Title 5 W. Va. C.S.R.

Dental Examiners Dental Examiners

Series 05 Disciplinary And Complaint Procedures

W. Va. Code R. § 5-5-1 General

1.1. Scope. -- This rule specifies procedure for the investigation and resolution of complaints against dentists and dental hygienists.

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

1.3. Filing Date. -- April 27, 2007.

1.4. Effective Date. -- June 1, 2007.

W. Va. Code R. § 5-5-2 Application

This rule applies to all licensed and/or permitted dentists and dental hygienists.

W. Va. Code R. § 5-5-3 Definitions

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

3.1. “Applicant” means any person making application for an original or renewal license and/or a permit pursuant to W. Va. Code §§30-4-1 et seq. and 30-4A-1 et seq.

3.2. “Board” means the West Virginia Board of Dental Examiners.

3.3. “Complainant” means the person making a complaint.

3.4. “License” means a license or permit issued by the Board pursuant to W. Va. Code §§30-4-1 et seq. and 30-4A-1 et seq.

3.5. “Dentist” means a person who practices dentistry as defined in W. Va. Code §30-4-1 et seq.

3.6. “Dental Hygienist” means a person who practices dental hygiene as defined in W. Va. Code §30-4-1 et seq.

W. Va. Code R. § 5-5-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses and/or Permit of Dentists or Dental Hygienists

The Board may deny an application for license and/or permit, 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 §§30-1-1 et seq., 30-4-1 et seq., 30-4A-1 et seq. and/or the rules of the Board.

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

5.1. Any person, firm, corporation, member of the Board, or public officer may make a complaint to the Board which charges a dentist or dental hygienist or applicant with a violation of W. Va. Code §§30-1-1 et seq., 30-4-1 et seq., 30-4A-1 et seq. and/or of the rules of the Board. The Board may provide a form for filing a complaint, 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 dentist or dental hygienist against whom the complaint is lodged;

5.1.2. The date of treatment;

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

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

5.2. A complaint against a dentist or dental hygienist shall allege that such person has been convicted of a felony or is, in his or her professional capacity, engaging in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §§30-4-1 et seq. or 30-4A-1 et seq. or the rules of the Board.

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

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

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

5.6. Upon receipt of a complaint, it will be assigned to a two (2) member complaint committee appointed by the Board to review and make recommendations to the Board. The Board will then issue one of the following acknowledgments to the complainant:

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

5.6.2. That the complaint is outside the jurisdiction of the Board.

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

5.7. The Board will send a copy of the complaint, including any supporting documentation, by certified mail to the licensee or permittee or applicant in question for his or her written comment. He or She must submit a written response to the Board within thirty (30) days of the date of the correspondence, or waive the right to do so. 5.7.1 Exception. The board may use its discretion regarding the notification of complaint to the licensee or permittee or applicant if such notification would result in possible tampering of evidence. However, once such evidence is collected by the representative for the board, the licensee must be notified, pursuant to 5CSR5-7.

5.8. Requests for comment on complaints sent to licensees, permittees or applicants will be considered properly served when sent to their last known address. It is the responsibility of the licensee or permittee or applicants to keep the Board informed of his or her current address.

5.9. Upon receipt of a licensee’s or applicant’s comments in response to a complaint, the Board will promptly send a copy of the response, including any supporting documentation, to the complainant.

5.10. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subsection 5.6.2 of this rule, the Board will conduct or authorize any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations in the complaint. The review of complaints and any investigation may, at the discretion of the Board, be assigned to a committee and/or investigator of the Board.

5.11. To facilitate the disposition of a complaint, the Board or the committee may request any person to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint.

The Board or the committee must give notice of the conference. The notice must include a statement of issues to be informally discussed. Statements made at a conference may not be introduced at any subsequent hearing on the merits without the consent of all parties to the hearing. Failure to attend a conference will not prejudice any party to the case.

5.12. The Board, its president, the investigating committee or chairperson may issue subpoenas and subpoenas duces tecum to complete the Board’s investigation and to determine the truth or validity of complaints. The investigator and/or committee may request the Board or its president to issue a subpoena or subpoena duces tecum. Any subpoena request must be accompanied by a brief statement explaining the need for the subpoena.

5.13. At any point in the course of an investigation or inquiry into a complaint, the Board may determine that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a dentist or dental hygienist may be sanctioned by the Board.

W. Va. Code R. § 5-5-6 Contested Case Hearings

6.1. The Board may refuse to renew a license or may suspend a current license if it determines there is probable cause to believe that a dentist or dental hygienist’s conduct, practices or acts constitute an immediate danger to the public.

W. Va. Code R. § 5-5-7 Appeals

7.1. 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-6-1 et seq., 30-1-9 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.

5CSR5

5CSR5

Series 07 Meeting Procedures

W. Va. Code R. § 5-7-1 General

1.1. Scope. -- These procedural rules govern all regularly scheduled meetings and special meetings of the West Virginia Board of Dental Examiners (the "Board").

1.2. Authority. -- W. Va. Code §6-9A-3.

1.3. Filing Date. -- July 27, 2005.

1.4. Effective Date. -- August 27, 2005.

W. Va. Code R. § 5-7-2 Application and Enforcement

2.1. These procedural rules apply to the Board and to any and all individuals desiring to attend Board meetings.

W. Va. Code R. § 5-7-3 Definitions

3.1. “Board” - The West Virginia Board of Dental Examiners

3.2. “Meeting” - The convening of a governing body of a public body for which a quorum is required.

3.3. “Quorum” - A majority of the constituent membership, including one officer.

W. Va. Code R. § 5-7-4 Regular Meetings Established; Time, Place

4.1. The Board shall meet in general session at least three times per year by a majority of a quorum of the Board.

4.2. The Board shall convene all meetings in accordance with the agenda as set by the Board or it’s staff at least three days before each meeting.

4.3. The Board shall convene all regular meetings within the boundaries of the State of West Virginia.

4.4. The Board may, move the date and location of a meeting at least 14 days prior to a scheduled meeting date.

4.5. The date, time, place and agenda of all regularly scheduled meetings shall be made available to the public at least three days before each meeting.

4.6. The Board may cancel and/or reschedule meetings due to inclement weather and notify the public accordingly.

W. Va. Code R. § 5-7-5 Special Meetings; Notice Required, Time, Place And Purpose

5.1. The Board may convene special meetings in accordance with the procedures established herein.

5.2. Special meetings of the Board may be called by the action of the president and/or executive secretary in accordance with the open meetings act.

5.3. The executive secretary shall send to all members in advance of a special meeting a written notice setting forth the time and place of such special meeting and the matters to be considered at such special meeting: Provided, That such written notice is not required if the time, place and matter for consideration have been fixed in a regular meeting or if the emergency nature of a special meeting precludes other than notice by telephone or personal contact.

5.4. The executive secretary shall cause the notification of the public by placing in the State register as expeditiously as possible. The public notice shall contain the date, time, place and purpose of the meeting.

5.5. The provisions of this section shall not apply in the event of an emergency requiring immediate official action by the Board. An emergency meeting notice may be filed at any time prior to the emergency meeting. The emergency meeting notice shall state the date, time, place and purpose of the meeting and the facts and circumstances of the emergency.

5.6. Meetings may be held by telephone conference or other electronic means.

W. Va. Code R. § 5-7-6 Proceedings To Be Open; Exceptions; Executive Session Permitted; Broadcasting and Recording

6.1. All meetings of the Board shall be open to the public, except as otherwise provided in W. Va. Code §6-9A-4. Except as otherwise provided in W. Va. Code §6-9A-9, the Board shall permit any radio or television station to broadcast all or any part of a general session meeting.

W. Va. Code R. § 5-7-7 Minutes

7.1. The Board shall provide for the preparation of written minutes of all of its meetings. All minutes of open meetings shall be available to the public within a reasonable time after such meetings and shall include the following information:

(a) The date, time and place of the meeting;

(b) The name of each Board member present or absent;

(c) All motions, proposals, resolutions, orders, ordinances and measures proposed, the name of the persons proposing the same and their disposition;

(d) The results of all votes, and upon the request of a member, the vote of each member, by name; and (e) Minutes of executive sessions, if any are taken, may be limited to material which is not inconsistent with the provisions of W. Va. Code §6-9A-4.

