Title 24 W. Va. C.S.R.

Osteopathic Medicine Osteopathic Medicine

Series 02 Osteopathic Physician Assistants

W. Va. Code R. § 24-2-1 General

1.1. Scope. -- This rule relates to physician assistants and to their licensing, practice, complaint procedures and professional discipline, and continuing education.

1.2. Authority. -- W. Va. Code § 30-1-7a, W. Va. Code § 30-3E-3(a)(1)-(9), and W. Va. Code § 30-1D-1(d).

1.3. Filing Date. -- July 2, 2026.

1.4. Effective Date. -- July 2, 2026.

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

W. Va. Code R. § 24-2-2 Definitions

2.1. “Active practice notification” means a practice notification which is currently in effect.

2.2. “Authorization to practice” means written notification from the Board that a physician assistant may commence practice in collaboration with physicians pursuant to an active practice notification.

2.3. “Board” means the West Virginia Board of Osteopathic Medicine.

2.4. “Collaborating Physician” means a doctor of osteopathic medicine, medicine, or podiatry, who is authorized to practice clinical medicine or podiatric medicine in West Virginia by the appropriate board in this state, without restriction or limitation, who collaborates with physician assistants.

2.5. “Collaboration” means overseeing the activities of the medical services rendered by a physician assistant. Constant physical presence of the collaborating physician is not required as long as the collaborating physician and physician assistant are, or can be, easily in contact with one another by telecommunication. Collaboration does not require the personal presence of the collaborating physician at the place or places where services are rendered.

2.6. “Controlled substances” means drugs that are classified by federal or state law in Schedules I, II, III, IV or V, as defined in W. Va. Code §§ 60A-2-204 through 212.

2.7. “Core duties” means medical acts that are included in the standard curricula of accredited physician assistant education programs.

2.8. “Endorsement” means a summer camp or volunteer endorsement to practice as a physician assistant under W. Va. Code § 30-3E-1.

2.9. “Health Care Facility” means any licensed hospital, nursing home, extended care facility, state health or mental institution, clinic or physician’s office.

2.10. “Hospital” means a facility licensed pursuant to W. Va. Code § 16-5B-1 et seq.

2.11. “License” means a license issued by the Board to a physician assistant applicant pursuant to the provisions of W. Va. Code § 30-3E-1 et seq. and the provisions of this legislative rule.

2.12. “Licensee” means a physician assistant licensed pursuant to the provisions of W. Va. Code § 30-3E-1 et seq. and the provisions of this legislative rule.

2.13. “Licensure” means the process of application to the Board and the Board’s consideration and approval of individuals to practice as a physician assistant in collaboration with physicians.

2.14. “Narcotic drug” and “opioid” mean controlled substance medications which are natural and semi-synthetic derivatives of the opium poppy, as well as similar synthetic compounds that have analgesic or pain-relieving properties because of their effects in the central nervous system. Narcotic drugs and opioids include, but are not limited to, codeine, morphine, hydromorphone, hydrocodone, oxycodone, methadone, and fentanyl.

2.15. “NCCPA” means The National Commission on the Certification of Physician Assistants.

2.16. “Medical Board” means the West Virginia Board of Medicine.

2.17. “Physician” means a doctor of allopathic or osteopathic medicine who is fully licensed by this Board or the Board of Medicine to practice medicine or surgery in this state.

2.18. “Physician Assistant” means a person who meets the qualifications set forth in the Physician Assistants Practice Act, W. Va. Code § 30-3E-1 et seq., and is licensed to practice medicine with a collaborating osteopathic physician. Physician assistant also means an individual who holds a physician assistant license in another state and an interstate telehealth registration issued by this Board.

2.19. “Practice notification” means a written notice to the Board that a physician assistant will practice in collaboration with one or more physicians in the state of West Virginia.

2.20. “Practice setting” means the type of practice environment, and includes hospitals, ambulatory surgical facilities, clinics, private medical offices, and long term care facilities.

2.21. “Prescription drug” means a drug that may be dispensed under federal or state law only pursuant to the prescription of an authorized prescriber.

2.22. “Prescriptive authority” means the authority of a physician assistant to prescribe, order, administer or dispense prescription drugs.

2.23. “Registrant” means a physician assistant issued an interstate telehealth registration by the Board pursuant to W. Va. Code § 30-1-26.

2.24. “Registration” means an authorization to practice in collaboration with physicians issued by the Board pursuant to W. Va. Code § 30-1-26 for the limited purpose of providing interstate telehealth services.

2.25. “Reporting period” means the two-year period preceding the renewal deadline for a license issued by the Board.

2.26. “Risk Assessment and Responsible Prescribing of Controlled Substances” means drug diversion training, best-practice prescribing of controlled substances training, and training on prescribing and administering an opioid antagonist which shall include all of the following components:

2.26.1. Risk Assessment and responding to drug diversion and drug seeking behavior, including:

2.26.1.a. Tools for conducting routine patient assessments for risk factors associated with drug diversion, misuse or abuse, and identification of substance use disorder treatment referral resources;

2.26.1.b. West Virginia specific statistics on prescription drug abuse and resulting deaths;

2.26.1.c. Identification of diversion and drug seeking tactics and behaviors;

2.26.1.d. Best practices for assessing, treating and referring patients suspected of drug seeking behavior, diversion, or substance use disorder;

2.26.1.e. Introduction to Medication for Opioid Use Disorder (MOUD) and training on the effectiveness of MOUD treatment including the use of full opioid agonist, partial opioid agonist, and opioid antagonists; and

2.26.1.f. Training on the impacts of stigma on treatment effectiveness including the concept of addiction as a chronic disease.

2.26.2. Responsible prescribing of controlled substances, including:

2.26.2.a. Compliance with state and federal controlled substances laws, rules, and regulations, including the Opioid Reduction Act, W. Va. Code § 16-54-1 et seq.;

2.26.2.b. Registering with and utilization of the West Virginia Controlled Substances Monitoring Program established in W. Va. Code § 60A-9-1 et seq.;

2.26.2.c. Epidemiology of chronic pain in West Virginia and misuse of opioids;

2.26.2.d. Indication for opioids in chronic pain treatment including general characteristics, toxicities, and drug interactions;

2.26.2.e. Examination of patient evaluation and risk assessment and tools to assess risk and monitor benefits;

2.26.2.f. Initiation and ongoing management of chronic pain patients treated with opioid based therapies, including treatment objectives; monitoring and periodic review; referrals and consultations; informed consent; prescription of controlled substance agreements, urine screens and pill counts; patient education on safe use, storage, and disposal of opioids; discontinuation of opioids for pain due to lack of benefits or increased risks; documentation and medical records;

2.26.2.g. Presentation of a case study of a patient with chronic pain; and

2.26.2.h. Best practices for managing patients with active prescriptions for more than one controlled substance.

2.26.3. Training on prescribing and administering an opioid antagonist.

2.27. “Website” or “Board’s website” means the set of related web pages operated by or on behalf of the West Virginia Board of Osteopathic Medicine located at the domain name www.wvbdosteo.org, or at any successor domain name published by the Board.

W. Va. Code R. § 24-2-3 Qualification and Application for Licensure to Practice as a Physician Assistant

3.1. Minimum qualifications for licensure as a physician assistant are set forth in W. Va. Code § 30-3E-4.

3.2. An application for a license to practice as a physician assistant shall be completed on a form provided by the Board, which is available on the Board’s website. The Board shall not consider an application or decide upon the issuance of a license to an applicant until the complete application, including all third-party documentation or verification, is on file with the Board and the Board has had at least fifteen days to review the application. An application for licensure must be accompanied by payment of a nonrefundable application fee in an amount established by 24 CSR 5, unless the applicant has applied for and been granted an initial licensing fee waiver as set forth in 24 CSR 8.

3.3. The Board's physician assistant licensure application shall include, and applicants must provide, the following information:

3.3.1. The applicant's name, email address, home address, preferred mailing address and primary practice location address(es) telephone numbers and email address;

3.3.2. Demographic information of the applicant, such as date of birth, sex, etc.;

3.3.3. A photograph taken within the previous twelve (12) months which substantially resembles the applicant;

3.3.4. Documentation establishing that the applicant:

3.3.4.a. Obtained a baccalaureate or master’s degree from an accredited program of instruction for physician assistants; or

3.3.4.b. Graduated from an approved program of instruction in primary health care or surgery prior to July 1, 1994;

3.3.5. Documentation that the applicant has passed the Physician Assistant National Certifying Examination administered by the NCCPA and documentation establishing that the applicant:

3.3.5.a. Has a current certification from the NCCPA; or

3.3.5.b. Has a current license in good standing from a state that does not require a physician assistant to maintain national certification;

3.3.6. Documentation and/or certification which establishes that the applicant does not hold a physician assistant license, certification or registration in any jurisdiction which is currently suspended or revoked;

3.3.7. Other information as determined by the Board which relates to whether the applicant is mentally and physically able to engage safely in practice as a physician assistant; and

3.3.8. Any additional information identified by the Board for licensure.

3.3.9. Submission to a state and national criminal history record check, based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation, pursuant to W. Va. Code § 30-1D-1 et seq. The applicant must pay all costs associated with the criminal history record check. Should criminal offenses be reported on an applicant’s criminal history record check, the Board shall 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.

3.4. The Board may require production of original documents and/or certified documents in support of an application for licensure. The applicant shall provide all documentation required by the Board and the West Virginia Code. The application, together with all documents submitted, becomes the property of the Board and will not be returned.

3.5. Any applicant may be required to appear before Board members at a meeting at which his or her application may be considered. The purpose of required attendance at a Board meeting is to enable the Board to clarify information contained in the application.

3.6. The burden of satisfying the Board of the applicant's qualifications for licensure is upon the applicant. The Board may deny an application for a physician assistant license to any applicant determined to be unqualified for licensure by the Board.

W. Va. Code R. § 24-2-4 Special Licenses and/or Endorsements

4.1. To the extent authorized by W. Va. Code § 30-3E-15, a physician assistant licensed by this Board may apply for an endorsement to practice at a summer camp or as a volunteer at a community event by completing the application form prepared by the Board. No application fee shall be assessed with respect to an application made under this section. The Board may authorize its staff to issue summer camp and community event endorsements to any applicant who holds an unrestricted license issued by the Board and has submitted a complete and timely application.

4.2. To the extent authorized by W. Va. Code § 30-3E-16, a physician assistant currently holding a license, registration or certification to practice in another jurisdiction may apply for an endorsement to practice at a summer camp or as a volunteer at a community event by completing the application form prepared by the Board and submitting a fee equal to the fee set by the Board.

4.3. The Board shall not consider an application for a summer camp or a community event volunteer license or endorsement made pursuant to W. Va. Code § 30-3E-16 until the complete application is on file with the Board, the appropriate fee has been submitted, and the Board has had at least fifteen days to review the application.

4.4. To the extent authorized by W. Va. Code § 30-1-21, a physician assistant currently holding a license, registration or certification to practice in another jurisdiction may apply for an authorization to serve as a volunteer without compensation for a charitable function for a period not to exceed ten days by submitting a Board-approved authorization form at least ten days in advance of the charitable function. No fee shall be charged in association with requests made pursuant to this subsection. The Board may authorize its staff to authorize the charitable practice if the physician assistant meets the eligibility criteria set forth in W. Va. Code § 30-1-21.

W. Va. Code R. § 24-2-5 License Renewal

5.1. With the exception of an initial license, a license to practice as a physician assistant is issued for a term of two (2) years. An initial license expires on the thirty-first day of March two years from the initial issuance for physician assistant license renewal. Physician assistants whose initial licenses are issued between the first of January and the thirty-first day of March are not required to renew their license prior to the thirty-first day of March.

5.2. A license shall expire, if not renewed by the renewal deadline, which shall be set by the Board and published on the Board’s website.

5.3. A physician assistant license shall be renewed upon timely submission of a fully completed renewal application form and payment of a nonrefundable renewal fee in an amount established by the Board under 24 CSR 5.

5.4. The Board shall make available to each licensee a renewal form on the Board’s website. The licensee shall inform the Board of the licensee's preferred mailing address and alert the Board of any changes or updates to the preferred mailing address on record with the Board.

5.5. The licensee shall acquire and submit renewal application forms. Failure of the licensee to receive notice of required renewal from the Board shall not constitute justification for any physician assistant to practice on an expired license, even if the physician assistant is otherwise authorized to practice as a physician assistant under a practice notification.

