee $300.00

2.4. Oral Pharmaceutical Certificate $200.00

2.5. Contact Lenses That Deliver Pharmaceuticals Certificate $50.00

2.6. Pharmaceuticals By Injection Certificate $200.00

2.7. License Card and Certificate $100.00

2.8. Duplicate License Card $15.00

2.9. Duplicate Certificate $25.00

2.10. Annual Renewal Fee $500.00

2.11. Late Renewal Fee $300.00

2.12. Continuing Education Provider Fee $50.00

2.13. License Verification Fee $25.00

2.14. Business Entity Verification Fee $25.00

2.15. Roster of Active Licensed WV Optometrists (Electronic or Hard Copy) $200.00

2.16. Written Change of Name $10.00

2.17. Written Change of Address $10.00

2.18. Copies of Public Records (Per page) $0.50

2.19. Telehealth Certification Fee $200.00

2.20. Laser Certification Fee $200.00

2.21. Fees are payable to the West Virginia Board of Optometry by check, money order, certified check, or credit card.

14CSR5

14CSR5

Series 07 Administration and Board Meetings

W. Va. Code R. § 14-7-1 General

1.1. Scope. -- This rule establishes the procedures for the administration and operation of meetings for the West Virginia Board of Optometry.

1.2. Authority. -- W. Va. Code §§30-8 et seq.

1.3. Filing Date. -- December 23, 2025.

1.4. Effective Date. -- January 22, 2026.

W. Va. Code R. § 14-7-2 Administration

2.1. At the regular annual meeting, defined as the first meeting after July 1st of each year, the Board shall elect a President and Secretary-Treasurer. Any vacancy in the officers of the Board may be filled at any duly convened meeting of the Board.

2.2. The president has power to appoint committees from the Board membership and the duties of the committees shall be to consider such matters, pertaining to the enforcement of the Optometry Laws of this State and the rules promulgated in accordance with the laws, shall be referred to the committees and they shall make recommendations to the Board. The President shall preside over all meetings of the Board and shall be ex-officio chairman of all committees.

2.3. The Secretary-Treasurer shall approve records of all meetings, receive a monthly report of all income and expenditures of the Board and provide a financial report at the regular annual meeting each year. The Board shall comply with all audit requests from the West Virginia State Auditor and the West Virginia Legislative Auditor’s Office.

2.4. Member Compensation—Every member of the Board shall receive $200.00 per day spent attending sessions of the Board, or its committees, and the travel necessary thereto. Every member shall be similarly reimbursed at the stated per diem amount plus expenses for attending all activities approved by the Board regarding the operation and function of the Board, and for all reasonable and necessary expenses incurred while carrying out the provisions of W. Va. Code §§30-8-1 et seq.

2.5. The Board may employ an Executive Secretary/Director, or any other administrative staff member(s) the Board deems necessary. Board employees shall be empowered and authorized to perform those activities and discharge duties required of the Board and the Secretary-Treasurer of the Board pursuant to West Virginia law and these rules when directed by the Board to do so.

2.6. Office Location: the official office of the Board is, unless otherwise designated by the Board, located at the office of the Executive Secretary/Director.

W. Va. Code R. § 14-7-3 Meetings of the Board

3.1. The Board shall hold a regular meeting at least twice per year, and at least once a year an applicant examination for licensure shall be given. The time and place of these meetings and examinations shall be determined by the Board President.

3.2. Special meetings of the Board shall be held upon request of the Board President, the Board Secretary-Treasurer, or a majority of the members of the Board. The meetings may be held in person or by teleconference. All meetings should be properly noticed with the West Virginia Secretary of State and comply with the West Virginia Open Meetings Act.

3.3. Quorums: Before any action can be taken by the Board, a majority of the current members must be in attendance in person or by teleconference at the time set for the meeting of the Board.

3.4. When there are matters of importance that should be reviewed for informational purposes, the President shall have authority to submit matters to the Board electronically in the interim period between meetings.