W. Va. Code R. § 5-7-8 Quorum; Majority Open Vote Required; Vote By Proxy Prohibited

8.1. A majority of the members of the Board shall constitute a quorum for the transaction of business, and business shall be transacted by majority of a quorum except that votes on disciplinary actions shall require an affirmative vote of five (5) members or a majority vote, whichever is greater. Proxy voting or voting by secret or written ballot, are prohibited.

W. Va. Code R. § 5-7-9 Records Of The Board – Public Documents

9.1. All records of open proceedings of the Board are public records and shall be available to the public during the usual and customary business hours of the Board.

5CSR7

5CSR7

Dentistry, WV Board of Dentistry, WV Board of

Series 01 Rule for the West Virginia Board of Dentistry

W. Va. Code R. § 5-1-1 General

1.1. Scope. This rule regulates the W. Va. Board of Dentistry’s proceedings and carries out the purposes and enforces the provisions of W. Va. Code§§30-1-1 et seq and 30-4-1 et seq which are applicable to the W. Va. Board of Dentistry.

1.2. Authority. -- W. Va. Code §30-4- 5 & 6, W. Va. Code §30-1-23 &24, and W. Va. Code §30-1D- 1(d).

1.3. Filing Date. -- May 3, 2022

1.4. Effective Date. – July 1, 2022

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2032.

1.6. Amend. -- This rule amends W. Va. Board of Dentistry Rule 5CSR1, W. Va. Administrative rules, W. Va. Board of Dentistry which became effective on June 1, 2020.

W. Va. Code R. § 5-1-2 Definitions

2.1. Initial licensure means obtaining a license in West Virginia for the occupation sought for the first time.

2.2. Low-income individuals means individuals in the local labor market as defined in W. Va. Code

§21-1C-2 whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition Assistance Program.

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

2.4. Trade name means a fictitious name, firm name or a doing business as name under which business is conducted other than the current official name on a business registration.

W. Va. Code R. § 5-1-3 Issuance of dental intern, dental resident, teaching permits; licensing of foreign trained dentists

3.1. Dental Intern or Dental Residency Permit. The Board of Dentistry may issue a dental intern or dental residency permit to graduates of dental schools approved by the Board who are not licensed to practice dentistry in this State. The dental director of a hospital operated or licensed by the State, which maintains a dental intern or residency program, or the dean of a dental school located within the State shall certify an applicant has obtained an internship or residency to the Board. The permit authorizes the holder of the permit to serve as a dental intern or a dental resident for a period of not more than one year in any hospital licensed or operated by the State which maintains an established dental department under the supervision of a licensed dentist or the school of dentistry located in the State. The permit may be reissued by the Board at its discretion. The holder of a permit shall function under the supervision of the dental staff of the hospital or dental school and shall limit his or her practice to patients selected by the hospital or school of dentistry. The holder of a permit is not entitled to receive any fee or other compensation other than the salary paid by the hospital or school of dentistry. The Board may revoke a permit for cause. Permits expire at the end of one year or on the date the dental internship or residency is discontinued, whichever first occurs.

3.2. Teaching Permits. The Board may issue teaching permits to persons who are graduates of a school of dentistry or dental residency program approved by the Board where those persons are not licensed to practice dentistry in this State. The permit shall be issued only upon the certification of the dean of a dental school or program director of a dental residency program located in this State that the applicant is a member of the staff of that school or program. The permits are valid for one year and may be reissued by the Board in its discretion with a written recommendation of the dental school dean or program director. The holder of a permit may perform all operations which a person licensed to practice dentistry in this State may perform, but only within the facilities of the dental school, academic medical center, or teaching hospital adjacent to a dental school or academic medical center located within the state and as an adjunct to his or her teaching functions in the school. The Board may revoke a permit for cause. Permits expire at the end of one year or on the date the teaching appointment ends, whichever first occurs.

3.3. Teaching Permits with U.S. Specialty Training. The Board of Dentistry may issue a teaching permit to an applicant trained in foreign dental schools, who possesses a certificate of completed dental specialty training from a U. S. or Canadian dental school and who has received U. S. Board certification.

The permit shall be issued only upon certification of the dean of a dental school or program director of a dental residency program located in this State, that the applicant is a member of the staff at that school or program. The permits are valid for one year and may be reissued by the Board with a written recommendation of the dental school dean or program director of a dental residency program. The holder of the permit may perform all operations which a person licensed in his or her particular specialty to practice dentistry in this State may perform, but only within the confines of the primary location of the dental school or program, or teaching hospital adjacent to a dental school located within the state and as an adjunct to his or her teaching functions in the dental school or program. The Board may revoke a permit for cause. Permits expire at the end of one year or on the date the teaching appointment ends, whichever first occurs.

3.4. Foreign Trained Dental Graduates. The Board of Dentistry may issue a dental intern permit, dental resident permit or teaching permit to a foreign trained dentist who has been offered a position in an approved dental program in this state as verified by the program director, dean, or associate dean.

3.5. Foreign Trained Dental Graduates with Accredited Advanced General Dentistry Training. The Board may issue a dental license to an applicant trained in a foreign dental school, who possesses a certification of a two-year, or more, advanced general dentistry training program from a U.S. or Canadian dental school accredited by the Commission on Dental Accreditation.

3.6. Foreign Trained Dental Graduates with Accredited Dental Specialty Advanced Education Training. The Board may issue a dental license to an applicant trained in a foreign dental school, who possesses a certification of a two-year, or more, dental specialty advanced education training program from a dental school accredited by the Commission on Dental Accreditation. The applicant shall apply for both a general and specialty dental license and shall limit his or her practice of dentistry only to the specialty in which he or she is licensed.

W. Va. Code R. § 5-1-4 Suspension or revocation of a license

4.1. Board Meeting. Prior to the suspension or revocation of a license, a majority of the Board shall meet with a quorum voting for revocation or suspension of the license.

4.2. Notice. The Board shall notify the licensee concerning a revocation or suspension at least thirty (30) days prior to the hearing. The notice shall contain grounds for the revocation or suspension and notify the licensee that he or she may appear with witnesses and be heard in person, by counsel, or by both. The notice shall also contain the time and place of the hearing concerning the suspension or revocation. The notice shall also contain a statement informing the licensee that the Board will receive any evidence the licensee may wish to offer, that the licensee will be given the opportunity to crossexamine any witnesses appearing before the Board, and that the Board will receive any statement the licensee may desire to make to them.

4.3. Publicity. The Board shall give no advance publicity prior to the hearing, during the hearing or prior to its decision concerning a licensee's suspension or revocation of a license.

4.4. Service of Notice. The Board may serve notice by delivering a copy of the notice in writing to the party in person; or if he or she cannot be found, by delivering the copy at his or her usual place of abode, and giving information of its purport, to the spouse, or to any other person found there who is a member of the licensee's family and above the age of sixteen years; or if neither the spouse nor any other person is found there, and the licensee is not found, leaving the copy posted at the front door of the place of abode.

Any sheriff or constable shall serve a notice within his or her county and make return of the manner and time of service; for a failure to do so he or she shall forfeit twenty dollars. The return, or a similar return by any other person who verified it by affidavit, is evidence of the manner and time of service.

4.5. Service by Publication. Any notice to a person not residing in this State may be served by the publication of the notice once a week for three successive weeks in a newspaper published in this State.

4.6. Hearing. The Board may compel the attendance of witnesses and administer oaths. A stenographic report of a proceeding to suspend or revoke a license shall be made at the expense of the Board and a transcript of the hearing retained in the Board's file. The Board shall make a written report of its findings, which constitute part of the record and a copy of the findings shall be filed with the Secretary of State.