5.6. The Board's physician assistant renewal application form shall include, and applicants must provide, the following information:

5.6.1. The applicant's name, email address, home address, preferred mailing address, primary practice location address(es), and telephone numbers;

5.6.2. Demographic information of the applicant, such as date of birth, sex, etc.;

5.6.3. A statement concerning any disciplinary action taken against the applicant in the last two (2) years in any jurisdiction;

5.6.4. A statement of all other jurisdictions in which the applicant is licensed to practice as a physician assistant;

5.6.5. The renewal applicant’s NCCPA certification status;

5.6.6. Certification of successful completion of all continuing education requirements; and

5.6.7. An attestation by the physician assistant and collaborating physician that, to the extent he or she has been authorized to practice during the last two (2) years, the physician assistant has practiced in collaboration with the physician and within the delegation of duties set forth in the licensee’s authorized practice agreement(s) and/or pursuant to an active practice notification.

5.7. The license of a physician assistant who fails to certify his or her successful completion of all continuing education requirements by the renewal deadline established by the Board shall automatically expire.

W. Va. Code R. § 24-2-6 Reporting of NCCPA Certification Status and Professional Designation

6.1. A physician assistant shall accurately report his or her NCCPA certification status on applications and forms of the Board.

6.2. A physician assistant who has a current certification from the NCCPA may use the professional designation of PA-C. A physician assistant who is not certified by the NCCPA shall use the professional designation of PA.

W. Va. Code R. § 24-2-7 Reinstatement and Reactivation of License

7.1. A physician assistant may seek reinstatement of an expired license within one year of the expiration by submitting:

7.1.1. A complete reinstatement application, which is available on the Board’s website, with all required supporting documentation;

7.1.2. Certification that the renewal applicant has completed all required continuing education for the previous reporting period, and documentation satisfactory to the Board corroborating the applicant’s certification of continuing education compliance;

7.1.3. A renewal fee; and

7.1.4. A reinstatement fee equal to fifty percent of the renewal fee.

7.2. If more than one year has passed since a physician assistant’s license automatically expired, the former licensee shall apply anew for licensure pursuant to section 3 of this rule. If licensure is granted, the Board shall reactivate the license and reissue the individual’s original license number. A license granted pursuant to this subsection does not constitute an initial license.

W. Va. Code R. § 24-2-8 Collaborative Practice Requirements

8.1. A physician assistant may not practice independently.

8.2. Physician assistants who are authorized to practice in West Virginia shall practice in collaboration with physicians.

8.3. Physician assistants who are authorized to practice in West Virginia may also collaborate and consult with other providers, in addition to collaborating physicians, to facilitate a team-based patient-centered practice.

8.4. Physicians and physician assistants who collaborate shall not allow an employment arrangement to:

8.4.1. Interfere with sound clinical judgment;

8.4.2. Diminish or influence the practitioner’s ethical obligation to patients; or

8.4.3. Exert undue influence on, or interfere with the robustness of, the collaborative relationship.

W. Va. Code R. § 24-2-9 Physician Assistant’s Scope of Practice

9.1. A physician assistant shall have, as a minimum, the knowledge and competency to perform the following core duties with appropriate physician collaboration:

9.1.1. Screen patients to determine the need for medical attention;

9.1.2. Review patient records to determine health status;

9.1.3. Take a patient history;

9.1.4. Perform a physical examination;

9.1.5. Perform development screening examinations on children;

9.1.6. Record pertinent patient data;

9.1.7. Make decisions regarding data gathering and appropriate management and treatment of patients being seen for the initial evaluation of a problem or the follow-up evaluation of a previously diagnosed and stabilized condition;

9.1.8. Prepare patient summaries;

9.1.9. Initiate requests for commonly performed initial laboratory studies;

9.1.10. Collect specimens for and carry out commonly performed blood, urine and stool analyses and cultures;

9.1.11. Identify normal and abnormal findings in patient history and physical examination and in commonly performed laboratory studies;

9.1.12. Initiate appropriate evaluation and emergency management for emergency situations; for example, cardiac arrest, respiratory distress, injuries, burns and hemorrhage;

9.1.13. Provide counseling and instruction regarding common patient problems and/or questions;

9.1.14. Execute documents at the direction of and for the collaborating physician;

9.1.15. Perform clinical procedures such as, but not limited to:

9.1.15.a. Venipuncture;

9.1.15.b. Electrocardiogram;

9.1.15.c. Care and suturing of minor lacerations, which may include injection of local anesthesia;

9.1.15.d. Casting and splinting;

9.1.15.e. Control of external hemorrhage;

9.1.15.f. Application of dressings and bandages;

9.1.15.g. Removal of superficial foreign bodies;

9.1.15.h. Cardiopulmonary resuscitation;

9.1.15.i. Audiometry screening;

9.1.15.j. Visual screening; and

9.1.15.k. Carry out aseptic and isolation techniques;

9.1.16. Assist in surgery;

9.1.17. Prepare patient discharge summaries if physician assistant has been directly involved in patient care; and

9.1.18. Assist physician under personal collaboration in a manner by which to learn and become proficient in new procedures.

9.2. In addition to core duties, a physician assistant may perform medical acts commensurate with his or her education, training, and experience, which the physician assistant is competent to perform, and consistent with the rules of the Board. The physician assistant may only perform medical acts consistent with sound medical practice and that will protect the health and safety of the patient.

9.3. A physician assistant may pronounce death provided that:

9.3.1. The physician assistant is in compliance with subsection 9.2 of this rule;

9.3.2. The physician assistant has a need to do so within his or her scope of practice; and

9.3.3. That the pronouncement is in accordance with applicable West Virginia law and rules.

9.4. A physician assistant may augment the physician's data gathering abilities to assist the collaborating physician in reaching decisions and instituting care plans for the physician's patients.

9.5. A physician assistant may provide an authorized signature, certification, stamp, verification, affidavit or endorsement on documents within the scope of his or her practice including, but not limited to the following:

9.5.1. Unless prohibited by the place of practice, a physician assistant may sign orders within the scope of his or her practice, including discharge orders for patients personally treated by the physician assistant;

9.5.2. Medical certifications for death certificates if the physician assistant has received training on the completion thereof;

9.5.3. Instruments related to scope and limitation of treatment, including:

9.5.3.a. Physician orders for life sustaining treatment;

9.5.3.b. Physician orders for scope of treatment; and

9.5.3.c. Do not resuscitate forms.

9.5.4. Disability medical evaluations and/or certifications for persons with disabilities in support of a hunting or fishing permit; and

9.5.5. Utility company forms or certifications requiring maintenance of utilities regardless of ability to pay.

9.5.6. Governmental forms as permitted by law including, but not limited to parking applications for mobility impaired persons; and

9.5.7. Durable medical equipment.

9.6. A physician assistant may prescribe, order, administer or dispense medications in accordance with the provisions of W. Va. Code § 30-3E-3(c) and this rule.

W. Va. Code R. § 24-2-10 Requirements for Practice Authorization

10.1. A physician assistant may practice in collaboration with physicians in any practice setting pursuant to a practice notification which has been filed with and activated by the Board in accordance with W. Va. Code § 30-3E-10a and this rule. A physician assistant shall not commence practicing pursuant to a practice notification until he or she has received written authorization from the Board.

W. Va. Code R. § 24-2-11 Practice Notifications

11.1. Before a physician assistant may practice in collaboration with physicians, the physician assistant and a health care facility shall file a practice notification with the Board.

11.2. A practice notification shall be completed on a form provided by the Board and shall be accompanied by the appropriate fee. The fee for the submission of a practice notification shall be one hundred dollars ($100) until such time as a different fee is established by 24 CSR 5. Practice notification forms can be found on the Board’s website.

11.3. A physician assistant may not commence practice pursuant to a practice notification until the Board provides written notification to the physician assistant and health care facility that a complete practice notification has been filed with the Board. The Board’s written notification activates the practice notification and provides the physician assistant with authorization to practice in the identified health care facility.

11.4. A practice notification shall include:

11.4.1. The full name, license number, preferred mailing address, telephone number, and email address of the physician assistant;

11.4.2. The name and address of each health care facility where the physician assistant will practice pursuant to the practice notification, including all locations of the health care facility where the physician assistant customarily or routinely practices;

11.4.3. Verification that the physician assistant meets the qualifications for prescriptive authority;

11.4.4. The name, job title, email address and contact information of the health care facility representative who is responsible for executing the practice notification and ensuring compliance with the provisions of the certification; and

11.4.5. Certification by the physician assistant and the health care facility that:

11.4.5.a. The physician assistant shall practice in collaboration with physicians;

11.4.5.b. The physician assistant shall practice in conformity with the physician assistant’s education, training and experience and in accord with the delineation of privileges granted to the physician assistant or other credentialing requirements of the health care facility;

11.4.5.c. The physician assistant holds a license issued by the Board to practice as a physician assistant or an interstate telehealth registration issued by the Board pursuant to W. Va. Code § 30-1-26;

11.4.5.d. The physician assistant meets the requirements for prescriptive authority and shall exercise prescriptive authority in conformity with section twelve of this rule; and

11.4.5.e. The physician assistant shall notify the Board upon the cessation of the physician assistant’s practice pursuant to the practice notification.

11.4.6. If a physician assistant who files a practice notification holds a license which is subject to probation or any practice restriction or limitation, the practice notification shall be accompanied by:

11.4.6.a. A description of the physician assistant’s practice restrictions or limitations;

11.4.6.b. Certification by the health care facility representative completing the practice notification that the health care facility is aware of all such practice restrictions or limitations;

11.4.6.c. Certification by the physician assistant and the health care facility representative that the physician assistant’s practice shall comport with all practice restrictions or limitations.

11.5. A practice notification is complete when it conforms to the requirements of this section and is accompanied by the appropriate fee. The Board may return an incomplete practice notification unprocessed and may request additional information from the health care facility or physician assistant to obtain information necessary to complete the practice notification.

11.6. Within 60 days of receipt of a complete practice notification and the appropriate fee, the Board shall provide the physician assistant and health care facility written notice that the physician assistant is authorized to practice in the identified health care facility or facilities.

11.7. A physician assistant with an active practice notification on file with the Board may only practice within the health care facility or facilities identified in the practice notification. If practicing on behalf of the health care facility, a physician assistant may practice at one or more additional locations not included on his or her activated practice notification on an occasional basis not to exceed two days per month per location if the health care facility maintains documentation of the physician assistant’s practice at such occasional practice locations and provides such documentation to the Board upon request.

11.8. A physician assistant may list more than one health care facility on a single practice notification if each of the facilities is operated under the same corporate umbrella and the health care facility representative identified in subdivision 11.4.4 of this rule is authorized and responsible for executing the practice notification and ensuring compliance with the provisions of the practice notification certification at every health care facility listed on the practice notification.

11.9. A new practice notification, with the required fee, must be filed for approval by the Board if the physician assistant seeks to practice at a health care facility not listed in an active practice notification.

11.10. A practice notification automatically terminates if:

11.10.1. The physician assistant’s license expires:

11.10.2. The physician assistant ceases practice at the health care facility or facilities listed in the practice notification; or

11.10.3. The physician assistant is no longer credentialed to practice at the health care facility or facilities listed in the practice notification.

11.11. A physician assistant with more than one health care facility on an active practice notification shall notify the Board within ten days if he or she ceases practicing, or is no longer credentialed to practice, at one of the health care facilities included in the practice notification. The practice notification shall not terminate, but shall no longer authorize practice at the health care facility identified by the physician assistant as a former practice location.

11.12. A health care facility or a physician assistant may terminate a practice notification. A physician assistant shall immediately cease practicing upon the termination of a practice notification. The physician assistant must notify the Board, in writing, within ten days of the termination of any practice notification.

11.13. A physician assistant may simultaneously practice pursuant to one or more active practice notifications.

W. Va. Code R. § 24-2-12 Prescriptive Authority Pursuant to a Practice Notification

12.1. A physician assistant practicing pursuant to an active practice notification has prescriptive authority to prescribe, order, administer and/or dispense medication in the course of his or her practice in a health care facility subject to the provisions of W. Va. Code § 30-3E-3(c).

12.2. A physician assistant may not prescribe a Schedule I controlled substance.

12.3. A physician assistant may prescribe up to a three-day supply of a Schedule II narcotic medication.

12.4. A physician assistant’s prescribing of narcotic medication shall conform with the quantity and duration limitation set forth in subsection 12.3 and any practice requirements set forth in the Opioid Reduction Act, W. Va. Code § 16-54-1 et seq., which are consistent with the quantity and duration limitations established for physician assistant narcotic prescribing.

12.5. There are no other formulary limitations on physician assistant’s prescriptive authority.

12.6. When exercising prescriptive authority, a physician assistant shall comply with the requirements of this rule and the requirements of the West Virginia Board of Pharmacy, other applicable state and federal laws, rules and regulations, and all applicable standards of care.

12.7. All prescriptions, including electronic prescriptions, written by the physician assistant must include the physician assistant’s name, professional designation, practice location, telephone number, signature, license number issued by the Board, and any other information required by state and federal law.

W. Va. Code R. § 24-2-13 Responsibilities of Physicians Collaborating with Physician Assistants Pursuant to Practice Notifications

13.1. Unless otherwise prohibited by a health care facility, a physician who practices at a health care facility may collaborate with any physician assistant who holds an active practice notification with the same facility.