3.5. The following procedure will be followed to permit guests to address the Board at meetings:

3.5.1. All guests will sign the guest sign-in sheet; if there are written materials for the Board members, the guests will leave them on the sign-in table; guests will not distribute materials to Board members;

3.5.2. At the time designated for speakers to address the Board, guests will be called upon to speak one at a time using the guest sign-in sheet;

3.5.3. Each guest will be allotted five minutes to speak; a member of the Board may move that additional time be allotted to a guest up to a maximum of an additional ten minutes; if the motion is approved by a majority of the Board, the speaker may proceed for the period of time described in the motion;

3.5.4. Questions may be asked by any Board member of any guest speaker; the speaker will be recognized for a response;

3.5.5. The Board will not enter into a discussion or debate with any guest speaker;

3.5.6. The Board President will take the matter(s) presented under advisement, and if appropriate, refer the matter to the Board for review;

3.5.7. If any guest disrupts the meeting so that orderly conduct of the meeting is compromised, the Board President will ask that the guest be removed from the room;

W. Va. Code R. § 14-7-4 Application Interview

4.1. For all license applicants, the Board shall conduct the application interview with a quorum of the Board being present in person or by teleconference during any meeting of the Board.

4.2. The Board members shall question the applicant on any and all topics necessary to evaluate the candidate’s competency to practice optometry.

4.3. A quorum of the Board members present at the meeting may evaluate the applicant’s successful completion of the interview by consensus.

4.4. The Board may waive an applicant’s interview requirement by consensus.

W. Va. Code R. § 14-7-5 Severability

5.1. If any rule or regulation promulgated pursuant to W. Va. Code §§30-8-1, et seq., or the application thereof to any person or circumstance is held unconstitutional or invalid, unconstitutionality or invalidity shall not affect other provisions or applications of these rules and regulations, and to this end the complete rules and regulations of the Board are severable.

14CSR7

14CSR7

Series 08 Licensure by Reciprocity

W. Va. Code R. § 14-8-1 General

1.1. Scope. -- This rule establishes requirements of the West Virginia Board of Optometry for licensure by reciprocity for doctors of optometry.

1.2. Authority. -- W. Va. Code §30-8-13.

1.3. Filing Date. -- April 3, 2026.

1.4. Effective Date. -- April 3, 2026. 1.5 Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 14-8-2 Requirements for Licensure by Reciprocity

2.1. An applicant for licensure by reciprocity shall hold a current optometry license in good standing from another state or states which requirements are substantially equivalent to those required in this state.

2.2. Unless waived by the board, an applicant for licensure by reciprocity shall:

2.2.1. Apply for the highest level of licensure in this state;

2.2.2. Be current in the continuing education requirements of his or her current states of licensure;

2.2.3. Have engaged in the active practice of optometry (or on the faculty of a school or college of optometry or in active federal service) for at least five of the seven years immediately preceding his or her application;

2.2.4. Have not committed any act that would constitute grounds for disciplinary action under the W. Va. Code §30-8-18 or rules of the board; and

2.2.5. Not be subject to any unresolved disciplinary action.

2.2.6. At the option of the board, an applicant for licensure by reciprocity may be required to take the National Board Examination.

W. Va. Code R. § 14-8-3 Application for Licensure by Reciprocity

3.1. The applicant shall submit the prescribed application and include two current photographs of him or herself not to exceed two inches by two inches.

3.2. The applicant shall submit certification from the National Board of Examiners in Optometry or its successor or equivalent, or

3.2.1. The applicant shall arrange for an official license verification from each state or jurisdiction where he or she holds, has ever held, or ever applied for a license be sent directly to the board.

3.3. The applicant shall arrange for an official current copy of his or her record from the National Practitioner Data Bank to be sent directly to the board.

3.4. The applicant shall supply written evidence that he or she has met all criteria for the highest level of licensure as listed in W. Va. Code §30-8-1, et. seq. and the rules of the board.

3.5. In the application the applicant shall state that he or she shall abide by the laws of this state regulating the practice of optometry and by the rules adopted by the board.

3.6. The application shall be subscribed by the applicant and sworn by him or her with his or her signature.

3.7. The board shall deny the right to licensure by reciprocity to any applicant furnishing false information in the application, or if the applicant has been licensed before it is made known to the board of the falseness of the information, the license is subject to suspension, revocation or cancellation.