4.7. Review by Circuit Court and Supreme Court of Board's Decision on Suspension and Revocation of License. A person having his or her license suspended or revoked may, within thirty days after the decision of the Board, present a petition in writing to the circuit court of the county in which the person resides, or to the judge of the court in vacation, praying for the review and reversal of the decision. Before presenting his or her petition to the court or judge, the petitioner shall mail copies of the petition to the president and secretary, respectively, of the Board. Upon receipt of the copy, the secretary shall immediately transmit to the clerk of the court the record of the proceedings before the Board. The court or judge shall fix a time for the review of the proceedings at his or her earliest convenience. Notice in writing of the time and place of the hearing shall be given to the president and secretary of the Board at least ten days before the date set for the hearing. The court or judge shall, without a jury, hear and determine the case upon the record of the proceedings before the Board. The court or judge may enter an order affirming, revising, or reversing the decision of the Board if it appears that the decision was clearly wrong. Prior to the entry of the order, the court shall not enter an order to stay or supersede any suspension, revocation or cancellation of any certificate, license, registration or authority. The judgement of the Circuit Court may be reviewed upon appeal in the Supreme Court of Appeals.

W. Va. Code R. § 5-1-5 Practice of dentistry under trade name

5.1. A person shall not practice, or offer or undertake to practice, dentistry under any name other than his or her own true name. This section may not prohibit the practice of dentistry by a partnership under a trade name, or a licensed dentist from practicing dentistry as the employee of a licensed dentist, practicing under his own name or under a trade name, or as the employee of a professional corporation, or as a member, manager, employee, or agent of a professional limited liability company or as the employee of a dental clinic operated as specified.

5.2. A dentist, partnership, professional corporation, or professional limited liability company that owns a dental practice may adopt a trade name for that practice so long as the trade name meets the following requirements:

5.2.a. The trade name incorporates one or more of the following: (i) a geographic location, e.g., to include, but not be limited to, a street name, shopping center, neighborhood, city, or county location; (ii) the type of practice; or (iii) a derivative of the dentist's name.

5.2.b. Derivatives of American Dental Association approved specialty board certifications may be used to describe the type of practice if one or more dentists in the practice are certified in the specialty or if the specialty name is accompanied by the conspicuous disclosure that services are provided by a general dentist in every advertising medium in which the trade name is used.

5.2.c. The trade name is used in conjunction with either (i) the name of the dentist or (ii) the name of the sole proprietorship, partnership, professional corporation, or professional limited liability company that owns the practice. The owner's name shall be conspicuously displayed along with the trade name used for the practice in all advertisements in any medium.

5.2.d. Marquee signage, web page addresses, and email addresses are not considered to be advertisements and may be limited to the trade name adopted for the practice.

5.3. False or misleading trade names may be subject to disciplinary actions by the Board.

W. Va. Code R. § 5-1-6 Annual information and renewal notice; reinstatement; penalty fees; waiver of payment of fees; change of address

6.1. Annual information and renewal notice; reinstatement and penalty fees.

6.1.a. On or before the first day of February of each year, every dentist licensed to practice dentistry in this state, and every dental hygienist licensed to practice dental hygiene in this state, shall transmit to the director of the board upon a form prescribed by the board, on a paper form or an internetbased online form, his or her signature, or electronic signature, post-office address, office address, serial number of his or her license certificate, whether he or she has been engaged during the preceding year in the active and continuous practice of dentistry or dental hygiene, as the case may be, whether within or without this state, and any other information required by the board, together with a renewal application and fee.

6.1.b. Upon receipt of the required information and the payment of the proper renewal fee, the board shall issue a renewal certificate authorizing the licensee to continue the practice of dentistry or the practice of dental hygiene in this state for a period of one year from the first day of February.

6.1.c. Upon failure of any licensee to submit the required information and pay the annual renewal fee as required by the statutory date, the board shall attempt to notify the licensee in writing by mailing to his or her address of record a notice of the expiration of his or her license on the statutory date: Provided, that the Board’s failure to mail or receive the notice shall not affect the expiration of the licensee’s license.

6.1.d. A license to practice dentistry or dental hygiene expires on the first day of February if the licensee fails to secure a current renewal certificate by that day. Any licensee whose license is expired by reason of the failure, neglect or refusal to secure the proper renewal certificate may have his or her license reinstated by the board at any time within one year from the date of the expiration of the license upon the payment of the proper renewal fee and a penalty fee as set by the board’s rule, Fees Established by the Board, 5CSR3. If the licensee does not apply for renewal of his or her license as required by this section within one year, that person shall, at the discretion of the board, file an application for reinstatement.

6.2. Waiver of payment of renewal fee for active duty military or accompanying spouse.

6.2.a. After the proper submission of a waiver request, the board may waive the annual payment of the renewal fee required by this section, during periods when a licensee is on active duty or is the accompanying spouse of a member of the Armed Forces of the United States, the National Guard of this state or any other state or any other military reserve component and deployed outside this state, and for six months after discharge from active duty, the license of a person regulated by this Board shall continue in good-standing and shall be renewed without payment of any fees for the maintenance or renewal of the license and without meeting continuing education requirements for the license when circumstances associated with military duty prevent the individual from obtaining the required continuing education.

6.3. Waiver of payment of initial application fee for low-income individuals and military families.

6.3.a. Low-Income individuals, as defined in this rule, may seek a waiver of the initial application fee for licensure as a dentist or dental hygienist and shall apply for the waiver in a format prescribed by the board.

6.3.b. Military families, as defined in this rule, may seek a waiver of the initial application fee for licensure as a dentist or dental hygienist and shall apply for the waiver in a format prescribed by the board.

6.4. Change of Address.

6.4.a. Every licensed dentist or dental hygienist within thirty days of changing his or her place of residence or place of practice or establishing additional offices shall furnish the secretary of the board with his or her new addresses.

W. Va. Code R. § 5-1-7 Criminal History Record Check. Use of Criminal Records as Disqualification from Licensure

7.1. Beginning July 1, 2017, and in addition to all of the requirements for licensure, all applicants for an initial license to practice as a dentist or dental hygienist in West Virginia shall request and submit to the Board the results of a state and a national criminal history record check.

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

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

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

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

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

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

7.8. The applicant shall request a criminal history record check in support of an application for licensure no earlier than twelve (12) months immediately prior to the Board's receipt of the applicant's application for licensure.

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

7.10. Should criminal offenses be reported on an applicant’s criminal history record check, the board will consider the nature, severity, and recency of offenses, relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession of dentistry or dental hygiene, as well as rehabilitation and other factors on a case by case basis for licensure.

7.10.a. The Board may not disqualify an applicant from initial licensure as outlined in W. Va.

Code §30-1-24.

7.10.b. Criminal history record checks shall be verified by a source acceptable to the Board, other than the applicant.

7.10.c. The Board shall permit an applicant to apply for initial licensure who was previously denied because of a criminal conviction according to the requirements of W. Va. Code §30-1-24(b)(3).

7.10.d. Convictions of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure in the profession of dentistry or dental hygiene as set-forth in W. Va. Code §30-1-24(b)(3)(c).

7.10.e. An individual with a criminal record who has not previously applied for licensure may petition the board according to the requirements of W. Va. Code §30-1-24(b)(4). The board may charge a fee of $100.00 to recoup its costs for each petition.

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

7.11.a. To the individual who is the subject of the criminal history record check;

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

7.11.c. Pursuant to a court order.

7.12. Criminal history record checks and related records are not public records for the purposes of W.

Va. Code §29B-1-1 et seq.

Series 02 Formation and Approval of Professional Limited Liability Companies

W. Va. Code R. § 5-2-1 General

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

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

1.3. Filing Date. -- May 2, 2022

1.4. Effective Date. -- July 1, 2022

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2032.