13.2. A physician collaborating with a physician assistant shall observe, direct, and evaluate the physician assistant’s work, records, and practices, as necessary for appropriate and meaningful collaboration.

13.3. A collaborating physician shall only collaborate with a physician assistant with respect to medical acts which are:

13.3.1. Within the physician’s scope of practice;

13.3.2. Consistent with the physician assistant’s education, training, and experience; and

13.3.3. Consistent with any credentialing requirements of the health care facility.

13.4. While collaboration does not require the constant physical presence of the collaborating physician, if the collaborating physician and physician assistant are, or can be, easily in contact with one another by electronic communication, including but not limited to telecommunication, physician collaboration shall not exclusively occur through written communication, electronic communication, telecommunication or any combination thereof.

W. Va. Code R. § 24-2-14 Continuing Medical Education Requirements

14.1. Successful completion of a minimum of one hundred hours of continuing education, with a minimum of 50 hours of Category 1, satisfactory to the Board during the preceding two-year period is required for the biennial renewal of a physician assistant license.

14.2. Types and categories of continuing medical education satisfactory to the Board for physician assistants are:

14.2.1. Continuing medical education designated as Category I by either the American Medical Association, American Osteopathic Association, American Academy of Physician Assistants or the Academy of Family Physicians.

14.2.2. Continuing medical education designated as Category II by either the American Medical Association, American Osteopathic Association, American Academy of Physician Assistants or the Academy of Family Physicians. A maximum of fifty hours of continuing medical education credit may be awarded for this category of activity.

14.2.3. Obtaining a master’s degree from an accredited program of instruction for physician assistants within one year of the expiration of an initial license. A maximum of one hundred hours of continuing education credit may be awarded for this category of activity, but a physician assistant shall only be awarded ninety-seven hours of credit if the physician assistant is a mandatory participant in the continuing education activity described in subsection 14.4 of this rule.

14.3. Mandatory Continuing Education Activity Upon Initial Licensure -- Within one year of receiving an initial license to practice by the Board, and regardless of the licensee’s scheduled renewal date, the licensee shall complete three hours of training in a Board-approved course on Risk Assessment and Responsible Prescribing of Controlled Substances. This requirement is waived for licensees who do not prescribe, administer, or dispense any controlled substances whatsoever pursuant to a West Virginia license. Completion of a Board-approved course on Risk Assessment and Responsible Prescribing of Controlled Substances during the initial year of licensure may be allocated towards a licensee’s biennial continuing education obligation for the renewal period during which the course was completed.

14.4. The Board shall include a certification of successful completion of required continuing education on its biennial renewal application. The certification shall require the renewal applicant to:

14.4.1. Certify successful completion of all required continuing education;

14.4.2. Attest to the truthfulness and accuracy of the renewal applicant’s statements regarding continuing education activities;

14.4.3. Acknowledge that any license issued based upon the renewal application is based upon the truth and accuracy of the applicant’s statements and that if false information is submitted in the application, such act constitutes good cause for the revocation of the renewal applicant’s license to practice in the State of West Virginia; and

14.4.4. Sign and date the certification.

14.5. A license shall automatically expire if the certification required by subsection 14.7 is not submitted to the Board by the renewal deadline. An automatically expired license shall remain expired until a licensee successfully seeks reinstatement or reactivation of licensure.

14.6. The Board may conduct such audits and investigations as it considers necessary to assure compliance with continuing education requirements and to verify the accuracy of a renewal applicant’s certification of continuing education by requiring copies of certificates validating the educational events and CEUs earned.

14.7. Upon written request of the Board to a licensee’s preferred mailing address or email address of record with the Board, a licensee shall, within thirty days, submit written documentation satisfactory to the Board corroborating the licensee’s renewal application certification of continuing education compliance.

14.8. Failure or refusal of a licensee to provide written documentation requested by the Board as set forth in subsection 14.10 of this rule is prima facie evidence of renewing a license to practice as a physician assistant by fraudulent misrepresentation and the licensee is subject to disciplinary proceedings.

W. Va. Code R. § 24-2-15 Identification and Compliance Audits

15.1. Except as otherwise provided by law, when practicing as a physician assistant, a physician assistant must wear a name tag in a conspicuous manner which identifies the practitioner as a physician assistant. An individual may not identify himself or herself as a physician assistant unless licensed by this Board or the Medical Board.

15.2. A physician assistant shall keep his or her license and practice notification available for inspection at each of his or her primary places of practice.

15.3. A physician assistant shall notify the Board in writing of a change in the physician assistant's name or address within fifteen (15) days of the change.

15.4. The Board may review physician assistant utilization without prior notice to the physician assistant, the collaborating physician, or the practice setting. An authorized representative or investigator for the Board may, without prior notice, enter at any reasonable hour a place of employment or practice of a physician or physician assistant or into public premises:

15.4.1. For the purpose of an audit to verify general compliance with the Physician Assistants Practice Act and this legislative rule; or

15.4.2. To investigate an allegation or complaint with respect to a collaborating physician or physician assistant.

15.5. A person may not deny or interfere with an entry under this section.

15.6. The Board’s representatives may require a physician, physician assistant, or facility where the physician assistant is employed or practicing to provide access to any records relating to the physician assistant’s licensure, employment, credentialing, practice, and any medical records of patients seen by the physician assistant. It is a violation of this rule for a hospital, practice setting, collaborating physician or a physician assistant to refuse to undergo or cooperate with a review or audit by the Board.

15.7. The Board’s representative shall refer possible compliance issues to the appropriate Committee of the Board and/or to any other agency that has jurisdiction over a facility, place of practice or practitioner.

W. Va. Code R. § 24-2-16 Mental and Physical Examination

16.1. The Board under any circumstances may require a licensed physician assistant or a person applying for licensure or other authorization to practice as a physician assistant in this state to submit to a physical or mental examination by a physician or physicians approved by the Board. The expense of the examination shall be paid by the Board.

16.2. A physician assistant 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.

16.3. Any individual who applies for or accepts the privilege of practicing as a physician assistant 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.

16.4. 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 as a physician assistant competently and in compliance with the standards of acceptable and prevailing physician assistant practice.

W. Va. Code R. § 24-2-17 License Denial, Complaint and Disciplinary Procedures

17.1. The licensure denial, complaint and disciplinary process and procedures and appeal rights set forth in the contested case hearing procedure, W. Va. Code § 29A-5-1 et seq., W. Va. Code §§ 30-14-11 and 30-14-12a and in the Board Procedural Rules W. Va. Code R. §§ 24-3-1 et seq. and 24-6-1 et seq., also apply to physician assistants.

17.2. If the Board determines the evidence in its possession indicates that a physician assistant's continuation in practice or unrestricted practice constitutes an immediate danger to the public, the Board may take any of the actions provided in W. Va. Code R. § 24-6-5.17 on a temporary basis and without a hearing if institution of proceedings for a hearing before the Board are initiated simultaneously with the temporary action and begin within fifteen days of the action. The Board shall render its decision within five days of the conclusion of a hearing under this subsection.

W. Va. Code R. § 24-2-18 Denial of Licensure and Discipline

18.1. The Board may deny an application for license, or other authorization to practice as a physician assistant and may discipline a physician assistant licensed by the Board who, after a hearing, has been adjudged by the Board as unqualified due to any of the following reasons:

18.1.1. Conduct by a physician assistant which is equivalent to any of the grounds cited for the discipline of physicians in W. Va. Code §§ 30-14-11 and 30-14-12a or section 18 of 24 CSR 1, “Licensing Procedures for Osteopathic Physicians;”

18.1.2. Failure to comply with any portion of this rule, the provisions of W. Va. Code § 30-3E-1 et seq. and any other rule of the Board;

18.1.3. Practicing as a physician assistant:

18.1.3.a. In the absence of an active practice notification;

18.1.3.b. Outside or beyond the scope of an active practice notification; or

18.1.3.c. Beyond his or her level of competence, education, training and/or experience;

18.1.4. Prescribing, ordering, administering, or dispensing a prescription drug that the physician assistant is not authorized to prescribe, order, administer or dispense;

18.1.5. Prescribing any controlled substance to or for himself or herself, or to or for any member of his or her immediate family;

18.1.6. Failure of a physician assistant to:

18.1.6.a. Notify the Board that a practice notification has been terminated in the required time frame; or

18.1.6.b. Maintain a copy of his or her license and active practice notification in each primary place of practice;

18.1.7. Impersonation of a licensed physician or another licensed physician assistant;

18.1.8. Misrepresentation that the physician assistant is a physician, that the physician assistant is currently certified by the NCCPA, or that the physician assistant holds any position for which he or she is not qualified by license, training, or experience;

18.1.9. Knowingly permitting another person to misrepresent the physician assistant as a physician;

18.1.10. Allowing an employment relationship to exert undue influence on sound clinical judgment or on the physician assistant’s professional role and patient obligations; or

18.1.11. Misrepresentation or concealment of any material fact in obtaining any certification or license or a reinstatement of any certification or license related to his or her practice as a physician assistant.

18.2. If a physician assistant is found guilty of or pleads guilty or nolo contendere to any court of competent jurisdiction of any felony involving prescribing, selling, administering, dispensing, mixing or otherwise preparing any prescription drug, including any controlled substance under state or federal law, for other than generally accepted therapeutic purposes in a state or federal court of competent jurisdiction, the Board shall deny an application for licensure or revoke the physician assistant’s license without resort to the procedures set forth in section 17 and 18 of this rule. A certified copy of the guilty verdict or plea rendered is sufficient proof for licensure denial or revocation.

18.3. If the Board determines that a physician assistant is unqualified, the Board may enter an order denying an application or imposing any limitation, restriction or other disciplinary measure set forth in W. Va. Code §§ 30-14-11 and 30-14-12a and/or section 18 of 24 CSR 1.

18.4. In their discretion, the Medical Board and this Board may refer and receive information from one another concerning:

18.4.1. Mutual applicants, registrants, and/or licensees;

18.4.2. Information developed during the complaint and investigation process of one board which implicates or otherwise relates to applicants, registrants, and/or licensees of the other board;

18.4.3. Complaints received or discovered by one board which relates to mutual applicants, registrants, and/or licensees or applicants, registrants, and/or licensees of the other board.

Series 07 Practitioner Requirements for Controlled Substances Licensure and Accessing the West Virginia Controlled Substances Monitoring Program Database

W. Va. Code R. § 24-7-1 General

1.1. Scope. -- This rule sets forth the requirements for licensees and registrants of the West Virginia Board of Osteopathic Medicine regarding controlled substances licensure and accessing the West Virginia Controlled Substances Monitoring Program database.

1.2. Authority. -- W. Va. Code §§ 60A-9-5a(c) and 60A-3-301.

1.3. Filing Date. -- April 20, 2022.

1.4. Effective Date. -- May 1, 2022.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2027.

W. Va. Code R. § 24-7-2 Definitions

2.1. As used in this rule, the following words and terms have the following meaning:

2.1.a. Administering – The direct application of a drug to the body of a patient by injection, inhalation, ingestion or any other means.

2.1.b. Benzodiazepine – A class of medicines approved to treat generalized anxiety disorder, insomnia, seizures, social phobia, and panic disorder.

2.1.c. Board – The West Virginia Board of Osteopathic Medicine.

2.1.d. Controlled Substance – A drug that is classified by federal or state law in Schedules I, II, III, IV or V, as defined in W. Va. Code §§ 60A-2-204 through 212.

2.1.e. Controlled Substances License – A registration to dispense controlled substances in the state of West Virginia issued by the West Virginia Board of Osteopathic Medicine.

2.1.f. CSMP – The West Virginia Controlled Substances Monitoring Program repository and database.

2.1.g. DEA Registration Identification Number – The federal Drug Enforcement Administration registration identification number issued to a practitioner.

2.1.h. Dispensing – The preparation and delivery of a drug to an ultimate user by or pursuant to a lawful order of a practitioner, including the prescribing, packaging, labeling, administering or compounding necessary to prepare the drug for that delivery.

2.1.i. Medical Records – Records including the medical history and physical examination; diagnostic, therapeutic and laboratory results; evaluations and consultations; treatment objectives; discussion of risks and benefits; informed consent; treatments; medications (including date, type, dosage and quantity provided); instructions and agreements; and periodic reviews.

2.1.j. Opioid – Natural and semi-synthetic derivatives of the opium poppy, as well as similarly synthetic compounds that have analgesic or pain-relieving properties because of their effects in the central nervous system. These include, but are not limited to, codeine, morphine, hydromorphone, hydrocodone, oxycodone, methadone and fentanyl.

2.1.k. Patient – A person presenting himself or herself for treatment who is not considered by the practitioner as suffering from a terminal illness.