3.8. The applicant shall pay the fee established by the board’s rule, Schedule of Fees, W. Va. Code of State Rules, §14CSR5.

3.9. The board may require an applicant to interview with the board.

14CSR8

14CSR8

Series 09 Contact Lenses that Contain And Deliver Pharmaceutical Agents Certificate

W. Va. Code R. § 14-9-1 General

1.1. Scope. -- This rule establishes the requirements, procedures and standards for the certification of a licensee with the authority to prescribe and dispense contact lenses that contain and deliver pharmaceutical agents and that have been approved by the Food and Drug Administration as a drug.

1.2. Authority. -- W. Va. Code §30-8-1 et. seq.

1.3. Filing Date. -- August 12, 2011.

1.4. Effective Date. -- August 15, 2011.

W. Va. Code R. § 14-9-2 Requirement

2.1. In order to qualify for certification, a licensee shall successfully complete the requirements for licensure in West Virginia and must have an active practice within the state of West Virginia.

W. Va. Code R. § 14-9-3 Application

3.1. The licensee shall submit the Board’s prescribed certificate application form to the Board;

3.2. The licensee shall attach a copy of his or license and each physical address from which the optometrist intends to dispense contact lenses that contain and deliver pharmaceutical agents; and

3.3. Shall pay the fee listed in the Board’s rule, Schedule of Fees, W. Va. Code of State Rules, §14CSR5.

W. Va. Code R. § 14-9-4 Dispensation

4.1. A licensee with certification under the provisions of this rule may dispense contact lenses that deliver pharmaceutical agents approved by the Food and Drug Administration as a drug from his or her optometric office.

4.2. The licensee shall be permitted to charge reasonable and customary fees for the dispensation of contact lenses that contain and deliver pharmaceutical agents approved by the Food and Drug Administration as a drug.

4.3. Optometrists who are certified to prescribe and dispense contact lenses that contain and deliver pharmaceutical agents may dispense these lenses to their own patients, but not fill prescriptions written by other health care practitioners.

14CSR9

14CSR9

Series 10 Continuing Education

W. Va. Code R. § 14-10-1 General

1.1. Scope. -- This legislative rule establishes requirements for continuing education for licensees.

1.2. Authority -- W. Va. Code §30-8-1., et seq. and W Va. Code 30-1-7a.

1.3. Filing Date -- April 3, 2026.

1.4. Effective Date -- April 3, 2026.

1.5. Sunset Provision -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 14-10-2 Definition

2.1. “Board” means the West Virginia Board of Optometry.

2.2. “Controlled Substances” means a drug, substance or immediate precursor listed or described in Schedules I through V of Article Two, chapter 60A of the West Virginia Code.

2.3. “Licensee” means an optometrist licensed under the provisions of W. Va. Code §30-8-1, et. seq. and the provisions of the board’s rules, W. Va. Code R., 14-1., et. seq.

W. Va. Code R. § 14-10-3 Continuing Education

3.1. A licensee shall complete a minimum of forty hours of continuing education for each even-numbered, two-year cycle.

3.2. Of the required forty hours, the licensee shall complete the following categories of continuing education:

3.2.1. a minimum of twelve hours of study in pharmacology or therapeutics courses;

3.2.2. a maximum of ten hours of optometric study may be taken by correspondence, via the Internet or other electronic means;

3.2.3. a minimum of two hours of study in administering pharmaceutical agents by injection;

3.2.4. a minimum of two hours of study in laser or advanced procedures continuing education.

3.3. In addition to the above-listed continuing education requirements, all licensees are required to obtain and maintain current certification from the American Red Cross, American Heart Association, or other certified organization in basic life support recognized and approved by the board.

3.4. The licensee shall maintain evidence of meeting the continuing education requirements for a period of four years. Required documentation of compliance with continuing education requirements is subject to audit by the board. A licensee who fails a board audit of continuing education records may be subject to disciplinary action.