W. Va. Code R. § 5-2-2 Definitions

2.1. Board. - The West Virginia Board of Dentistry, established in W. Va. Code §30-4-4.

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

2.3. Professional services. - The services rendered under W. Va. Code §30-4-1 et seq., by dentists.

W. Va. Code R. § 5-2-3 Procedures for Formation and Approval of Professional Limited Liability Companies for Dentists; Fees

3.1. Dentists licensed to practice dentistry in an active status in this State who desire to render dental professional services as a limited liability company shall comply with the provisions of W. Va. Code

§31B-13-1 et seq. A dental professional limited liability company shall not have as a member anyone other than a person who is duly licensed by the Board 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. The name of a dental limited liability company shall comply with the rules concerning the practice of dentistry under a trade name.

3.4. 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 one or more members, and written documentation that the professional limited liability company carries at least one million dollars 5CSR2 of professional liability insurance, together with an initial filing fee and an annual renewal fee as set forth in the Board’s rule, Fees Established by the Board, 5CSR3.

3.4.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 managers or employees arising out of the performance of professional services to patients of the company, by:

3.4.a.1. the deposit in trust or in bank escrow of cash, bank certificates of deposit or United States treasury obligation; or

3.4.a.2. A blank letter of credit or an insurance company bond.

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, and a copy of any corrected annual report filed with the secretary of state, 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, that person shall notify the Board in writing within twenty days from the date that he or she ceased to be a member of the professional limited liability company. The fact that a person ceases to be a member of a professional limited liability company shall not affect the approval of the professional limited liability company by the Board, if the Board determines that the professional limited liability company remains in compliance with all the provisions of this rule.

W. Va. Code R. § 5-2-4 Approval and Authorization of Change of Name

4.1. Any professional limited liability company seeking a name change shall submit a written request to the Board, along with the appropriate amending documents for approval, and appropriate fee as set forth by the Board’s rule, Fees Established by the Board, 5CSR3. Once approved the Board shall send an authorization for the name change to the Secretary of State.

W. Va. Code R. § 5-2-5 Notification of Non-compliance, Cessation of Rendering Professional Services

5.1. If the Board determines 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 notify the professional limited liability company in writing, and upon receipt of the written notice, the professional limited liability company shall cease rendering professional services in the State.

5.2. Once the Board determines a professional limited liability company is not in compliance and/or that its certificate of authorization is expired 60 days or more, the Board shall notify the Secretary of State that the professional limited liability company’s certificate of authorization is no longer valid.

5.3. A professional limited liability company whose certificate is expired for 60 days or more may submit an application to reinstate its certificate of authorization on an application prescribed by the Board.

The fee shall be in the amount of the renewal fee plus any applicable late fees as set forth in the Board’s

rule, Fees Established by the Board, 5CSR3.

5CSR2

5.4. The Board may approve an application to reinstate a certificate of authorization if the professional limited liability company comes into compliance with W. Va. Code §31B-13-1301 et seq., the Secretary of State’s Office, and the provisions of this rule. The Board shall notify the Secretary of State of the reinstatement of a certificate of authorization.

5.5. If a professional limited liability company fails to adhere to W. Va. Code §31B-13-1301 et seq., and the provisions of this rule concerning the practice of dentistry of a dental professional limited liability company the Board may file a complaint and take possible disciplinary actions against the company and/or its licensee members.

W. Va. Code R. § 5-2-6 Dentist - Patient Relationship

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

Series 03 Fees Established by the Board

W. Va. Code R. § 5-3-1 General

1.1. Scope. - This legislative rule establishes fees for the Board of Dentistry.

1.2. Authority. - W. Va. Code §§30-1-6 and 30-4-6.

1.3. Filing Date. - May 9, 2022

1.4. Effective Date. - August 7, 2022

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

W. Va. Code R. § 5-3-2 Schedule of Fees for Dentists

2.1. Dental Licensure Application $167.00

2.2. Re-examination fee for Dentists (Law Exam)$18.00

2.3. Out of State Dentist - Dental Licensure Application$180.00

2.4. Dental Intern/Dental Residency Permit$180.00

2.5. Teaching Permit$180.00

2.6. Investigation of Qualification for Temporary, Dental Intern/Dental Residency or Teaching Permits$45.00

2.7. Annual Information & Renewal fee for a Dentist $167.00

W. Va. Code R. § 5-3-3 Schedule of fees for Specialty Licensure for Dentists

3.1. Dental Specialty Licensure Application$270.00

W. Va. Code R. § 5-3-4 Schedule of Fees for Hygienists

4.1. Dental Hygiene Licensure Application$68.00

4.2. Re-examination fee for Dental Hygienists (Law Exam)$18.00

4.3. Out of State Dental Hygienist - Dental Hygienist Licensure Application $90.00

4.4. Temporary Permit$90.00

4.5. Teaching Permit$90.00 5CSR3

4.6. Investigation of Qualification for Temporary, or Teaching Permits$45.00

4.7. Annual Information & Renewal fee for a Dental Hygienist $68.00

4.8. Annual Information & Renewal fee for a Dental Hygienists employed by a public health agency$59.00

4.9. Local Anesthesia Certificate Application fee$45.00

4.10. Nitrous Oxide Monitoring Certificate Application fee$45.00

4.11. Bleaching Certificate Application fee$23.00

4.12. General Supervision Application fee$90.00

4.13. Public Health Practice Application fee$23.00

4.14. Annual Renewal fee of Local Anesthesia Certificate$23.00

4.15. Annual Renewal fee of General Supervision Certificate$45.00

4.16. Annual Renewal fee of Public Health Practice Certificate$23.00

W. Va. Code R. § 5-3-5 Schedule of Fees for Dental Assistants

5.1. Nitrous Oxide Monitoring Certificate Application fee$23.00

5.2. Orthodontic and/or Restorative Expanded Duties Certificate Application fee $23.00

W. Va. Code R. § 5-3-6 Schedule of Fees for Dental Corporations

6.1. Application to Form a Dental Corporation$225.00

6.2. Annual renewal fee for a Dental Corporation$135.00

6.3. Authorization of a Name Change$23.00

W. Va. Code R. § 5-3-7 Schedule of fees for Anesthesia

7.1. Class Two Certification Application Fee$45.00

7.2. Class Two Certification Renewal Fee$14.00

7.3. Class Three or Four Permit Application Fee$810.00

7.4. Class Three or Four Permit Renewal Fee$270.00

7.5. Qualified Monitor Application Fee$45.00

7.6. Qualified Monitor Annual Renewal Fee$23.00

7.7. Facility Inspection$180.00 5CSR3

W. Va. Code R. § 5-3-8 Schedule of fees for Professional Limited Liability Companies

8.1. Application to Form a Dental Professional Limited Liability Company$225.00

8.2. Annual Renewal fee for a Professional Limited Liability Company$158.00

8.3. Authorization of a Name Change$23.00

W. Va. Code R. § 5-3-9 Schedule of fees for Mobile Dental Facilities and Portable Dental Units

9.1. Mobile Dental Facility Permit Application fee$1,350.00

9.2. Mobile Dental Facility Permit Application fee for Non-Profits$225.00

9.3. Mobile Dental Facility Permit Renewal fee$900.00

9.4. Mobile Dental Facility Permit Renewal Fee for Non-Profits$225.00

9.5. Portable Dental Unit Permit Application fee$450.00

9.6. Portable Dental Unit Permit Application fee for Non-Profits$45.00

9.7. Portable Dental Unit Permit Renewal fee$225.00

9.8. Portable Dental Unit Permit Renewal fee for Non-Profits$45.00

W. Va. Code R. § 5-3-10 Schedule for Miscellaneous Fees

10.1. Verification of Licensure to another State$23.00 (Charge for licensee)

10.2. Verification of Licensure (other entities)$23.00 per name

10.3. Course approval application fee$90.00

10.4. Duplicate renewal license$5.00

10.5. Duplicate wall certificate$10.00

10.6. Roster of Active Dental or Hygiene Licensees or Hygiene or Assistant Expanded Duties Certificate Holders$90.00 per list (paper, email or cd)

10.7. Roster of Active Dental or Hygiene Licensees or Hygiene or Assistant Expanded Duties Certificate Holders(labels)$180.00 per list

10.8. Roster of Active Dental or Hygiene Licensees or Hygiene or Assistant Expanded Duties Certificate Holders (one county, one dental specialty, etc.)$10.00 per list (paper, email or labels)

10.9. Miscellaneous Copies (first page)$3.00 5CSR3 additional pages$0.25

10.10. Retrieval Fee$25.00

W. Va. Code R. § 5-3-11 Late Renewal and Late Continuing Education Fees

11.1. Any Dental, Dental Specialty, Hygiene, Anesthesia, Corporation, PLLC, etc. that fail to renew by the specified renewal date, shall be assessed a penalty fee equal to the renewal fee, in addition to other conditions of renewal as set forth by statute or rule.