2.1.l. Practitioner – An osteopathic physician or physician assistant who possesses a valid DEA registration identification number and who is licensed by the Board pursuant to W. Va. Code § 30-14-1 et seq. or W. Va. Code § 30-3E-1 et seq., or who holds an interstate telehealth registration issued by the Board pursuant to W. Va. Code § 30-1-26.

2.1.m. Provision – Prescribing or dispensing, including administering.

2.1.n. Terminal Illness – An incurable or irreversible condition as diagnosed by the attending physician or a qualified physician for which the administration of life-prolonging intervention will serve only to prolong the dying process.

2.1.o. “Website” or “Board’s website” means the set of related web pages operated by or on behalf of the West Virginia Board of Osteopathic Medicine located at the domain name www.wvbdosteo.org, or at any successor domain name published by the Board.

W. Va. Code R. § 24-7-3 Practitioner Requirements for Obtaining and Maintaining Access to the CSMP

3.1. A practitioner who prescribes or dispenses Schedule II, III, IV, or V controlled substances shall register with the CSMP and obtain and maintain online or other electronic access to the program database. Compliance with the provisions of this section must be accomplished within 30 days of the practitioner obtaining a new license or registration.

W. Va. Code R. § 24-7-4 General Rules for Practitioners for Patients Not Suffering from a Terminal Illness

4.1. Prior to the initial provision of any Schedule II controlled substance, any opioid, or any benzodiazepine to any patient not considered by a practitioner to be suffering from a terminal illness, a practitioner shall apply for and receive capability to access the CSMP for purposes of compliance with this rule.

4.2. Prior to the initial provision of any Schedule II controlled substance, any opioid, or any benzodiazepine to a patient not considered by the current practitioner to be suffering from a terminal illness, a current practitioner is required to access the CSMP to determine whether the patient has obtained any controlled substance reported to the CSMP from any source other than the current practitioner within the twelve-month period immediately preceding the visit of the patient to the current practitioner.

4.3. Upon accessing the CSMP prior to the initial provision of any Schedule II controlled substance, any opioid, or any benzodiazepine, the access and any controlled substances reported to the CSMP within the twelve-month period immediately preceding the visit of the patient shall be then promptly documented in the patient’s medical record with rationale for provision of the Schedule II controlled substance, opioid, and/or benzodiazepine by the current practitioner, with a copy of the CSMP accessed report signed and dated by the current practitioner.

4.4. After the initial provision of any Schedule II controlled substance, any opioid, or any benzodiazepine, should the patient continue as a patient with the current practitioner, and the current practitioner continues to treat the patient with a controlled substance, the CSMP shall be accessed by the current practitioner at least annually to determine whether the patient has obtained any controlled substances reported to the CSMP from any source other than the current practitioner within the twelve-month period immediately preceding the access. The access and any controlled substances from any other source other than the current practitioner, reported to the CSMP within such twelve-month period immediately preceding the access shall be then promptly documented in the patient’s medical record, with rationale for continuing provision of the controlled substance by the current practitioner, with a copy of the CSMP accessed report signed and dated by the current practitioner.

4.5. Nothing herein prohibits the CSMP from being accessed for a specific patient more frequently than annually by the current practitioner; however, upon any such additional access of the CSMP, controlled substances reported to the CSMP from any source other than the current practitioner shall be promptly documented in the patient’s medical record, with rationale for provision of the controlled substance by the current practitioner, with a copy of the CSMP accessed report signed and dated by the current practitioner.

W. Va. Code R. § 24-7-5 Application for Registration to Dispense Controlled Substances in West Virginia

5.1. An applicant for a controlled substances license shall complete an application provided by the Board, which is available on the Board’s website.

5.2. An application for a controlled substances license shall include the following:

5.2.a. A current copy of the applicant’s Federal Drug Enforcement Administration Certificate of Registration for West Virginia.

5.2.b. Complete payment to the Board of the amount established by the Board under the West Virginia Board of Osteopathic Medicine Rule, Fees for Services Rendered by the Board of Osteopathic Medicine, Title 24, CSR 5. If the licensure fee is paid by personal check, the licensing process is not considered complete until the check has cleared the bank.

5.3. The application, together with all photocopied documents submitted with the application, become the property of the Board and shall not be returned.

5.4. A controlled substances license is valid for a term of one year and shall be renewed by June 30 of the following year. The license shall be renewed upon the receipt of a non-refundable fee, established by the Board, together with an application provided by the Board, which is available on the Board’s website.

W. Va. Code R. § 24-7-6 Discipline and Administrative Penalties

6.1. Any practitioner who fails to comply with this rule is subject to Board disciplinary action for failing to perform any statutory or legal obligation placed upon the practitioner and unprofessional, unethical and dishonorable conduct, pursuant to W. Va. Code § 30-14-11, W. Va. Code § 30-3E-17, and/or rules of the Board.

6.2. Any practitioner who fails to comply with the requirements described in W. Va. Code § 60A-9-7(f) or (g) shall be subject to the respective administrative penalties set forth in those subsections. All fines collected pursuant to those subsections shall be transferred by the Board to the Fight Substance Abuse Fund created under W. Va. Code § 60A-9-8.

24CSR1

24CSR7

Series 08 Waiver of Initial Licensing Fees for Certain Initial Licensure Applicants

W. Va. Code R. § 24-8-1 General

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

1.2. Authority. -- W. Va. Code §30-1-23.

1.3. Filing Date. – June 11, 2025

1.4. Effective Date. – June 11, 2025

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

W. Va. Code R. § 24-8-2 Definitions

2.1. For purposes of this rule, the following words and terms mean:

2.1.1. “Below 130 percent of the poverty line” means below 130 percent of the poverty line pursuant to the most recent annual poverty guidelines released by the United States Department of Health and Human Services.

2.1.2. “Board” means the West Virginia Board of Osteopathic Medicine.

2.1.3. “Initial license” means the first license approved by the Board and issued to an applicant:

2.1.3.a. To practice medicine and surgery;

2.1.3.b. To practice podiatric medicine and surgery; or

2.1.3.c. To practice as a physician assistant in collaboration with physicians in West Virginia.

Initial license does not include permits to participate in graduate medical training which are issued by the Board.

2.1.4. “Initial licensing fee” only means a fee directly assessed, collected and retained by the Board in connection with:

2.1.4.a. An application for an initial osteopathic medical license; or

2.1.4.b. An application for an initial physician assistant license.

This term does not include fees assessed by third parties which may be necessary to obtain documentation and/or information needed to complete an applicant’s initial application.

2.1.5. “LIW” means the Low-Income Waiver application used to request a waiver of the initial licensing fee for low-income individuals.

2.1.6. "Local labor market" means every county in West Virginia, and any county outside of West Virginia if any portion of that county is within fifty miles of the border of West Virginia, pursuant to W.Va. Code §21-1C-2.

2.1.7. “Low-income individual” means an individual who resides in the local labor market whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in the Temporary Assistance for Needy Families Program (TANF), Medicaid, the Supplemental Nutrition Assistance Program (SNAP) or other state or federal public assistance program with substantially equivalent low-income eligibility requirements.

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

2.1.9. “MFW” means the Military Family Waiver application used to request a waiver of the initial licensing fee for military service members and eligible spouses.

W. Va. Code R. § 24-8-3 Application for Waiver of Initial Licensure Fees

3.1. An individual applying for an initial license who seeks a waiver of the initial licensing fee pursuant to the low-income or military family waiver shall apply to the Board on the appropriate fee waiver application and provide all required documentation and information as required by this rule. The fee waiver application form can be found on the Board’s website.

3.2. The Board shall provide the LIW and MFW initial licensing fee waiver applications and instructions on what documentation is necessary to submit when an individual is seeking the low-income or military family initial licensing fee waiver.

3.3. The Board shall process the initial licensing fee waiver application and notify the individual whether he or she meets the eligibility requirements for an initial licensing fee waiver within thirty days of receipt of all required information and documentation. The thirty-day processing period shall not commence until the Board has received a completed LIW or MFW application and the individual has provided all required documentation and information needed to process the request.

3.4. Approval of the initial licensing fee waiver for an individual does not entitle the individual to receive a West Virginia license. An individual granted an initial licensing fee waiver must still apply for licensure and meet the qualifications and criteria for licensure as set forth in W. Va. Code §30-14-1 et seq. or W. Va. Code §30-3E-1 et seq. and the Board’s corresponding legislative rules as set forth in 24CSR1 or 24CSR2.

3.5. An applicant who receives an initial licensing fee waiver pursuant to this rule must apply for a license no later than sixty days after the initial licensing fee waiver is granted or the waiver shall expire.

3.6. An applicant shall only be eligible for one initial licensing fee waiver from the Board.

3.7. The Board shall deny an application for an initial licensing fee waiver if the applicant:

3.7.1. Has previously held a license in this state for the same occupation;

3.7.2. Does not meet the eligibility criteria for a low-income or military family waiver;

3.7.3. Submits false or fraudulent information in association with the initial licensing fee waiver application; or

3.7.4. Has previously received an initial licensing fee waiver from the Board for the same occupation.

3.8. If a physician who has been granted an initial licensing fee waiver is approved for licensure, any assessment that may be required for the Patient Injury Compensation Fund pursuant to W. Va. Code §29-12D-1a shall also be waived until the physician’s first license renewal.

W. Va. Code R. § 24-8-4 Required Documentation for a Waiver of Initial Licensing Fees for Low-Income Individuals

4.1. An individual requesting a waiver of the initial licensing fee as a low-income individual shall submit a completed LIW application and all appropriate documentation and information specified in this section.

4.2. To establish eligibility for a waiver of an initial licensing fee based upon low-income, the applicant must either:

4.2.1. Be in the local labor market and submit the appropriate Federal Income Tax returns for the preceding year which verifies that the applicant has a household adjusted gross income below 130 percent of the federal poverty line; or

4.2.2. Submit certified documents or other documents satisfactory to the Board which verifies that the individual is enrolled in the Temporary Assistance for Needy Families Program (TANF), Medicaid, the Supplemental Nutrition Assistance Program (SNAP) or other state or federal public assistance program with substantially equivalent low-income eligibility requirements.

W. Va. Code R. § 24-8-5 Required Documentation for a Waiver of Initial Licensing Fees for Military Families

5.1. An individual requesting a military family waiver of the initial licensing fee shall submit a completed MFW application and all appropriate documentation and information specified in this section.

5.2. To establish eligibility for a military family waiver of the initial licensing fee, an individual shall submit the following documentation to the Board:

5.2.1. If the applicant is the service member, the applicant’s DD-214 form, NGB-22 form or a copy of the applicant’s current military orders.

5.2.2. If the applicant is the spouse of a service member, the applicant must submit:

5.2.2.a. The service member’s DD-214 form, NGB-22 form or a copy of the service member’s current military orders; and

5.2.2.b. A copy of the certificate of marriage between the applicant and the service member.

5.2.3. If the applicant is the surviving spouse of a service member and has not remarried, the applicant must submit:

5.2.3.a. The decedent service member’s DD-1300 form, or a certified copy of the death certificate for the decedent service member plus the decedent service member’s DD-214 form or NGB-22 form;

5.2.3.b. A copy of the certificate of marriage between the applicant and the decedent service member; and

5.2.3.c. A notarized affidavit from the applicant verifying that the applicant has not remarried.

Series 09 Emergency Temporary Permits to Practice During States of Emergency or States of Preparedness

W. Va. Code R. § 24-9-1 General

1.1. Scope -- The purpose of this rule is to allow the West Virginia Board of Osteopathic Medicine to provide a rapid response to health care and medical needs as a result of disasters or emergencies. In the event the Governor of the State of West Virginia proclaims a State of Emergency or State of Preparedness pursuant to W. Va. Code § 15-5-6, the Governor may temporarily suspend regulatory statutes and rules of agencies if strict compliance therewith would in any way prevent, hinder or delay necessary action in coping with the emergency. As set forth below and when authorized by a lawful State of Emergency or State of Preparedness proclamation, the Board may waive requirements for licensure and issue emergency temporary permits to allow physicians and physician assistants to assist in addressing the disaster or emergency.

1.2. Authority -- W. Va. Code § 30-14-14 and W. Va. Code § 30-3E-3.

1.3. Filing Date – July 2, 2026.

1.4. Effective Date – July 2, 2026.

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

W. Va. Code R. § 24-9-2 Definitions

2.1. For purposes of this rule, the following words and terms mean the following:

2.1.a. “Board” means the West Virginia Board of Osteopathic Medicine.

2.1.b. “Emergency temporary permit” means a temporary authorization by the Board allowing certain physicians and physician assistants to practice in West Virginia during a State of Emergency or State of Preparedness.

2.1.c. “State of Emergency” means a proclamation by the Governor of the State of West Virginia that a State of Emergency exists as set forth in W. Va. Code § 15-5-6.

2.1.d. “State of Preparedness” means a proclamation by the Governor of the State of West Virginia that a State of Preparedness exists as set forth in W. Va. Code § 15-5-6.