3.5. All continuing education study must be sponsored or approved by one of the organizations listed in W. Va. Code R. §14-10-5.1 or pre-approved by the board as outlined in W. Va. Code R. §14-10-6.

3.6. The board reserves its right to assign the category of credit granted for each continuing education course in accordance with W.Va. Code R., §14-10-3.2. through W. Va. Code R., §14-10-3.5.

W. Va. Code R. § 14-10-4 Drug Diversion Training and Best Practice Prescribing of Controlled Substances

4.1. A person who receives his or her initial license to practice optometry shall complete two hours of continuing education in drug diversion training and best practice prescribing of controlled substances training within one year of receiving his or her license.

W. Va. Code R. § 14-10-5 Approved Continuing Education and Accreditation Programs

5.1. Educational programs sponsored or approved by the following organizations are approved by the board:

5.1.1. the American Optometric Association or its affiliated organizations;

5.1.2. the West Virginia Association of Optometric Physicians and other state optometric associations;

5.1.3. the American Academy of Optometry;

5.1.4. post-graduate courses offered at any accredited school or college of optometry;

5.1.5. the Southern Council of Optometry or its affiliates; and

5.1.6. the Council on Optometric Practitioner Education.

W. Va. Code R. § 14-10-6 Pre-approval of Continuing Education Courses or Events

6.1. A continuing education provider not listed in section §14-10-5. of this rule may submit a written request to the board for continuing education course or event approval. Each application shall include payment of the fee established in the board’s rule, W. Va. Code R., §14-5-1., et. seq.

6.2. A request for approval from a continuing education provider must be received at least ninety days prior to the course, meeting or seminar; however, the board may waive this requirement at its discretion.

6.3. The continuing education provider shall include a Curriculum Vitae for the instructor as well as a copy of all handouts, power point presentations, or other electronic or nonelectronic materials that are part of the continuing education course as part of its application for board approval.

6.4. Upon review the board may reject the continuing education course, approve the continuing education course or approve the continuing education course conditionally.

6.4.1. If the board conditionally approves the course, the continuing education provider must submit evidence that the conditions have been met prior to the continuing education event for the event to be approved by the board.

6.5. All decisions of the board are final and there is no appeal process. If the board rejects a continuing education course or event and the continuing education provider wishes to resubmit the request for board approval, a new application must be submitted in compliance with the requirements of this rule.

6.6. The board president may designate a committee to recommend approval or disapproval of the continuing education courses submitted. The committee members may or may not be members of the board. The committee shall report its findings to the board for action.

W. Va. Code R. § 14-10-7 Required Documentation

7.1. Evidence of attendance shall be obtained and maintained by the licensee. The evidence of attendance shall include the date and place of the meeting or instruction, speaker or instructor, the title of the course, the sponsor of the meeting, COPE or other approved program number if applicable, hours in attendance, the method of instructional delivery which may include, but is not limited to, live on-site presentation, correspondence, Internet or other electronic means.

7.2. The board may require use of the Association of Regulatory Boards of Optometry’s OE Tracker system or other evidence of attendance as the board deems appropriate.

W. Va. Code R. § 14-10-8 Exemptions

8.1. A licensee who has graduated from an optometry school accredited by the Accreditation Council on Optometric Education or its successor recognized by the U.S. Department of Education within one year of successfully completing the license interview evaluation shall be exempt from the requirements of section §14-10-3. for a period of time from the date of successful completion of the license interview evaluation to the licensee’s first license renewal. The initial licensee shall complete two hours of continuing education training in drug diversion and best practice prescribing of controlled substances pursuant to W. Va. Code R., §14-10-4.1.

8.2. Those licensees not covered by the provisions of 8.1. of this section may make a sworn request for exemption from the continuing education requirements listed in W. Va. Code R., §14-10-3. The sworn affidavit shall contain reasons acceptable to the board for noncompliance with the board’s continuing education requirements and shall be filed with the board before he or she applies for renewal of his or her license.

8.2.1. The board shall review the affidavit and grant or reject the request for exemption.

8.2.2. If the exemption is rejected, the board may grant the licensee a specified period of time to obtain the remaining required continuing education hours.