11.2. Any Licensee that fails to report their continuing education requirements as set forth by statute or

rule by the required reporting date shall be assessed a penalty fee equal the annual renewal fee of the licensee. §5-3.12. Returned Checks.

12.1. Returned Check Charge$25.00

12.2. Failure to replace renewal or application fees due to a returned check and pay the returned check charge shall constitute grounds for denial, revocation or suspension of a license.

W. Va. Code R. § 5-3-13 Non Refundable

13.1. All fees are non-refundable.

Series 04 Contested Case Hearing Procedures

W. Va. Code R. § 5-4-1 General

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

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

1.3. Filing Date. -- July 23, 2015

1.4. Effective Date. -- September 1, 2015

W. Va. Code R. § 5-4-2 Definitions

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

2.1. “Applicant” means any person making application for an original or renewal license and/or a permit pursuant to W. Va. Code §§30-4-1 et seq. and 30-4A-1 et seq.

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

2.3. “Demanding party” means an individual who has been denied a license and/or permit by the Board and who, as a result, demands that a hearing be held before the Board on the issue of the denial.

2.4. “Charged party” means an individual who holds a license and/or permit issued by the Board and who has been charged by the Board as described in Section 6.4 of this rule.

2.5. “License” means a license and/or permit issued by the Board pursuant to W. Va. Code §§30-4-1 et seq. and 30-4A-1 et seq.

2.6. "Licensee" means an individual who holds a license to practice issued by the Board.

2.7. “Permittee” is a person who holds a permit issued by the Board.

2.8. “Practice of dentistry” means the practice of dentistry as defined in W. Va. Code §30-4-23.

2.9. “Practice of dental hygiene” means the practice of dental hygiene as defined in W. Va. Code §30- 4-3.

W. Va. Code R. § 5-4-3 Conferences; Informal Disposition of Cases

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

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

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

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

3.2. The Board may require conferences to be held on its own motion or by the request of a party.

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

W. Va. Code R. § 5-4-4 Depositions

4.1. 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. § 5-4-5 Subpoenas

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

5.2. Written requests by a party for the issuance of subpoenas or subpoenas duces tecum as provided in subsection 5.1 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 duces tecum must have them properly served in accordance with W. Va. Code §29A-5-1(b)

W. Va. Code R. § 5-4-6 Hearing Procedure

6.1. Any applicant denied a license and/or permit or any licensee and/or permit holder who has had their license and/or permit suspended by the Board who believes the denial was in violation of W. Va.

Code §§30-1-1 et seq., 30-4-1 et seq. and/or 30-4A-1 et seq., is entitled to a hearing on the action denying or suspending such license and/or permit.

6.2. Any person who desires a hearing for the reason described in subsection 6.1 of this section must present a written demand for a hearing to the Board.

6.3. A hearing will be scheduled within sixty (60) days of receipt of the written demand. The hearing may be postponed to a later date by mutual agreement.

6.4. Charges may be instituted against any licensee or permittee by the Board when probable cause exists for believing that the licensee or permittee may have engaged in conduct, practices or acts in such condition that his or her license should be suspended, revoked or otherwise disciplined for one or more of the grounds set forth in W. Va. Code §§30-1-1 et seq., 30-4-1 et seq., 30-4A-1 et seq. or the Board's legislative rules. Charges may be based upon information received by way of a written complaint filed with the Board and any information gathered by the Board in the process of investigating a complaint.

Charges may also be based upon information obtained solely through investigative activities undertaken by the Board.

6.5. A complaint and notice of hearing containing the written charges filed against a licensee or permittee must be sent to the licensee or permittee at least 30 days prior to the date of the hearing.

6.5.1. The Board is designated as the “Complainant” in the complaint and notice of hearing.

6.5.2. The licensee or permittee is designated as the “Respondent” in the complaint and notice of hearing.

6.5.3. The complaint and notice of hearing must clearly state the substance of each offense, act or failure to act in sufficient detail to advise the Respondent of the charges or complaint against him or her.

This may include, but is not limited to, the time and place the act or failure to act occurred and the law or

rule that was violated.

6.5.4. The complaint and notice of hearing must give the date, time and place for the hearing.

6.6. Upon receipt of a demand for a hearing described in subsection 6.2 of this section, the chair or his or her designee shall provide the demanding party, with a Complaint and Notice of Hearing as set forth in subsection 6.5 of this rule.

6.7. Where a hearing is held upon demand under the provisions of subsections 6.1, 6.2, 6.3, and 6.6 of this section, the demanding party is required to present his or her evidence first. The Board may require the person demanding the hearing to give security for the costs of the hearing and if the demanding party does not substantially prevail, such costs may be assessed against them and may be collected in a civil action or by other proper remedy.

6.8. The Board may amend the charges set forth in a Complaint and Notice of Hearing as it deems proper with thirty (30) days notice.

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

6.10. 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 a license and/or permit shall be provided to the demanding or charged party or his or her counsel, at least ten (10) days prior to the hearing date.

6.11. Hearings shall be conducted as follows:

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

6.11.2. 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.

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

6.11.4. 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.

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

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

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

6.11.8. The hearing shall be conducted by a quorum of the Board. A hearing shall be held before the Board or its designee.

6.11.9. 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.

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

6.11.11. Where a hearing is held upon the instance of the Board after charges have been brought against a licensee pursuant to subsections 6.4 and 6.5 of this rule, the Board must present its evidence and/or testimony in support of the charges first.

6.11.12. Following the conclusion of the Board's presentation of evidence in accordance with subsection 6.11.11 of this section the Respondent or charged party has the right to submit his or her evidence in defense.

6.11.13. Following the conclusion of the demanding party's presentation of evidence in accordance with subsection 6.7 of this section, the Board has the right to offer its evidence in rebuttal.

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

6.11.15. All parties has the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation, unless otherwise lengthened by the Board.

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

6.11.17. 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 ten (10) days before the hearing date. In determining whether good cause exists, consideration will be given to the ability of the party requesting the continuance to proceed effectively without a continuance. A motion for a continuance filed less than ten (10) days from the hearing date may be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of hearing will be ruled on by the chair or executive secretary of the Board. All other motions for continuance will be ruled on by the Board or its designee presiding over the hearing.

6.11.18. All motions related to a case set for hearing before the Board, except motions for continuance and those made during the hearing, must be in writing and received in the office of the Board at least ten (10) days before the hearing. Prehearing motions will be heard at the hearing prior to the commencement of testimony. The Board member(s) presiding at the hearing will hear the motions and the response from the non-moving party and rule on the motions.

W. Va. Code R. § 5-4-7 Transcription of Testimony and Evidence

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

7.2. All reported materials will be transcribed. The Board has the responsibility to make arrangements for the transcription of the reported testimony and evidence.

7.3. Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the Board chair or presiding member will settle all differences arising as to whether the transcript truly discloses what occurred at the hearing and will require the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

7.4. A transcript of the hearing will 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 permit disciplinary matter.

W. Va. Code R. § 5-4-8 Submission of Proposed Findings of Fact and Conclusions of Law

8.1. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Board.

W. Va. Code R. § 5-4-9 Orders

9.1. Any final order entered by the Board following a hearing conducted pursuant to this rule must be made pursuant to the provisions of W. Va. Code §§29A-5-3 and 30-1-8. All final orders must be entered within sixty (60) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and must contain findings of fact and conclusions of law.