W. Va. Code R. § 24-9-3 Physician Practice and Emergency Temporary Permit

3.1. A physician who has no pending complaints, investigations, consent orders, board orders, or pending disciplinary proceedings and who possesses a valid, unrestricted license to practice osteopathic medicine and surgery in another state, territory, or district of the United States may qualify for an emergency temporary permit upon the following conditions being met:

3.1.a. The applicant must complete an application approved by the Board, which is available on the Board’s website at: https://www.wvbdosteo.org/licensing/do/apply/temp/; and

3.1.b. The Board shall verify that the physician holds a full, unlimited, and unrestricted license to practice osteopathic medicine and surgery in another state, territory, or district of the United States.

3.2. The Board shall have jurisdiction over all physicians practicing under this rule for all purposes set forth in applicable federal or state law, including the Board’s rules and Chapter 30 of the West Virginia Code, and such jurisdiction shall continue in effect even after such physician has stopped practicing medicine under this rule or the emergency temporary permit has expired.

3.3. During the State of Emergency or State of Preparedness, physicians holding an emergency temporary permit shall have the same rights and privileges as those physicians granted a full license by the Board. However, in order to best serve the public interest, the Board may limit the scope of practice of the physician practicing under this rule.

3.4. Emergency temporary permits shall automatically terminate when the State of Emergency or State of Preparedness is lifted.

3.5. Physicians holding emergency temporary permits shall not receive any compensation outside of their customary compensation for the provision of medical services during a disaster or emergency.

3.6. Applying for an emergency temporary permit does not require the payment of any fee.

W. Va. Code R. § 24-9-4 Physician Assistant Practice and Emergency Temporary Permit

4.1. A physician assistant who has no pending complaints, investigations, consent orders, board orders, or pending disciplinary proceedings and who possesses a valid, unrestricted license to practice as a physician assistant in another state, territory, or district of the United States may qualify for an emergency temporary permit upon the following conditions being met:

4.1.a. The applicant must complete an application approved by the Board, which is available on the Board’s website at: https://www.wvbdosteo.org/licensing/pa/apply/temp/; and

4.1.b. The Board shall verify that the physician assistant holds a full, unlimited, and unrestricted license to practice in another state, territory, or district of the United States.

4.2. The Board shall have jurisdiction over all physician assistants practicing under this rule for all purposes set forth in applicable federal or state law, including the Board’s rules and Chapter 30 of the West Virginia Code, and such jurisdiction shall continue in effect even after such physician assistant has stopped practicing medicine under this rule or the emergency temporary permit has expired.

4.3. During the State of Emergency or State of Preparedness, physician assistants holding an emergency temporary permit shall have the same rights and privileges as those physician assistants granted a full license by the Board. However, in order to best serve the public interest, the Board may limit the scope of practice of the physician assistant practicing under this rule.

4.4. Emergency temporary permits shall automatically terminate when the State of Emergency or State of Preparedness is lifted.

4.5. Physician assistants holding emergency temporary permits shall not receive any compensation outside of their customary compensation for the provision of medical services during a disaster or emergency.

4.6. Applying for an emergency temporary permit does not require the payment of any fee.

W. Va. Code R. § 24-9-5 Practice and Emergency Temporary Permits for Physicians and Physician Assistants with Inactive West Virginia Licenses

5.1. Physicians and physician assistants who, at one time, possessed a license issued by the Board which was not revoked, but who are now retired or in inactive status, may qualify for an emergency temporary permit upon the following conditions being met:

5.1.a. The applicant must complete an application approved by the Board. The application for physicians is available on the Board’s website at: https://www.wvbdosteo.org/licensing/do/apply/temp/. The application for physician assistants is available on the Board’s website at: https://www.wvbdosteo.org/licensing/pa/apply/temp/;

5.1.b. The Board shall verify that the applicant at one time had a full and unrestricted license issued in West Virginia by the Board;

5.1.c. The applicant must certify that he or she has practiced clinical medicine within the past five years;

5.1.d. The applicant must have maintained an active and unrestricted license continuously for the five-year period prior to going inactive; and

5.1.e. The applicant shall not have received any public discipline or inactivated his or her license while under investigation with such inactivation being reported to the National Practitioner Data Bank.

5.2. A physician or physician assistant practicing under this rule shall limit his or her medical practice to the area of practice that he or she engaged in prior to going inactive or another area in which he or she is competent to provide medical care.

5.3. The Board shall have jurisdiction over all physicians and physician assistants practicing under this rule for all purposes set forth in applicable federal or state law, including the Board’s rules and Chapter 30 of the West Virginia Code, and such jurisdiction shall continue in effect even after such physician or physician assistant has stopped practicing medicine under this rule or the emergency temporary permit has expired.

5.4. During the State of Emergency or State of Preparedness, physicians holding an emergency temporary permit shall have the same rights and privileges as those physicians granted a full license by the Board. However, in order to best serve the public interest, the Board may limit the scope of practice of the physician practicing under this rule.

5.5. During the State of Emergency or State of Preparedness, physician assistants holding an emergency temporary permit shall have the same rights and privileges as those physician assistants granted a full license by the Board. However, in order to best serve the public interest, the Board may limit the scope of practice of the physician assistant practicing under this rule.

5.6. Emergency temporary permits shall automatically terminate when the State of Emergency or State of Preparedness is lifted.

5.7. Physicians and physician assistants holding emergency temporary permits under this section shall not receive any compensation outside of their usual compensation for the provision of medical services during a disaster or emergency.

5.8. Applying for an emergency temporary permit does not require the payment of any fee.

W. Va. Code R. § 24-9-6 Professional Conduct, Practice Agreements and Notifications, Denial or Revocation of Emergency Temporary Permits

6.1. All physicians and physician assistants who practice under this rule are required to meet the professional conduct standards and requirements required of licensed physicians and licensed physician assistants in West Virginia.

6.2. All physician assistants who practice under this rule must practice pursuant to an authorized Practice Agreement or active Practice Notification pursuant to W. Va. Code § 30-3E-1 et seq. and all applicable legislative rules.

6.3. The Board shall deny an emergency temporary permit to any physician or physician assistant who is ineligible based upon the criteria set forth in this rule or additional criteria established by the Governor during the State of Emergency or State of Preparedness.

6.4. The Board may revoke an emergency temporary permit granted pursuant to this rule for conduct that is equivalent to any of the grounds cited for the discipline in W. Va. Code § 30-14-11, W. Va. Code § 30-3E-17(b), section 18 of the Board’s rule 24 CSR 1, and/or section 21 of the Board’s rule 24 CSR 2. The Board may also report or refer any complaint or allegation of professional misconduct to a physician or physician assistant’s out-of-state licensing board.

Series 10 Telehealth Practice and Interstate Telehealth Registration for Osteopathic Physicians and Physician Assistants

W. Va. Code R. § 24-10-1 General

1.1. Scope. -- This rule establishes the scope of practice for the provision of medical services via telehealth technologies and the process for osteopathic physicians and physician assistants to obtain an interstate telehealth registration with the Board.

1.2. Authority. -- W. Va. Code § 30-1-26(b).

1.3. Filing Date. -- April 20, 2022.

1.4. Effective Date. -- May 1, 2022.

1.5. Sunset Provision -- This rule shall terminate and have no further force or effect upon August 1, 2027.

W. Va. Code R. § 24-10-2 Definitions

2.1. "Board" means the West Virginia Board of Osteopathic Medicine established in W. Va. Code § 30-14-1 et seq.

2.2. “CSL” means controlled substances license, which is a registration to dispense controlled substances in the state of West Virginia issued by the West Virginia Board of Osteopathic Medicine.

2.3. “Controlled substance” means a drug that is classified by federal or state law in Schedules I, II, III, IV or V, as defined in W. Va. Code Chapter 60A, Article 2.

2.4. “CSMP” means the West Virginia Controlled Substances Monitoring Program repository and database.

2.5. “Distant site” means the telehealth site where the health care practitioner is seeing the patient at a distance or consulting with a patient’s health care practitioner.

2.6. “Emergency temporary permit” means a temporary authorization by the Board pursuant to 24 CSR 9 allowing certain physicians and physician assistants to practice in West Virginia during a State of Emergency or State of Preparedness.

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

2.8. “Good standing” means a license that:

2.8.1. Is not currently revoked, suspended, or subject to a probationary period or a practice restriction or limitation;

2.8.2. Was not surrendered while under or to avoid an investigation or disciplinary action; or

2.8.3. Was not revoked, suspended, or subject to a probationary period or a practice restriction or limitation at the time the license expired, lapsed, terminated, or was cancelled.

2.9. “Health care practitioner” or “practitioner” means an osteopathic physician or physician assistant.

2.10. “Interstate telehealth registration” or “registration” means an authorization to practice as a physician or physician assistant for the limited purpose of providing interstate telehealth services within the registrant’s scope of practice.

2.11. “Interstate telehealth registrant” or “registrant” means a physician or physician assistant issued an interstate telehealth registration by the Board.

2.12. “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.

2.13. “Licensee” means:

2.13.1. A physician who has been granted a license to practice osteopathic medicine and surgery pursuant to W. Va. Code § 30-14-1 et seq. and 24 CSR 1; or

2.13.2. A physician assistant who has been granted a license by the Board to practice medicine in collaboration with physicians pursuant to W. Va. Code § 30-3E-1 et seq. and 24 CSR 2.

2.14. ”Originating site” means the location where the patient is located, whether or not accompanied by a health care practitioner, at the time services are provided by a health care practitioner through telehealth, including, but not limited to, a health care practitioner’s office, hospital, critical access hospital, rural health clinic, federally qualified health center, a patient’s home, and other nonmedical environments such as school-based health centers, university-based health centers, or the work location of a patient.

2.15. “Professional license” means a license to practice osteopathic medicine and surgery or as a physician assistant in any state or commonwealth of the United States.

2.16. “Telehealth services” means the use of synchronous or asynchronous telecommunications technology or audio only telephone calls 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, email messages, or facsimile transmissions.

2.17. “Telehealth provider” means a licensee, registrant, or emergency temporary permit holder who provides health care services using telemedicine technologies to patients in West Virginia.

2.18. “Telemedicine technologies” means technologies and devices which enable secure communications and information exchange in the practice of telemedicine, and typically involve the application of secure real-time audio/video conferencing or similar secure video services, remote monitoring or store and forward digital image technology, or audio only telephone calls to provide or support health care delivery by replicating the interaction of a traditional in-person provider and a patient.

2.19. “Website” or “Board’s website” means the set of related web pages operated by or on behalf of the West Virginia Board of Osteopathic Medicine located at the domain name www.wvbdosteo.org or at any successor domain name published by the Board.

W. Va. Code R. § 24-10-3 Telehealth Practice Requirements

3.1. The practice of medicine occurs where the patient is located at the time health services, including telehealth services, are provided.

3.2. A health care practitioner may not provide telehealth services to patients in West Virginia unless the practitioner is:

3.2.1. Licensed by the Board;

3.2.2. Registered with the Board pursuant to this rule; or

3.2.3. Authorized by the Board to practice under an emergency temporary permit pursuant to 24 CSR 9 during a declared state of emergency or state of preparedness.

3.3. Licensees of the Board may, within the practitioner’s scope of practice, provide telehealth services to patients located at an originating site in West Virginia from any distant site, in accordance with the provisions of W. Va. Code § 30-14-12d and this rule.

3.4. A health care practitioner who is not licensed in West Virginia may provide interstate telehealth services to patients located at an originating site in West Virginia, within the practitioner’s scope of practice, if the practitioner holds an interstate telehealth registration or an emergency temporary permit issued by the Board pursuant to 24 CSR 9.

3.5. An interstate telehealth registration does not authorize a health care practitioner:

3.5.1. To practice from a physical location or distant site within this state; or

3.5.2. To provide telehealth services to patients in this state from an international location or distant site.

3.6. Physician assistant telehealth providers may provide telehealth services within the physician assistant scope of practice in collaboration with physicians, in conformity with the practice requirements of W. Va. Code § 30-3E-1 et seq. and 24 CSR 2.

3.7. Nothing in this section shall prohibit an educational permit holder from providing telehealth services in conformity with the guidelines, requirements, and supervision of the physician’s graduate medical education training program.

3.8. The requirement to hold a license or interstate telehealth registration to provide telehealth services does not apply to:

3.8.1. A health care practitioner furnishing medical assistance in case of an emergency or disaster, if no charge is made for the medical assistance; or

3.8.2. An informal consultation or second opinion, at the request of a licensee. Provided, That the physician requesting the opinion retains authority and responsibility for the patient’s care.

W. Va. Code R. § 24-10-4 Interstate Telehealth Registration Eligibility; Invalidation and Reinstatement

4.1. Health care practitioners who are not licensed in West Virginia may only provide telehealth services pursuant to this rule if the practitioner is eligible for an interstate telehealth registration.