8.2.3. The board shall notify the licensee of its decision by certified mail within thirty days of the receipt of the licensee’s request.

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14CSR10

Series 11 Injectable Pharmaceutical Agents Certificate

W. Va. Code R. § 14-11-1 General

1.1. Scope. -- This rule establishes the requirements, procedures and standards for the certification of a licensee to administer injectable pharmaceutical agents which are considered rational to the diagnosis and treatment of the human eye and its appendages. The provisions of this rule exclude the administration of epinephrine to treat emergency cases of anaphylaxis or anaphylactic shock which is permitted through W. Va. Code §30-8-15(a).

1.2. Authority. -- W. Va. Code §§30-8-6 and 30-8-15.

1.3. Filing Date. -- May 9, 2024

1.4. Effective Date. -- May 9, 2024.

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

W. Va. Code R. § 14-11-2 Definitions

2.1. “Certificate Holder” means a licensee who has met the requirements of this rule and has been issued an Injectable Pharmaceutical Agents Certificate by the Board.

2.2. “Adverse Reaction” For the purposes of this rule, an adverse reaction shall be defined as any reaction that causes injury to a patient as the result of the medical intervention by injection.

W. Va. Code R. § 14-11-3 Certification Generally

3.1. A licensee shall complete an application and meet all requirements as listed in this rule in order to be certified to administer injectable pharmaceutical agents.

3.2. A licensee shall obtain oral prescriptive certification prior to application for certification to administer pharmaceutical injections.

3.3. An applicant for licensure by examination, by reciprocity, or by reinstatement after March 1, 2011 shall only be granted licensure if the applicant meets all the requirements for injection certification.

3.4. Injection certification requirements include, but are not limited to, successful passage of all sections of the National Board of Examiners in Optometry or its successor or equivalent including all sections pertaining to injection, in addition to any other criteria listed in section 5.

W. Va. Code R. § 14-11-4 Certification Requirements

To be certified the licensee shall:

4.1. Complete the required application form;

4.2. Submit proof of oral pharmaceutical certification;

4.3. Submit proof of attendance and satisfactory completion of the required course in injection administration. The Board shall verify successful completion of the cited course directly with the provider;

4.4. Submit proof of current certification from the American Red Cross or the American Heart Association or their successor organizations in basic life support;

4.5. Submit the Pharmaceuticals By Injection Certificate Fee as listed in the Board’s rule, W. Va. Code of State Rules, §14CSR5.

W. Va. Code R. § 14-11-5 Education and Training

5.1. The Board shall accept a course for certification that is provided by or through a school or college of optometry accredited by the Accreditation Council on Optometric Education or its successor organization provided, the course includes the criteria listed in subsections 5.2.a through 5.2.c.

5.2. The Board, at its discretion, may approve courses provided through organizations other than accredited schools or colleges of optometry certifying that the optometrist is competent in providing the administration of pharmaceuticals by injection if, and only if, the course meets the following minimum criteria:

5.2.a. Each course shall include indications, contra-indications, medications, techniques, risks, benefits and sharps management;

5.2.b. Each course shall contain appropriate follow-up and management of any adverse reactions caused by an injection;

5.2.c. Each course shall teach the procedures of injection on human subjects in a closely supervised environment with a proficiency assessment examination.

5.3. A list of approved courses for injection administration instruction will be maintained by the Board for public inspection.

5.4. A licensee shall obtain current certification from the American Red Cross or the American Heart Association or their successor organizations in basic life support.

5.5. The license granted to an applicant who graduated from an accredited school or college of optometry and who passed the Injection Portion(s) of the examination administered by the National Board of Examiners in Optometry or its successor or equivalent in 2011 or thereafter shall be deemed to have met the education and training criteria listed in section 5.

W. Va. Code R. § 14-11-6 Certification

6.1. Upon the licensee’s successful completion of the requirements and application listed in sections 3 through 5 and approval by the Board or its designee an injectable pharmaceutical agents certificate may be issued.

6.2. Upon issuance of the certificate, the licensee’s license number shall be changed. The license number will be followed by a dash and the initial “I” for injectable pharmaceuticals.