9.2. The findings of fact and conclusions of law must be approved by a majority of the Board either by a poll or vote at a regular meeting, before a final order is entered. A copy of the final order approved by a majority of the Board must be served upon the demanding or charged party and/or his or her attorney of record, if any, within ten (10) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 5-4-10 Appeal

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

Series 06 Formation and Approval of Dental Corporation and Dental Practice Ownership

W. Va. Code R. § 5-6-1 General

1.1. Scope. -- This legislative rule addresses procedures for the formation and approval of dental corporations for dentists and ownership of dental practices.

1.2. Authority. -- W. Va. Code §30-4-6.

1.3. Filing Date. -- May 2, 2022

1.4. Effective Date. -- July 1, 2022

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2032.

W. Va. Code R. § 5-6-2 Definitions

2.1. Dental Corporation - a company organized under W. Va. Code §30-4-16 for the purpose of rendering dental services.

2.2. Dental services. - The services rendered under W. Va. Code §30-4-1 et seq., by dentists.

2.3. Dentist - a person licensed to practice dentistry under this article.

W. Va. Code R. § 5-6-3 Procedures for Formation and Approval of Dental Corporations for Dentists; Fees

3.1. Dentists who desire to render dental services as a corporation shall comply with the provisions of W. Va. Code §30-4-1 et seq and apply to the Board for a certificate of authorization. A dental corporation may not have as a shareholder anyone other than a person who is duly licensed by the Board or otherwise legally authorized to render the dental services for which the corporation was organized.

3.2. The name of a dental corporation shall contain the words “corporation,” “professional corporation”, “company,” “incorporated,” or “limited” or an abbreviation of one of those words.

3.3. The name of a dental corporation shall comply with the rules concerning the practice of dentistry under a trade name.

3.4. Every corporation shall file with the Board, at the time of formation, the names of every shareholder of the corporation together with an initial filing fee as set forth in the Board’s rule, Fees Established by the Board, 5CSR3, and on an annual basis thereafter on or before the thirtieth day of June, every corporation shall file with the Board the names of every shareholder of the corporation together with an annual renewal fee as set forth in the Board’s rule, Fees Established by the Board, 5CSR3.

3.5. Every dental corporation shall file with the Board a copy of the annual report required to be filed with the Secretary of State under W. Va. Code §59-1-2a on or before the thirtieth day of June on an annual 5CSR6

basis.

3.6. Every dental corporation in compliance with all the provisions of this rule shall be approved by the Board.

3.7. If any person ceases to be a shareholder of any dental corporation, that person shall notify the Board in writing within twenty days from the date that he or she ceased to be a shareholder of the corporation. The fact that a person ceases to be a shareholder of a corporation may not affect the approval of the dental corporation by the Board, if the Board determines that the corporation remains in compliance with all the provision of this rule.

W. Va. Code R. § 5-6-4 Approval and Authorization of Change of Name

4.1. Any dental corporation seeking a name change shall submit a written request to the Board, along with the appropriate amending documents for approval, and appropriate fee as set forth by the Board's

rule, Fees Established by the Board, 5CSR3. Once approved the Board shall send an authorization for the name change to the Secretary of State.

W. Va. Code R. § 5-6-5 Notification of Non-compliance, Cessation of Rendering Dental Services

5.1. If the Board determines that a dental corporation is not in compliance with all the provisions of W. Va. Code §30-4-1 et. seq., and this rule, the Board shall notify the corporation in writing, and upon receipt of the written notice, the corporation shall cease rendering dental services in the State.

5.2. Once the Board determines a dental corporation is not in compliance and/or that its certificate of authorization is expired 60 days or more, the Board shall notify the Secretary of State that the corporation’s certificate of authorization is no longer valid.

5.3. A dental corporation whose certificate is expired for 60 days or more may submit an application to reinstate its certificate of authorization on an application prescribed by the Board. The fee shall be in the amount of the renewal fee plus any applicable late fees as set forth in the Board’s rule, Fees Established by the Board, 5CSR3.

5.4. The Board may approve an application to reinstate a certificate of authorization if the corporation comes into compliance with the Board’s statutes and rules and with the Secretary of State’s Office. The Board shall notify the Secretary of State of the reinstatement of a certificate of authorization.

5.5. If the dental corporation fails to adhere to the Board’s statutes and rules concerning dental corporations the Board may file a complaint and take possible disciplinary actions against the corporation and/or its licensee shareholders.

W. Va. Code R. § 5-6-6 Dentist - Patient Relationship

6.1. The provisions of this rule may not be construed to alter or affect the dentist - patient relationship.

W. Va. Code R. § 5-6-7 Dental Practice Ownership

7.1. Except for the following entities, only a dentist may own a dental practice in the State:

7.1.a. Health departments or clinics of the State or local government agencies;

7.1.b. Non-profit or charitable organizations;

5CSR6

7.1.c. Community health centers;

7.1.d. Hospitals; and

7.1.e. Institutions or programs accredited by the Commission on Dental Accreditation of the American Dental Association to provide education and training.

W. Va. Code R. § 5-6-8 Deceased or Incapacitated Dentists

8.1. In the event that a dentist is deceased or becomes incapacitated, the estate or agent of the dentist may employ another dentist or dentists, for a period not to exceed twenty-four months, to provide services to patients until the practice can be sold or otherwise disposed of or closed.

Series 08 Dental Advertising

W. Va. Code R. § 5-8-1 General

1.1. Scope. -- This rule regulates the advertising of the practice of dentistry.

1.2. Authority. -- W. Va. Code §30-4-6.

1.3. Filing Date. -- April 10, 2020

1.4. Effective Date. -- June 1, 2020

1.5. Sunset Date. -- This rule shall terminate and have no further force or effect on June 1, 2030.

W. Va. Code R. § 5-8-2 Definitions

2.1. As used in this rule, the following words and terms have the following meanings, unless the context clearly indicates otherwise:

2.1.a. “Board” means the West Virginia Board of Dentistry;

2.1.b. “Advertising” means any communication, whether oral or written, between a dentist or other entity acting on behalf of one or more dentists and the public. It includes, but is not limited to: business cards, signs, insignias, letterheads, internet communications, radio, television, newspaper and magazine ads, and display or group ads or listings in telephone directories.

W. Va. Code R. § 5-8-3 Dentists may advertise

3.1. Any advertising engaged in by a duly registered and currently licensed dentist in West Virginia shall be in compliance with the provisions set forth herein and W. Va. Code §30-4-1 et seq.

3.2. A duly registered and currently licensed dentist may not use or participate in the use of any advertising containing a false, fraudulent, misleading, deceptive or unfair statement or claim.

W. Va. Code R. § 5-8-4 Announcement of Services

4.1. Any announcement of services by a general practitioner shall state in a prominent manner that the dental practice is one of general dentistry.

4.2. The announcement of services of the general practice of dentistry shall be clearly legible, with print equal to or larger than the announcement of services, and clearly audible, with speech volume and pace equal to the announcement of services.

5CSR8

4.3. Any announcement or advertisement of sedation services, may only be allowed by a licensed dentist in compliance with the provisions of W. Va. Code §30-4A-1 et seq.

W. Va. Code R. § 5-8-5 Compliance

5.1. Any registered and currently licensed dentist in West Virginia failing to comply with the provisions of this article is subject to disciplinary action as provided in W. Va. Code §30-4-19.

Series 09 Application Procedures for Licensure or Certificate

W. Va. Code R. § 5-9-1 General

1.1. Scope. -- This rule establishes the procedures for licensure or permit for a dentist, dental specialist, dental hygienist and/or dental assistant.

1.2. Authority. -- W. Va. Code §30-4-6.

1.3. Filing Date. – July 21, 2026

1.4. Effective Date. – August 21, 2026

W. Va. Code R. § 5-9-2 Definitions

As used in this rule, the following words and terms have the following meanings, unless the context clearly indicates otherwise:

2.1. “Board” means the West Virginia Board of Dentistry;

2.2. “License” means a document issued by the board upon original licensure as a dentist, dental specialist or dental hygienist.