4.2. A health care practitioner is eligible for an interstate telehealth registration issued by the Board if all of the following requirements are continuously met:

4.2.1. The practitioner holds a valid, active medical license issued by another state licensing authority or board;

4.2.2. The practitioner is licensed in good standing in all states in which the practitioner is licensed;

4.2.3. The practitioner is not the subject of an administrative complaint which is currently pending before another state licensing authority or board; and

4.2.4. The practitioner is not currently under investigation by another state licensing authority or board.

4.3. A health care practitioner may not apply for an initial registration or renew a registration unless the eligibility requirements set forth in subsection 4.2 are met.

4.4. The Board shall decline to issue or renew an interstate telehealth registration to any applicant who does not meet all eligibility requirements.

4.5. Registrants must continue to maintain eligibility at all times to continue to practice pursuant to an interstate telehealth registration.

4.6. An interstate telehealth registration issued by the Board shall invalidate upon a registrant’s loss of eligibility.

4.7. A registrant whose interstate telehealth registration is invalid due to a loss of eligibility may apply for registration reinstatement upon regaining eligibility.

4.8. A health care practitioner who is ineligible to apply for, receive or maintain an interstate telehealth registration is not automatically disqualified from or ineligible for a professional license issued by the Board.

W. Va. Code R. § 24-10-5 Interstate Telehealth Registration Application, Renewal and Expiration

5.1. An eligible health care practitioner who is not licensed in West Virginia may apply for an interstate telehealth registration with the Board.

5.2. The Board shall issue an interstate telehealth registration to a health care practitioner who:

5.2.1. Meets all eligibility requirements for an interstate telehealth registration set forth above in section 4 of this rule; and

5.2.2. Submits a complete application for an interstate telehealth registration, including all required documentation and verifications, which is accompanied by the appropriate fee.

5.3. An application for an interstate telehealth registration shall be completed on a form provided by the Board, which is available on the Board’s website. An interstate telehealth registration application must be accompanied by payment of a non-refundable application fee as set forth herein:

5.3.1. The initial and renewal registration fee for osteopathic physicians is $175; and

5.3.2. The initial and renewal registration fee for physician assistants is $50.

5.4. The Board will not consider an application or decide upon the issuance of an interstate telehealth registration until the complete application, including all third-party documentation and/or verification, is on file with the Board and the Board has had at least ten business days to review the application.

5.5. Applicants must provide the following information in association with an application for an interstate telehealth registration:

5.5.1. The applicant's full legal name, email address, home address, preferred mailing address and primary practice location address(es) and telephone numbers;

5.5.2. The applicant’s social security number and demographic information of the applicant, such as date of birth, sex, etc.;

5.5.3. A photograph taken within the previous twelve months which substantially resembles the applicant;

5.5.4. A copy of the applicant’s current government-issued ID, birth certificate, certificate of naturalization, or passport to be used in identifying the applicant, and verifying his or her date of birth and the appropriate spelling of his or her name;

5.5.5. The applicant’s profession, professional degree earned, date of graduation, professional school and documentation establishing the applicant’s graduation therefrom;

5.5.6. A listing of all current and former professional licenses held by the applicant and primary source verification of license to determine the applicant’s good standing of each professional license; and

5.5.7. Information concerning whether the applicant:

5.5.7.a. Has any limitations, restrictions or conditions placed upon a professional license by any licensing board;

5.5.7.b. Has had a professional license revoked, suspended or placed on probation;

5.5.7.c. Has had disciplinary action taken against a professional license in any jurisdiction; or

5.5.7.d. Is currently under investigation or subject to an administrative complaint in any jurisdiction related to professional conduct or professional licensure.

5.6. Ineligible applications shall be declined. Complete applications without discrepant information may be approved without presentation to the Board. Any registration application that contains discrepant information concerning the applicant may be presented to the full Board for review.

5.7. Registrants shall maintain complete and up-to-date contact information, including a current email address, with the Board. Registrants are required to update all categories of contact information collected by the Board within 10 business days of any change to the information previously provided.

5.8. Registrants shall immediately notify the Board, in writing, of any restrictions placed on the registrant’s professional license(s) in any state or jurisdiction.

5.9. An interstate telehealth registration is valid for a period of up to one year, and automatically expires on the 31st day of March unless the applicant renews the registration.

5.10. An interstate telehealth registration may be renewed annually during the renewal period established by the Board if the registrant remains eligible and meets all of the requirements for renewal.

5.11. A registrant may renew an interstate telehealth registration issued by the Board if the registrant:

5.11.1. Meets all eligibility requirements for an interstate telehealth registration as set forth in section 4 of this rule.

5.11.2. Submits a complete application for registration renewal accompanied by the appropriate renewal fee; and

5.11.3. Certifies compliance with all continuing education requirements associated with the registrant’s current professional licenses.

5.12. The Board shall decline to renew a registration if the renewal applicant is ineligible.

5.13. The Board shall publish the renewal period and renewal application on its website and shall provide email notice of the renewal to the registrants’ email address of record with the Board. Registrants are responsible for submitting a timely renewal application.

5.14. Communications and notifications regarding the renewal process will be provided to the registrant via email. Failure of the registrant to receive or review a renewal notification does not justify the provision of interstate telehealth services after registration expiration.

5.15. If a registration automatically expires, the former registrant may apply anew. If a registration is granted, the Board shall reactivate the registration and reissue the practitioner’s original registration number.

W. Va. Code R. § 24-10-6 Establishment of the Provider-Patient Relationship

6.1. Among other ways, a provider-patient relationship is formed when a provider serves a patient’s medical needs, examines, diagnoses or treats a patient, or agrees to examine, diagnose or treat a patient.

6.2. A provider-patient relationship may be established through:

6.2.1. An in-person patient encounter;

6.2.2. Store and forward telemedicine or other similar technologies for the practice of pathology and radiology;

6.2.3. Telemedicine technologies which incorporate interactive audio using store and forward technology, real-time videoconferencing, or similar secure video services during the initial provider-patient encounter; or

6.2.4. Audio-only calls or conversations that occur in real time.

6.3. While real-time audio-only communications may be utilized to establish the provider-patient relationship, patient communication though audio-visual communication is preferable, if available or possible. Real-time audio-only communications may not be utilized when its use does not conform to the standard of care.

6.4. The provider-patient relationship may not be established through text-based communications such as email, internet questionnaires, text-based messaging, or other written forms of communication.

6.5. After a provider-patient relationship has been established, a provider may utilize any telemedicine technology that meets the standard of care and is appropriate for the patient presentation.

6.6. This rule does not prohibit the use of text-based communications for:

6.6.1. Responding to calls for existing patients;

6.6.2. Providing cross coverage for a provider who has established a provider-patient relationship with the patient through an in-person encounter; or

6.6.3. Providing medical assistance in the event of an emergency.

W. Va. Code R. § 24-10-7 Standard of Care, Delivery of Telehealth Services and Medical Records

7.1. A telehealth provider has the duty to practice in a manner consistent with:

7.1.1. The provider’s scope of practice;

7.1.2. The professional conduct standards established in this state for the provider’s profession; and

7.1.3. The standard of care applicable to the provider’s practice.

7.2. The standard of care for the provision of health care services is the same for health care services provided in-person and health care services provided via telemedicine technologies.

7.3. 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.

7.4. 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.

7.5. With the exception of the practice of pathology and radiology, a telehealth provider shall:

7.5.1. Verify the identify and location of the patient;

7.5.2. Provide the patient with confirmation of the identity and professional qualifications of the telehealth provider;

7.5.3. Provide the patient with the physical location and contact information for the telehealth provider;

7.5.4. Establish or maintain a provider-patient relationship that conforms to the scope of practice, professional conduct standards, and standard of care;

7.5.5. Determine whether telemedicine technologies are appropriate for the patient’s presentation of a specific health issue;

7.5.6. Obtain the patient’s consent to receive telehealth services;

7.5.7. Conduct all appropriate evaluations and history of the patient consistent with the standard of care for in-person treatment of the patient’s health condition; and

7.5.8. Create and maintain health care records for the patient which justify the course of treatment and which verify compliance with the requirements of this section.

7.6. It is the standard of care in this state for health care practitioners to complete an appropriate controlled substance prescribing course prior to prescribing controlled substances to patients located in West Virginia. The Board maintains a list of Board-approved courses in drug diversion training and best practice prescribing controlled substances training on its website. Registrants may comply with the standard of care by completing a Board-approved course or a controlled substance continuing education course required by the registrant’s state of licensure.

7.7. A telehealth provider shall maintain a patient medical record for each patient for whom telehealth services are provided. The patient record shall be accessible to the provider and the patient and maintained consistent with the laws and legislative rules governing patient health care records. All laws governing the confidentiality of health care information and governing patient access to medical records shall apply to records of telehealth encounters.

7.8. A telehealth provider solely providing services using telemedicine technologies shall make a patient’s medical record easily available to the patient, and subject to the patient’s consent, to any identified care provider of the patient.

7.9. Upon request of the Board, a telehealth provider shall provide the Board with the identity of, and address for, the custodian of records of any company, service, platform, or entity through which the telehealth provider practices to patients at originating sites in West Virginia.

W. Va. Code R. § 24-10-8 Prescribing Authority and Limitations

8.1. When prescribing to a patient via telemedicine, a telehealth provider shall prescribe within the prescriptive authority of the provider’s profession in this state.

8.2. A telehealth provider who provides health care to a patient solely through the use of telemedicine technologies is prohibited from prescribing a controlled substance listed in Schedule II of the Uniform Controlled Substance Act except under the following circumstances, which are authorized by W. Va. Code § 30-14-12d:

8.2.1. The patient is an established patient of the prescribing telehealth provider’s group practice;

8.2.2. The provider submits an order to dispense a Schedule II controlled substance to a hospital patient, other than in the emergency department, for immediate administration in a hospital; or

8.2.3. The telehealth provider is treating patients who are minors, or if 18 years of age or older, who are enrolled in a primary or secondary education program and are diagnosed with intellectual or developmental disabilities, neurological disease, Attention Deficit Disorder, Autism, or a traumatic brain injury in accordance with guidelines as set forth by organizations such as the American Psychiatric Association, the American Academy of Child and Adolescent Psychiatry, or the American Academy of Pediatrics. The provider must maintain records supporting the diagnosis and the continued need of treatment.

8.3. Telehealth providers who prescribe any medication listed in Schedules II though V of the Uniform Controlled Substance Act pursuant to a telehealth encounter with a patient at an originating site in West Virginia shall:

8.3.1. Obtain and maintain online or other electronic access to the CSMP;

8.3.2. Comply with all preconditions to prescribing identified in W. Va. Code § 60A-9-5a and the requirements set forth in 24 CSR 7;

8.3.3. Comply with the CSL requirements of 24 CSR 7;

8.3.4. Maintain a record of the controlled substance prescribed and the diagnosis or basis for the prescription in the patient medical record;

8.3.5. Comply with all prescribing protocols and prescribing limitations established in the Opioid Reduction Act, W. Va. Code § 16-54-1 et seq.; and

8.3.6. Comply with all state and federal laws which govern the prescribing of controlled substances.

8.4. A telehealth provider may not prescribe any drug with the intent of causing an abortion.

W. Va. Code R. § 24-10-9 Complaint and Disciplinary Procedures for Interstate Telehealth Registrants

9.1. By registering with the Board to provide interstate telehealth services to patients in this state, a health care practitioner is subject to:

9.1.1. All state laws regarding the registrant’s profession in this state;

9.1.2. The state judicial system;

9.1.3. All professional conduct rules and standards incorporated into W. Va. Code § 30-14-1 et seq. and/or W. Va. Code § 30-3E-1 et seq. and the Board’s legislative rules; and

9.1.4. The jurisdiction of the Board, including the Board’s complaint, investigation, and hearing process.

9.2. In circumstances where a registration is not declined or invalidated due to uncontested ineligibility, the complaint and disciplinary process and procedures, and appeal rights set forth in W. Va. Code § 29A-5-1 et seq., W. Va. Code §§ 30-14-11 and 30-14-12a, and in the Board’s procedural rules, 24 CSR 3 and 24 CSR 6, also apply to interstate telehealth registrants.

W. Va. Code R. § 24-10-10 Registration Denial, Professional Conduct, and Discipline

10.1. The Board shall deny an application for an interstate telehealth registration, or a registration renewal, to any applicant who is ineligible based upon the criteria set forth in W. Va. Code § 30-1-26 or section 4 of this rule.