W. Va. Code R. § 14-11-7 Treatment Guidelines

7.1. A certificate holder may administer injections which are considered rational to the diagnosis and treatment of the human eye or its appendages.

7.2. The Board will maintain a list of approved sites and agents for the administration of pharmaceuticals by injection for public inspection. The list will contain treatment guidelines for each agent approved by the Board for injection.

7.3. The certificate holder shall follow all applicable Occupational Safety and Health Administration (OSHA) and Centers for Disease Control (CDC) guidelines pertaining to administration of injections.

7.4. The certificate holder shall adhere to generally accepted standards of care and follow established clinical guidelines for administering injections. The certificate holder shall monitor the patient for an adverse reaction and provide appropriate follow-up care for patients treated by injection.

7.5. Unless requested through an emergency rule of the West Virginia Legislature or the Federal Government through the Department of Homeland Security or its successor organizations, a certificate holder shall only administer agents through injection that are for the treatment and management of abnormalities of the eye or its appendages.

7.6. In no event may a certificate holder administer a pharmaceutical agent by injection directly in the globe of the eye.

W. Va. Code R. § 14-11-8 Reporting

8.1. A certificate holder shall comply with the following reporting requirements.

8.2. Reporting that contains patient Protected Health Information (PHI) shall be done in accordance with the Health Insurance Portability and Accountability Act (HIPAA) patient privacy requirements.

8.3. The certificate holder shall notify the primary care physician or other health care provider as identified by the person receiving the pharmaceutical agent(s) by injection. Such notification shall include the diagnosis, treatment and expected results of the injection.

8.4. The certificate holder shall document in the patient’s record that the patient’s primary care provider was notified of an injection given to the patient for record documentation. This notification shall be made by fax, documented phone call or standard U.S. mail.

8.4.a. the patient does not have a primary care provider or refuses to provide written permission to report the injection(s) to his or her primary care provider the certificate holder may provide a written statement to the patient regarding the injection(s) administered with instruction to the patient to give the listed injection information to his or her current primary care provider or any primary care provider they would choose to see in the future.

8.4.b. The above reporting procedure serves to inform the patient’s primary care physician as to the rationale and outcome of a licensee’s treatment, report any adverse reaction, and assist in collaborative care of common patients. In no event shall such reporting be construed as permission or approval of an order for treatment by injection.

8.5. A log book of all injections given shall be maintained including:

8.5.a. The patient’s initials, age, gender and race;

8.5.b. A statement indicating the purpose of the injection;

8.5.c. The name of the medication administered and the type and location of the injection;

8.5.d. The treatment guidelines followed which must be compliant with the guidelines approved by the Board which are on file at the Board Office.

8.5.e. The name and certification or licensure level of any persons working in conjunction with the licensee to administer pharmaceutical agents through injections;

8.5.f. How the primary care provider was notified that the patient had been given an injection.

8.6. A copy of the injection log book shall be submitted to the Board upon request. This log book may be requested at any time by the Board with or without cause.

8.7. The Board may require a certificate holder to supply the complete medical record for any of the patients listed in the log book for review. The Board may also request an audit of the certificate holder’s full records to ensure compliance with injection certificate requirements.

8.8. If a patient has an adverse reaction related to the administration of any agent through injection, they shall provide the Board with an incident report listing the details of the adverse reaction and the measures used to correct that reaction. This report must be received by the Board within 5 business days of the resolution of the adverse reaction.

W. Va. Code R. § 14-11-9 Recertification

A certificate holder shall meet the following requirements for recertification:

9.1. The certificate holder shall submit proof of current certification in basic life support from the American Red Cross or American Heart Association or their successors.

9.2. The certificate holder shall submit proof of a minimum of two (2) hours of continuing education instruction in administering pharmaceutical agents by injection per two-year continuing education cycle as listed in W. Va. Code of State Rules, §14CSR10, Continuing Education.