2.3. “Certificate” means a document issued by the board to a dental hygienist or dental assistant to perform expanded duties requiring a board approved course and examination.

2.4. “Dental Specialist” means a person issued a license to practice only one certain branch of dentistry.

2.5. “Special Volunteer License” means a licensed issued to a dentist or dental hygienist who renders services to indigent and needy patients of an organized clinic without any payment or compensation.

2.6. “Registration” means an authorization to practice dentistry or dental hygiene pursuant to §30-4-1 et seq. of the West Virginia Code, which authorization is limited to providing interstate telehealth services within the registrant’s scope of practice.

W. Va. Code R. § 5-9-3 Application for Licensure of a Dentist

3.1. Persons seeking licensure as a dentist shall submit an application to the Board prescribed by the Board.

3.2. Each applicant shall submit a fee for application as set forth in the Board’s fee schedule.

3.3. Each applicant shall submit evidence of graduation with a diploma from an approved dental college, school or dental department of a university. An official transcript bearing the school or registrar’s seal is required and must be sent directly from the college, university, or their transcript service to the Board’s office.

3.4. Each applicant shall submit evidence of the applicant’s successful completion of the examination administered by the Joint Commission on National Dental Examinations sent directly from the Commission to the Board’s office or released to the Board’s office staff on the exam portal.

3.5. Each applicant shall submit evidence of the applicant’s successful completion of an examination by a regional and/or state clinical board approved by the Board sent directly from the regional or state board to the Board’s office or released to the Board’s office staff on the exam portal.

3.6. Each applicant shall successfully complete the West Virginia Dental Law Examination.

3.7. Each applicant shall submit verification of good standing of all health care licenses ever held in any jurisdiction by way of a formal letter from each entity issuing said licenses bearing said entities official seal or stamp sent directly to the Board’s office. If a state confirms they no longer issue such letters, the Board’s office staff shall verify the license of the applicant on that state’s verification website.

3.8. Each applicant may be personally interviewed with the West Virginia Board of Dentistry and/or appointed person by the Board who is or are Board Members or past Board Members. Applicants who are or have been given the law exam in a mass examination at a dental school within the boundaries of the State of West Virginia are exempted from this requirement.

3.8.1. Applicants who are new graduates from the most recent graduating class shall be exempt from a personal interview.

3.8.2. The Board reserves the right to interview any applicant should there be cause due to answers given on their application or other information obtained by the Board.

3.9. If an applicant is not a citizen of the United States, the applicant shall provide a current copy of the immigration status document applicable to the applicant.

3.10. All applicants for an initial license to practice as a dentist in West Virginia shall request and submit to the Board the results of a state and a national criminal history record check.

W. Va. Code R. § 5-9-4 Application of Licensure of a Dental Hygienist

4.1. Persons seeking licensure as a dental hygienist shall submit an application to the Board prescribed by the Board.

4.2. Each applicant shall submit a fee for application as set forth in the Board’s fee schedule.

4.3. Each applicant shall submit evidence of graduation with a degree in dental hygiene from an approved dental hygiene program of a college, school or dental department of a university. An official transcript bearing the school or registrar’s seal is required and must be sent directly from the college, university, or their transcript service to the Board’s office.

4.4. Each applicant shall submit evidence of the applicant’s successful completion of the examination administered by the Joint Commission on National Dental Examinations sent directly from the Commission to the Board’s office or released to the Board’s office staff on the exam portal.

4.5. Each applicant shall submit evidence of the applicant’s successful completion of an examination by a regional and/or state clinical board approved by the Board sent directly from the regional or state board to the Board’s office or released to the Board’s office staff on the exam portal.

4.6. Each applicant shall successfully complete the West Virginia Dental Law Examination.

4.7. Each applicant shall submit verification of good standing of all health care licenses ever held in any jurisdiction by way of a formal letter from each entity issuing said licenses bearing said entities official seal or stamp sent directly to the Board’s office. If a state confirms they no longer issue such letters, the Board’s office staff shall verify the license of the applicant on that state’s verification website.

4.8. Each applicant may be personally interviewed with the West Virginia Board of Dentistry and/or appointed person by the Board who is or are Board Members or past Board Members. Applicants who are or have been given the law exam in a mass examination at a dental hygiene school within the boundaries of the State of West Virginia are exempted from this requirement.

4.8.1. Applicants who are new graduates from the most recent graduating class shall be exempt from a personal interview.

4.8.2. The Board reserves the right to interview any applicant should there be cause due to answers given on their application or other information obtained by the Board.

4.9. If an applicant is not a citizen of the United States, the applicant shall provide a current copy of the immigration status document applicable to the applicant.

4.10. All applicants for an initial license to practice as a dental hygienist in West Virginia shall request and submit to the Board the results of a state and a national criminal history record check.

W. Va. Code R. § 5-9-5 Application for Licensure as a Dental Specialist

5.1. Persons seeking licensure as a dental specialist must obtain a dental license before applying for a license as a dental specialist. However, an applicant may apply for a dental license and a specialty license simultaneously.

5.2. Persons seeking licensure as a dental specialist shall submit an application to the Board prescribed by the Board.

5.3. Each applicant shall submit a fee for application as set forth in the Board’s fee schedule.

5.4. Each applicant shall submit evidence of graduation of a board recognized specialty program accredited by the Commission on Dental Accreditation or its successor agency. A letter from the specialty program verifying the applicant’s diploma or official transcript bearing the program or registrar’s seal is required and must be sent directly from the program, college, university, or their transcript service to the Board’s office.

5.5. Each applicant shall submit verification of good standing of all health care licenses ever held in any jurisdiction by way of a formal letter from each entity issuing said licenses bearing said entities official seal or stamp sent directly to the Board’s office. If a state confirms they no longer issue such letters, the Board’s office staff shall verify the license of the applicant on that state’s verification website.

5.6. Each applicant for a specialty license shall be personally interviewed by the West Virginia Board of Dentistry and/or appointed person by the Board who is or are Board Members or past Board Members or an appointed member of the applicant’s specific specialty branch.

W. Va. Code R. § 5-9-6 Application for a Dental Intern or Resident Permit

6.1. Persons seeking a permit as a dental intern or resident shall submit an application to the Board prescribed by the Board.

6.2. Each applicant shall submit a fee for application as set forth in the Board’s fee schedule.

6.3. Each applicant shall submit evidence of graduation with a diploma from an approved dental college, school or dental department of a university. A copy of the applicant’s graduation transcript is required and must be sent to the Board’s office.

6.4. Each applicant shall submit evidence of the applicant’s successful completion of the examination administered by the Joint Commission on National Dental Examinations sent directly from the Commission to the Board’s office or released to the Board’s office staff on the exam portal.

6.5. Each applicant shall successfully complete the West Virginia Dental Law Examination.

6.6. Each applicant shall submit verification of good standing of all health care licenses ever held in any jurisdiction by way of a formal letter from each entity issuing said licenses bearing said entities official seal or stamp sent directly to the Board’s office. If a state confirms they no longer issue such letters, the Board’s office staff shall verify the license of the applicant on that state’s verification website.

6.7. Each applicant shall submit evidence of acceptance into an accredited internship or residency program of a hospital or dental school located within this State.

6.8. If an applicant is not a citizen of the United States, the applicant shall provide a current copy of the immigration status document applicable to the applicant.

6.9. Each applicant may be personally interviewed with the West Virginia Board of Dentistry and/or appointed person by the Board who is or are Board Members or past Board Members.

W. Va. Code R. § 5-9-7 Application for a Dental Teaching Permit

7.1. Persons seeking a dental teaching permit shall submit an application to the Board prescribed by the Board.

7.2. Each applicant shall submit a fee for application as set forth in the Board’s fee schedule.

7.3. Each applicant shall submit a letter verifying employment with a dental school or academic medical center and must be sent directly from to the Board’s office by the school or medical center.

7.4. Each applicant shall submit evidence of the applicant’s successful completion of the examination administered by the Joint Commission on National Dental Examinations sent directly from the Commission to the Board’s office or released to the Board’s office staff on the exam portal.