10.2. In circumstances where a registration is not declined or invalidated due to ineligibility, the Board may discipline a health care practitioner registered by the Board who, after a hearing, has been adjudged by the Board as unqualified due to any of the following reasons:

10.2.1. Conduct by a registrant or applicant which is equivalent to any of the grounds cited for the discipline in W. Va. Code §§ 30-14-11 and 30-14-12a, W. Va. Code § 30-3E-17(b), section 18 of 24 CSR 1, or section 18 of 24 CSR 2, all of which apply as equally to registrants or applicants as they do to licensees and/or applicants for licensure; or

10.2.2. Failure to comply with any provision of this rule, the provisions of W. Va. Code § 30-1-26, or W. Va. Code § 30-14-12d; and/or

10.2.3. Failure to immediately notify the Board of any restrictions placed on the registrant’s professional license in any state or jurisdiction.

10.3. If the Board determines that an eligible registrant is otherwise unqualified, the Board may enter an imposing any limitation, restriction or other disciplinary measure set forth in W. Va. Code § 30-14-11, 24 CSR 1, and/or 24 CSR 2.

10.4. In addition to the complaint, investigation, and disciplinary processes available in this state, the Board may elect to report or refer any complaint or allegation of professional misconduct by a registrant to the registrant’s professional licensing boards.

W. Va. Code R. § 24-10-11 Required Records

11.1. The Board shall provide each interstate telehealth practitioner registered written verification of registration and registration expiration via email.

11.2. The Board shall maintain a list of all practitioners who are registered with the Board as interstate telehealth practitioners and shall publish the following information for each registrant on its website:

11.2.1. Name;

11.2.2. Health profession;

11.2.3. Registration number;

11.2.4. Registration date;

11.2.5. Registration expiration date and current status;

11.2.6. Applicant-reported education;

11.2.7. States of licensure;

11.2.8. Primary practice address or preferred contact address; and

11.2.9. Any disciplinary action taken by the Board.

Osteopathy Osteopathy

Series 03 Contested Case Hearing Procedure

W. Va. Code R. § 24-3-1 General

1.1. Scope. -- This rule establishes procedures for the adjudication of contested case hearings before the Board.

1.2. Authority. -- W. Va. Code ''30-14-1 et seq., 30-1-1 et seq. and 29A-5-1 et seq.

1.3. Filing Date. -- January 8, 2001.

1.4. Effective Date. -- March 1, 2001.

W. Va. Code R. § 24-3-2 Definitions

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

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

2.2. The term "demanding party" means an individual who has been denied a license to practice osteopathic medicine 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 osteopathic medicine issued by the Board and who has been charged by the Board as described in subsection 3.4 of this rule.

2.4. The term "licensee" means a physician who holds a license issued by the Board to practice osteopathic medicine or a physician assistant who holds a license to assist a physician or a Atrainee@ who holds an educational training permit who is an osteopathic medical graduate.

2.5. The term Alicense@ means a license issued by the Board pursuant to W. Va. Code '30-14-1 et seq.

2.6. APractice of osteopathic medicine@ means the practice of osteopathic medicine as defined in W. Va. Code '30-14-1 et seq. and includes osteopathic physicians, osteopathic physician assistants and osteopathic medical graduates who hold an educational training permit and osteopathic medical graduates who hold an educational training permit.

W. Va. Code R. § 24-3-3 Hearing Procedures

3.1. Any person denied a license or who has had their license/training permit suspended, restricted, or revoked by order of the Board and who believes such order was in violation of W. Va. Code ''30-1-1 et seq. and/or 30-14-1 et seq. shall be entitled to a hearing on the action.

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 president 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 osteopathic physician, osteopathic physician assistant, or trainee by the Board when reasonable cause exists for believing that he or she may have engaged in conduct or be in such condition that his or her license should be suspended, revoked or otherwise disciplined for one or more of the grounds set forth in W. Va. Code '30-14-1 et seq. or the Board's legislative rules. Charges may be based upon information received by way of a verified written complaint filed with the Board and further information gathered by the Board in the process of investigating such complaint. Charges may also be based upon information received solely through investigative activities undertaken by the Board.

3.5. Charges instituted against a licensee or trainee 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 osteopathic medicine. Such Complaint and Notice of Hearing shall designate the Board as the "Complainant," and shall designate the osteopathic physician, ostepathic physician assistant or trainee involved in the proceeding as the "Respondent"; shall set out the substance of each offense charged with sufficient particularity to reasonably apprise the Respondent of the nature, time and place of the conduct or condition complained of therein; shall state the date, time and place for the hearing; and, shall contain a statement of intention by the Board to appoint a hearing examiner.

3.6. Upon receipt of a demand for a hearing described in subsection 3.1 and 3.2 of this section, the president or his or her designee shall provide the demanding party with a Complaint and Notice of Hearing issued in the name of the Board as the agency of the State regulating the practice of Osteopathic Physicians and Surgeons. 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 with sufficient particularity to reasonably apprise the demanding party of the nature, time and place of the conduct or condition at issue therein; shall state the date, time and place for the hearing; and shall contain a statement of intention by the Board to appoint a hearing examiner.

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 may 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 its designated 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 educational training 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 (3) 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 or she so testified.

3.10.10. The hearing may be conducted by one or more Board members or by a hearing examiner appointed 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 subsections 3.4 and 3.5 of this section, the Board shall have the burden of proof and shall present its evidence and/or testimony in support of the charges first.

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 section, 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 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 submit its evidence in defense.

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

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

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 (7) days prior to the hearing date. In determining whether good cause exists, consideration will be given to the ability of the party requesting the continuance to proceed effectively without a continuance. A motion for a continuance filed less than seven (7) days from the date of hearing shall be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of hearing may be ruled on by the Executive Secretary or Assistant Executive Secretary of the Board or designated hearing examiner. All other motions for continuance shall be ruled on by the Board member(s) or the hearing examiner presiding over the hearing.

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 and shall be received in the office of the Board at least ten (10) days before the hearing. Prehearing motions shall be heard at a prehearing conference or at the hearing prior to the commencement of testimony. The Board member(s) or the hearing examiner presiding at the hearing shall hear the motions and the response for the non-moving party and shall rule on such motions accordingly.

W. Va. Code R. § 24-3-4 Transcription of Testimony and Evidence

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

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

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

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

W. Va. Code R. § 24-3-5 Submission of Proposed Findings of Fact and Conclusions of Law

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

W. Va. Code R. § 24-3-6 Hearing Examiner

6.1. The Board may appoint a hearing examiner who shall be empowered to subpoena witnesses and documents, administer oaths and affirmations, examine witnesses under oath, rule on evidentiary matters, hold conferences for the settlement or simplification of issues by consent of the parties, cause to be prepared a record of the hearing so that the Board is able to discharge its functions and otherwise conduct hearings as provided in '24-3-3.10 herein.

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

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

W. Va. Code R. § 24-3-7 Conferences; Informal Disposition of Cases

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

7.1.1. To dispose of procedural requests, prehearing motions or similar matters;

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

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

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

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

W. Va. Code R. § 24-3-8 Depositions

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

W. Va. Code R. § 24-3-9 Subpoenas

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

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

W. Va. Code R. § 24-3-10 Orders

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

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

W. Va. Code R. § 24-3-11 Appeal

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

W. Va. Code R. § 24-3-12 Severability

12.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the provisions or application of this rule which can be given effect without the invalid provisions or application and to this end the provisions of this rule are declared to be severable.

24CSR3

Series 04 Formation And Approval Of Professional Limited Liability Companies

W. Va. Code R. § 24-4-1 General

1.1. Scope. -- This legislative rule addresses procedures for the formation and approval of professional limited liability companies for osteopathic physicians.

1.2. Authority. -- W. Va. Code §31B-13-1304.

1.3. Filing Date. -- April 27, 2010.

1.4. Effective Date. -- April 27, 2010.

W. Va. Code R. § 24-4-2 Definitions

2.1. Board. -- The West Virginia Board of Osteopathy, established in W. Va. Code §30-14-3.

2.2. Professional limited liability company. -- A limited liability company organized under the provisions of W. Va. Code §31B, for the purpose of rendering a professional service.

2.3. Professional services. -- The services rendered under W. Va. Code §30-14-1 et seq., by osteopathic physicians.

W. Va. Code R. § 24-4-3 Procedures for Formation and Approval of Professional Limited Liability Companies for Osteopathic Physicians; Fees

3.1. Osteopathic physicians licensed to practice medicine and surgery in an active status in this State who desire to render medical professional services as a limited liability company shall comply with the provisions of W. Va. Code §31B-13-1 et seq. No professional limited liability company shall have as a member anyone other than a person who is duly licensed or otherwise legally authorized to render the professional services for which the professional limited liability company was organized.

3.2. The name of a professional limited liability company shall contain the words “professional limited liability company” or the abbreviation “P.L.L.C.” or “Professional L.L.C.”

3.3. Every professional limited liability company shall file with the Board at the time of formation, and on an annual basis on or before the first day of July, the names of its members, and written documentation that the professional limited liability company carries at least one million dollars of professional liability insurance, along with the fee specified in the schedule of fees established in the Board’s legislative rule, Fees For Services Rendered By The Board of Osteopathy, 24CSR5.

3.3.a. The requirement of carrying one million dollars of professional liability insurance is satisfied if the professional limited liability company provides one million dollars of funds specifically designated and segregated for the satisfaction of judgements against the company members or any of its professional or nonprofessional services to patients or clients of the company, by:

3.3.a.1. Deposit in trust or in bank escrow of cash, a bank certificate of deposit or United States treasury obligations; or

3.3.a.2. A bank letter of credit or insurance company bond.

3.4. Every limited liability company formed prior to the effective date of this rule whose members are osteopathic physicians licensed under the provisions of W. Va. Code §30-14-1 et seq. shall re-form and re-file pursuant to the provisions of W. Va. Code §31B-13-1 et seq. and of this rule.

3.5. Every professional limited liability company shall file with the Board a copy of the annual report required to be filed with the Secretary of State under W. Va. Code §31B-2-211. The copy of the annual report, and a copy of any corrected annual report filed with the Secretary of State, shall be filed with the Board on or before the first day of July on an annual basis.

3.6. Every professional limited liability company in compliance with all the provisions of this rule shall be approved by and remain approved by the Board.

3.7. If any person ceases to be a member of any professional limited liability company, the Board shall be notified of that person’s departure, in writing, within twenty days of that event. The fact that a person ceases to be a member of a professional limited liability company shall not affect the approval of such professional limited liability company by the Board, provided that the Board determines that the professional limited liability company remains in compliance with all the provisions of this rule.

W. Va. Code R. § 24-4-4 Notification of Non-compliance, Cessation of Rendering Professional Services

4.1. Should the Board determine that a professional limited liability company is not in compliance with all the provisions of this rule and should cease rendering professional services in the State, the Board shall so notify the professional limited liability company in writing, and upon receipt of such written notice, said professional limited liability company shall cease rendering professional services in the State.

W. Va. Code R. § 24-4-5 Physician-Patient Relationship

5.1. The provisions of this rule shall not be construed to alter or affect the physician-patient relationship.

24CSR4

24CSR4

Series 05 Fees for Services Rendered by the Board of Osteopathy

W. Va. Code R. § 24-5-1 General

1.1. Scope. -- This legislative rule establishes the fees charged by the Board of Osteopathic Medicine for services rendered.

1.2. Authority. -- W. Va. Code §§29B-1-3(5), 30-1-4, 30-1-6, 30-14-4, 30-14A-3, 31B-13-1304 and 30-3E-1 et seq.

1.3. Filing Date. -- April 28, 2015

1.4. Effective Date. -- May 1, 2015

W. Va. Code R. § 24-5-2 Schedule of Fees For Services Rendered for Physicians

The West Virginia Board of Osteopathy charges fees for the services it performs in connection with the licensing of osteopathic physicians, physician corporations and professional, limited liability companies. The services are listed below with the corresponding fee for each service.

2.1. Application for Licensure. -- $400.00.

2.2. Biennial Renewal of License. -- $400.00.

2.3. Osteopathic Physician Corporation Application Fee. -- $500.00.

2.4. Osteopathic Physician Corporation Biennial Renewal. -- $400.00.

2.5. Osteopathic Physician Endorsement or Written Licensure Verification. -- $35.00.

2.6. Osteopathic Physician State Board Scores. -- $10.00.

2.7. Late renewal fee. -- $100.00.

2.8. Osteopathic Physician Duplicate Wallet License. -- $30.00.

2.9. Osteopathic Physician Wall Certificate. -- $50.00.

2.10. Osteopathic Physician Educational Permit. -- $100.00.

2.11. Annual Registration of a Professional, Limited Liability Company. -- $200.00 per year.

2.12. Annual Permit to Dispense/Prescribe Controlled Substance. -- $15 per year.

W. Va. Code R. § 24-5-3 Schedule of Fees For Services Rendered For Physician Assistants

3.1. Physician Assistant License Fee. -- $100.00

3.2. Physician Assistant Biennial Renewal of License. -- $100.00.

3.3. Written Verification of License or Endorsement. -- $35.00. 3.4 Fee for Practice Agreement -- $100.00. 3.5 Fee for Amendment or Change of Practice Agreement -- $100.00.