9.3. The certificate holder shall submit the fee as listed in the W. Va. Code of State Rules, §14CSR5.

W. Va. Code R. § 14-11-10 Delegation

Nothing in this rule or W. Va. Code shall permit a licensee who has been certified to administer injections of pharmaceutical agents by the Board to delegate to any individual the administration of pharmaceutical agents through injection.

W. Va. Code R. § 14-11-11 Restrictions

11.1. A certificate holder may not establish a pharmacy in an optometric office or sell injectable pharmaceutical agents prescribed in treatment unless there is a licensed pharmacist on staff or present when the prescription is filled. Nothing in this rule shall prohibit the optometrist from charging a usual and customary fee for performing the injection.

11.2. Retrobulbar and Peribulbar injections are prohibited.

11.3. The board shall establish a formulary of pharmaceutical agents to be administered by injection.

11.3.a. The injection formulary shall be created from those agents that certificate holders have been authorized previously to administer or prescribe as topical agents or oral medication categories listed in the oral formulary of the Board in the W. Va. Code of State Rules, §14-2-7.2.a through §14-2-7.2.g.

11.3.b. New drugs or drug indications may be added to the formulary by a decision of the Board based on any of the following criteria: 11.3.b.1 . A new or existing drug has been approved by the Food and Drug Administration for the treatment of the eye or its appendages.

11.3.b.2. A new drug or new drug indication has gained accepted use in the eye care field. Such acceptance may be indicated by its inclusion in the curriculum of an optometry school accredited by the Accreditation Council on Optometric Education or its successor approved by the U.S. Department of Education or approved post-graduate continuing education, through peer-reviewed, evidence-based research and professional journal articles, or by inclusion in established standards of practice and care published by professional organizations.

14CSR11

14CSR11

Series 12 Optometric Telehealth Practice

W. Va. Code R. § 14-12-1 General

1.1. Scope -- This legislative rule establishes requirements for telehealth registration and telehealth practice.

1.2. Authority -- W. Va. Code §30-8-1., et seq., W. Va. Code, §30-8a-1, et. seq. and W Va. Code 30-1-26.

1.3. Filing Date -- May 11, 2023

1.4. Effective Date -- May 11, 2023

1.5. Sunset Provision: This rule shall terminate and have no further force or effect on August 1, 2028.

W. Va. Code R. § 14-12-2 Definitions

2.1. “Board” means the West Virginia Board of Optometry.

2.2. “Established patient” means a patient who has received professional services, face-to-face, from the optometrist, or optometrist of the exact same specialty and subspecialty who belongs to the same group practice, within the past three years.

2.3. “Interstate telehealth services” means the provision of telehealth services to a patient located in West Virginia by a health care practitioner located in any other state or commonwealth of the United States.

2.4. “Optometrist” means an individual licensed to practice optometry in West Virginia under §30-8-1, et seq. or in any other state or commonwealth of the United States.

2.5. “Registration” means an authorization to practice optometry regulated by §30-8-1 et.

seq. of this code and this rule for the limited purpose of providing interstate telehealth services within the registrant’s scope of practice.

2.6. “Registrant” means an individual who holds a valid telehealth registration from the Board.

2.7. “Store-and-forward technologies” means the asynchronous computer-based communication of medical data or images from an originating location in West Virginia to a registered optometrist at another site for diagnostic purposes.

2.8. “Telehealth services” means the use of synchronous or asynchronous telecommunications technology or audio-only telephone call by a health care practitioner to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include internet questionnaires, e-mail messages, or facsimile transmissions.

W. Va. Code R. § 14-12-3 Requirements for Optometric Telemedicine

3.1. The practice of optometry occurs where the patient is located at the time the telehealth services are provided.

3.2. The optometrist who registers to practice interstate telehealth shall be:

3.2.1. Licensed in good standing in all states in which he or she is licensed and not currently under investigation or subject to an administrative complaint; and

3.2.2. Registered as an interstate telehealth practitioner with the West Virginia Board of Optometry holding a valid registration.

3.3. No person shall deliver optometric telehealth services unless a bona fide optometrist-patient relationship is established. A bona fide optometrist-patient relationship shall exist if the optometrist has:

3.3.1. obtained or caused to be obtained and reviewed a health and ocular history of the patient;

3.3.2. performed or caused to be performed and reviewed appropriate examination of the patient, either physically through use of instrumentation and diagnostic equipment by which digital scans, photographs, images and records able to be transmitted electronically, or through use of face-to-face interactive two-way real-time communications services, store-and-forward technologies, or through audio only calls or conversations that occur in real time;

3.3.3. provided information to the patient about the services to be performed; and

3.3.4. initiated additional diagnostic tests or referrals as needed.

3.3.5. In cases in which an optometrist is providing telehealth, the examination required by section 3.3.2 of this rule shall not be required if the patient has been examined in person by an optometrist licensed by the Board within the 12 months prior to the initiation of telehealth and the patient’s records of such examination have been reviewed by the optometrist providing telehealth.

3.4. The standard of care for providing optometric care in the State of West Virginia via telehealth services by a registrant or licensed optometrist shall be the same as for in-person care.

3.5. A telehealth provider’s selection of telemedicine technologies for a patient encounter must permit the provider to meet the standard of care for the patient’s particular health issue and presentation. Treatment, including issuing a prescription, based solely on an online questionnaire, does not conform to the standard of care.

3.6. Nothing in this rule requires a practitioner to use telemedicine technologies to treat a patient if the practitioner, in his or her discretion determines that an in-person encounter is required.

3.7. A registrant shall not prescribe any controlled substance listed in Schedule II of the Uniform Controlled Substance Act via interstate telehealth services.

3.8. A provider of telehealth services shall ensure that the patient or patient’s guardian is aware of the provider’s identity, location, and license or registration number.

3.9. The provider of telehealth services shall provide to the patient or guardian a clear mechanism to:

3.9.1. access, supplement, and amend contact information and health information;

3.9.2. register complaints with the Board; and

3.9.3. provide consent for the use of telehealth.

3.10. All consent and required notification shall occur prior to initiating any services.

3.11. Patient medical records must meet the same requirements as in-person records including, but not limited to:

3.10.1. record retention;

3.10.2. informed consent;

3.10.3. accessibility to both the licensee or registrant and the patient or legal guardian; and

3.10.4. be consistent with all established laws and administrative regulations governing patient healthcare records, but not limited to, HIPAA.

W. Va. Code R. § 14-12-4 Registration and Renewal

4.1. To provide optometric care in the State of West Virginia via interstate telehealth services, an individual not otherwise licensed by the Board must first apply for and obtain registration with the Board using the application materials provided by the Board and paying fees equal to the initial in-state optometry license application and annual licensing fees. The annual renewal fees for a registrant shall be equal to the annual renewal fees for an in-state optometry license renewal as set forth by the Board’s rules and fees established by the Board. The annual renewal and expiration dates shall equal the annual renewal and expiration dates of in-state licenses as set forth by the Board.

4.2. By registering to provide interstate telehealth services to patients in this state, a registrant is subject to all laws, rules, and regulations regarding the practice of optometry in this state, including the state judicial system and all professional conduct rules and standards incorporated into the Optometry Practice Act, W. Va. Code, §30-8-1, et. seq., and all legislative rules and jurisdiction of the West Virginia Board of Optometry including the Board’s complaint, investigation, and hearing process.

4.3. To obtain registration with the Board, an individual must be a licensed optometrist in good standing in all other states in which he or she is licensed and not currently under investigation or subject to an administrative complaint.

4.4. A registrant shall immediately notify the Board of any restrictions placed on the individual’s license to practice in any state or jurisdiction.

4.5. A registration with the Board does not authorize an optometrist to practice from a physical location within the State of West Virginia without first obtaining appropriate licensure.

4.6. A person currently licensed to practice optometry in this state is not subject to registration but shall practice telehealth in accordance with the provisions of W.Va. Code, §30-1-26, W.Va. Code, §30-8-1, et. seq. and the rules promulgated thereunder.

W. Va. Code R. § 14-12-5 Restrictions

5.1. Nothing in this section shall be construed to invalidate §30-8A-3 or to permit use of any automated refractor or other automated or remote testing device to generate refractive data.

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