W. Va. Code R. § 24-5-4 Schedule of Fees For Services Rendered For the General Public

The West Virginia Board of Osteopathy charges the following fees for the production of records and copies provided to the public, pursuant to the West Virginia Freedom of Information Act, W. Va. Code §29B-1-1 et seq., and for customized reports that are not subject to the Act.

4.1. Record Search Fee. -- $30.00.

4.2. Copying of written or printed public records. -- no charge for 10 pages or less, $0.75 for each page in excess of 10 pages.

4.3. Duplication or production of electronic media:

4.3.a. Compact Disc. -- $5.00 per disc.

4.3.b. DVD. -- $10.00 per disc.

4.4. Written summarization of a complaint file. -- $300.00 per file, exclusive of any charges for copying more than ten pages from a complaint file.

4.5. Database Reports and Extracts in Custom Formats.

4.5.a. Custom licensee directories, requiring license issue and expiration dates: $5,000.00 for physician licensees, $2,500.00 for osteopathic physician assistant licensees.

4.5.b. Other custom reports, including requests for existing reports in alternate formats: $300.00 administrative fee, plus $50.00 for each added data field not included in an existing report on the Board’s website.

Series 06 Disciplinary And Complaint Procedures

W. Va. Code R. § 24-6-1 General

1.1. Scope. -- This rule specifies a procedure for the investigation and resolution of complaints against osteopathic physicians, osteopathic physician assistants and osteopathic medical graduates.

1.2. Authority. -- W. Va. Code ''30-14-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- January 8, 2001.

1.4. Effective Date. -- March 1, 2001.

W. Va. Code R. § 24-6-2 Application

This rule applies to all licensed osteopathic physicians, osteopathic physician assistants and osteopathic medical graduates.

W. Va. Code R. § 24-6-3 Definitions

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

3.1. AApplicant@ means any person making application for an original or renewal license or a temporary permit pursuant to W. Va. Code '30-14-1 et seq.

3.2. ABoard@ means the West Virginia Board of Osteopathy.

3.3. A License@ means a license issued by the Board pursuant to W. Va. Code '30-14-1 et seq.

3.4. ATraining permit@ means an educational training permit for trainees issued by the Board pursuant to W. Va. Code '30-14-1 et seq.

3.5. AOsteopathic physician@ means a person who practices medicine. Osteopathic physician assistants are defined in W. Va. Code '30-14A.1. ATrainee@ means a person who is an osteopathic medical graduate in training who holds an educational training permit.

3.5.1. ALicensee@ means osteopathic physician, osteopathic physician assistant or trainee.

3.6. A Investigator@ means a person who has been hired by the Board to investigate complaints or follow-up on past or current agreements against osteopathic physicians, osteopathic physician assistants and trainees.

W. Va. Code R. § 24-6-4 Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses or Training Permits

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 '30-14-1 et seq. or the rules of the Board.

4.2. When the Board finds that any applicant is unqualified to be granted a license or finds that any licensee should be disciplined pursuant to the W. Va. Code ''30-14-3 or 30-14A-1 or rules of the Board, the Board may take any one or more of the following actions:

4.2.1. Refuse to grant a license to an applicant;

4.2.2. Administer a public reprimand;

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

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

4.2.5. Revoke any license;

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

4.2.7. Assess a civil fine of between $1,000 and $10,000 and/or assess cost of the Board's investigation and administrative proceedings against the licensee;

4.2.8. Require him or her to practice under the direction or supervision of another practitioner; or

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

4.2.10. 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 judgement and penalty, or it may impose the judgement and penalty but suspend enforcement thereof and place the physician 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 osteopathic medicine issued under the W. Va. Code '30-14A-1, et seq., or any antecedent law, and as a condition of reinstatement, it may impose any disciplinary or corrective measure provided for in this rule or in the W. Va. Code '30-14A-1, et seq.

4.3. The Board has the authority to place a licensee in a probationary status and to apply varying conditions upon the licensee during the probationary period.

4.3.1. Conditions for probation: Upon reaching the conclusion that a licensee to practice osteopathic medicine should be placed on probation, the Board may impose any one or more of the following conditions:

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

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

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

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

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

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

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

h. The Board may require that prior to the termination of a probationary term, the probationary licensee appear at a regularly scheduled Board meeting and furnish the Board with information as it may then request, and the Board may utilize subpoenas, subpoenas duces tecum and its investigators as it considers necessary to gather facts and evidence to determine compliance by the probationary licensee with the terms of probation; and i. In those situations where indicated, the Board may impose additional terms of probation, restriction, or revocation upon a licensee who has initially been placed on probation. The period of probation shall not exceed five (5) years from its initiation date.

W. Va. Code R. § 24-6-5 Disposition of Reports and Complaints

5.1. Any person, medical peer review committee, firm, corporation, member of the Board, or public officer may make a complaint to the Board which charges an osteopathic physician, osteopathic physician assistant, trainee, or applicant with a violation of W. Va. Code '30-14-1 et seq. or of the rules of the Board. The Board will provide a form for that purpose, but a complaint may be filed in any written form. In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following:

5.1.1. The name and address of the individual(s), against whom the complaint is lodged;

5.1.2. The date of care;

5.1.3. The name(s) of any person(s) 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.

5.1.5. A signed medical records release authorization form that has been notarized and signed by the patient, power of attorney, or legal guardian of the patient when appropriate.

5.2. Reports submitted by a medical peer review committee, a physician, the chief executive officer of a hospital, a professional society, an insurer or any other person, in compliance with the provisions or W. Va. Code '30-3-14(b) may result in the initiation of its own complaint by the board.

5.2.1. The Board shall prepare and mail copies of this section ('24-6-5) to the State Osteopathic Society, State District Academies, West Virginia School of Osteopathic Medicine, and each hospital in the state of West Virginia.

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

5.2.3. Any information regarding a complaint may be sent by the Board to the licensee concerned for his or her written comment and he or she shall submit a written reply within twenty (20) days, or waive the right to do so.

5.2.4. Any requests for comment sent to licensees shall be considered properly served when sent to their last known address. It is the licensee=s responsibility to keep the Board informed of his or her appropriate current address.

5.2.5. Any individual or any medical entity having reason to believe that the conduct of a licensee amounts to professional malpractice or professional incompetence shall be encouraged to report the information to the Board.

5.2.6. The chief executive officer of every hospital shall within sixty (60) days after the completion of the hospital's formal disciplinary procedure, and also after the commencement of and again after the conclusion of any resulting legal action, report in writing to the Board the name of any osteopathic licensee member of the medical staff practicing in the hospital whose hospital privileges have been revoked, restricted, reduced, or terminated for any cause, including resignation, together with all pertinent information relating to the action. The chief executive officer shall also report within sixty (60) days after the action is taken any other formal disciplinary action taken against any licensee by the hospital upon the recommendation of its medical staff relating to professional ethics, medical incompetence, medical malpractice, moral turpitude or drug or alcohol abuse. This does not apply to any temporary suspension for failure to maintain records on a timely basis or for failure to attend staff or section meetings.

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

5.2.8. Every insurer providing professional liability insurance to a licensee in this State shall submit to the Board the following information within thirty (30) days from any judgment, dismissal or settlement of a civil action involving the insured: The date of any judgment, dismissal or settlement; whether any appeal has been taken on the judgment, and, if so, by which party; the amount of any settlement or judgment against the insured; and such other information within the knowledge of the insurer as the Board requires. The Board shall mail a copy of this section to every known insurer in the state which has sold or may hereafter sell, professional liability insurance to any licensee licensed in this State.

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

5.2.10. Information received by the Board under the provisions of W. Va. Code '30-3-14(c) and this subsection may be used by the Board in its determination as to whether to deny an application for a license or to initiate disciplinary action against a physician licensed in this State, and the information may be submitted into evidence notwithstanding its prior use in any administrative civil or criminal hearing involving the applicant or licensee.

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

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

5.5. An individual making a complaint should receive one of the following acknowledgments:

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

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

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

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

5.7. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of Section 5.5.2 of this rule the Board shall cause to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and validity of the allegations set forth in the complaint. The review of complaints and any view or investigation thereof may, at the discretion of the Board, be assigned to a committee of the Board.

5.8. A complaint against an individual must allege that in his or her professional capacity he or she is acting in violation of the law, rules, or good and accepted medical practice and may be founded on any violation enumerated in W. Va. Code '30-3-14(c) or subsections 6.1 or 6.2 of this rule.

5.9. The Board may issue subpoenas and subpoena duces tecum as required to complete its investigation and may utilize an investigator(s) to conduct whatever investigations are necessary to determine the truth and validity, or lack thereof, of complaints. In the event the Board initiates its own complaint, it may utilize subpoenas, subpoenas duces tecum and its investigators as it determines necessary to gather facts and evidence.

5.10. To facilitate disposition of a complaint, the Board 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 commencement of an adjudicatory proceeding. The Board or committee shall give fifteen (15) days notice of the conference, which notice shall include a statement of the issues to be informally discussed. Statements made at a conference may not be introduced at any 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.

5.11. If the Board or committee determines that a complaint complies substantially with subsection 5.8 of this rule and that it relates to matters set forth in W. Va. Code '30-3-14(c) or subsections 6.1 or 6.2 of this rule, it may request that the individual complained of (hereinafter referred to as the "Respondent") respond to the complaint within thirty (30) days. The Board or committee shall attach a copy of the complaint to the order for response or shall describe the acts alleged in the complaint. A respondent may answer either personally or through his or her attorney, but the answer must address the substantive allegations set forth in the complaint or order.

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

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

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

5.15. Upon receipt of a licensee=s or applicant=s comments in response to a complaint, the Board shall promptly send a copy of the same, including any supporting documentation, to the complainant.

5.16. The Board shall review the documentation related to the complaint and shall require an adjudicatory hearing if it determines that there is probable cause to believe that acts alleged occurred and may constitute a violation of any provision of law or this rule. The Board may take such informal action as it determines a complaint warrants.

5.17. The Board may suspend or refuse to renew a license pending a hearing if the health, safety or welfare of the public necessitates such summary action. The Board shall provide a hearing on the necessity for the summary action within fifteen (15) days after the suspension. The Board shall render its decision within five (5) days of the conclusion of a hearing under this section.

5.18. The Board shall maintain a permanent file on each physician licensed or otherwise lawfully practicing in this State and of all persons applying to be licensed. This file shall include an individual historical record of each physician, which shall include all reports and information furnished to the Board pursuant to applicable law. In the event an investigative or complaint file is opened, a record shall be made thereof. The Board shall provide a licensee written notice of the substance of any record placed in his or her historical file, and the licensee will be permitted thirty (30) days in which to file a written statement regarding the record; the statement shall always accompany that part of the record in contention. A licensee may examine his or her historical file during regular office hours of the Board or may designate his or her attorney to do so. A request for photocopies of his or her historical file may be made by a licensee and it shall be processed by the Board on the basis of staff availability, and the cost of the request shall be paid by the requesting licensee. Requests for matters relating to an ongoing investigation shall be handled at the discretion of the Board. All matters in an historical file are strictly confidential, except as exempted by W. Va. Code '30-3-9. Except for information enumerated in W. Va. Code '30-3-9(f), any matter in an historical file which is not involved in a proceeding for a hearing regarding the licensee concerned within two (2) years from its placement into such file may be expunged from the file at the discretion of the Board. If the investigative or complaint file is closed on the basis that the individual licensee concerned is not guilty of any misconduct or wrongdoing, the Board shall remove all matters relating to that investigation from his or her historical file.

5.19. A licensee shall respond within thirty (30) days to a written communication from the Board or its designee and shall make available to the Board any relevant and authorized records with respect to an inquiry or complaint about his or her professional conduct. The thirty (30) day period commences on the date the Board sends the communication by registered or certified mail with return receipt requested to his or her last known address. The physician shall maintain a medical record for each patient which is adequate to enable the physician to provide proper diagnosis and treatment. The physician must maintain a patient's medical record for a minimum period of three (3) years from the date of the last patient encounter and in a manner which permits the former patient or a successor licensee access to them within the terms of this rule and as set forth in W. Va. Code '16-29-1 et seq.

W. Va. Code R. § 24-6-6 Appeals

6.1. Any applicant who has had his or her application for a license denied by order of the Board 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-5-1 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.

6.2. Any licensee practicing in this State, who has had his or her license denied, suspended, restricted, or revoked by order of the Board, may appeal the order within thirty (30) days of such action in accordance with the contested case hearing procedure, W. Va. Code '29A-5-1 et seq., and rules of the Board: Provided, That the appeal shall not include cases in which the Board issues a license, permit 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. § 24-6-7 Severability

7.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the provisions or application of this rule which can be given effect without the invalid provisions or application and to this end the provisions of this rule are declared to be severable.

24CSR6