7.5. Each applicant shall successfully complete the West Virginia Dental Law Examination.

7.6. Each applicant shall submit verification of good standing of all health care licenses ever held in any jurisdiction by way of a formal letter from each entity issuing said licenses bearing said entities official seal or stamp sent directly to the Board’s office. If a state confirms they no longer issue such letters, the Board’s office staff shall verify the license of the applicant on that state’s verification website.

7.7. Each applicant may be personally interviewed with the West Virginia Board of Dentistry and/or appointed person by the Board who is or are Board Members or past Board Members.

W. Va. Code R. § 5-9-8 Application for a Dental Anesthesia Permit

8.1. Persons seeking a permit to induce dental anesthesia shall submit an application to the Board prescribed by the Board.

8.2. Each applicant shall submit a fee for application as set forth in the Board’s fee schedule.

8.3. Each applicant shall submit evidence of training in the administration of dental anesthesia for the class of anesthesia permit applied for as set forth in W.Va. Code §30-4A-1 et. seq. A letter from the training or specialty program verifying and detailing the applicants training is required and must be sent directly from the training program, college, university, or their transcript service to the Board’s office.

8.4. Each applicant shall submit current documentation showing successful completion of a Health Care Provider BLS/CPR course. Class 3 and 4 applicants shall submit current documentation showing successful completion of ACLS and/or PALS course if treating pediatric patients.

8.5. Each applicant, for a Class 3 or 4 permit, shall successfully complete an in-office evaluation and on-site inspection of facility, equipment, and auxiliary personnel conducted by the Subcommittee on Anesthesia as set forth in W.Va. Code §30-4a-1 et. seq.

W. Va. Code R. § 5-9-9 Application for a Qualified Monitor Certificate

9.1. Persons seeking a qualified monitor certificate shall submit an application to the Board prescribed by the Board.

9.2. Each applicant shall submit a fee for application as set forth in the Board’s fee schedule.

9.3. Each applicant shall submit evidence of training as set forth in the W.Va. Code of State Rules §5-12-1 et seq.

9.4. Each applicant shall submit current documentation showing successful completion of a Health Care Provider BLS/CPR course.

9.5. Each applicant for a Class 3 or 4 qualified monitor certificate shall submit current documentation of completion of an American Association of Oral and Maxillofacial Surgeons Anesthesia Assistant Certification or American Academy of Pediatric Dentistry Anesthesia Assistant Certification or an equivalent as determined by the Board or the Subcommittee on Anesthesia.

9.6. Each applicant shall obtain a certificate to monitor nitrous oxide from the Board unless nitrous oxide is not used in the office where the applicant will be a qualified monitor.

W. Va. Code R. § 5-9-10 Certificate to Perform Expanded Duties

10.1. Dental Hygienists or Dental Assistants seeking a certificate to perform expanded duties that require a board approved course and examination shall submit an application to the Board prescribed by the Board.

10.2. Each applicant shall submit a fee for application as set forth in the Board’s fee schedule.

10.3. Each applicant shall submit evidence of successful completion of a board approved.

10.4. Each applicant shall submit evidence of passage of a board approved examination by being attached to the appropriate section of the application or being sent directly by the examining entity to the Board’s office.

10.5. Each applicant for local anesthesia and/or nitrous oxide monitoring shall submit a copy of a current health care provider BLS/CPR card with their application.

W. Va. Code R. § 5-9-11 Special Volunteer Licenses; Transfer From Current Active License

11.1. Dentists and Dental Hygienists seeking a special volunteer license or to transfer a current active license to a special volunteer license shall submit an application to the Board prescribed by the Board.

11.2. Each applicant shall submit a copy of a current driver’s license or other state or federal identification.

11.3. Each applicant shall submit a copy of the required continuing education for special volunteer licensees.

11.3. Each applicant, if not a citizen of the United States, shall provide a current copy of the immigration status document applicable to the applicant.

11.4. Each applicant shall submit a copy of the written agreement with an organized clinic and a statement that the clinic will be providing the malpractice insurance required by law.

W. Va. Code R. § 5-9-12 Reinstatement of Expired License

12.1. Dentists and Dental Hygienists seeking reinstatement of licensure after one year of expiration, shall submit an application for reinstatement to the Board prescribed by the Board.

12.2. Each applicant shall submit an application fee equal to that of an initial application fee as set forth in the Board’s fee schedule.

12.3. Each applicant shall pay a portion or all of the renewal fees for the period of time during which their licensure lapsed.

12.4. Each applicant shall submit a verification of good standing of all health care licenses ever held in any jurisdiction by way of a formal letter from each entity issuing said licenses bearing said entities official seal or stamp sent directly to the Board’s office. If a state confirms they no longer issue such letters, the Board’s office staff shall verify the license of the applicant on that state’s verification website.

12.5. The Board may require applicants to be personally interviewed with the West Virginia Board of Dentistry and/or appointed person by the Board who is or are Board Members or past Board Members.

12.6. The Board may require successful completion of the West Virginia Dental Law Examination.

12.7. The Board, at its discretion, may require an applicant for reinstatement show proof of continuing education, be re-examined, evaluated or any other requirements necessary to ensure ability and competency to practice.

W. Va. Code R. § 5-9-13 Interstate Telehealth Registration

13.1. Persons seeking an Interstate Telehealth Registration shall submit an application to the Board prescribed by the Board.

13.2. Each applicant shall submit a fee for application as set forth in the Board’s fee schedule.

13.3. Each applicant shall submit evidence of graduation with a diploma from an approved dental college, school or dental department of a university.

13.4. Each applicant shall disclose all licenses they have ever held, whether currently active or inactive. The Board staff may verify the licenses of each applicant through direct verification data on a Board website.

13.5. Each applicant shall submit a copy of a current driver’s license or other state or federal identification.

13.6. If an applicant is not a citizen of the United States, the applicant shall provide a current copy of the immigration status document applicable to the applicant

W. Va. Code R. § 5-9-14 Application Expiration; Documentation Expiration

14.1. All applications referred to in this rule expire six months after the date of receipt of the application. However, an application may be held over six months for requirements due to Board actions.

14.2. Verification letters of good standing of health care licenses expire one year after the date of receipt of the letter, unless an online verification to verify the license remains in good standing can be obtained by the Board.

W. Va. Code R. § 5-9-15 Fee Exceptions

15.1. Fees shall be waived for those applicants that meet the requirements of certain individuals as set forth in §30-1-23 of the West Virginia Code.

W. Va. Code R. § 5-9-16 Compensation and Expenses

16.1. Board Members, appointed past Board Members or members of specialty branches may volunteer or may be paid and reimbursed expenses pursuant to §30-1-1 et seq. and §30-4-1 et seq. of the West Virginia Code.

Series 10 Practitioner Requirements for Accessing the West Virginia Controlled Substances Monitoring Program Database

W. Va. Code R. § 5-10-1 General

1.1. Scope. – This rule sets forth the requirements for licensees of the West Virginia Board of Dentistry regarding accessing the West Virginia Controlled Substance Monitoring Program database.

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

1.3. Filing date. – April 18, 2024

1.4. Effective date. – May 1, 2024

1.5. Sunset Provision - This rule shall terminate and have no further force or effect upon August 1, 2034.

W. Va. Code R. § 5-10-2 Definitions

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

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

2.1.b. “Authorized Agent” means an individual who is an employee of the practitioner permitted to have access to the CSMP repository and database who is specifically designated by the practitioner to access the database on his/her behalf.

2.1.c. “Benzodiazepine” means a class of controlled substance medications that produce sedation, induce sleep, relieve anxiety and prevent seizures and which are generally approved to treat anxiety disorder, insomnia, seizures, social phobia, and panic disorder.

2.1.d. “Board” means the West Virginia Board of Dentistry.

2.1.e. “Controlled substance” means a drug that is classified by federal or state law in Schedules I, II, III, IV, V as defined in W. Va. Code § 60A-2-204 through 212.

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

2.1.g. “DEA registration identification number” means the federal Drug Enforcement Administration registration identification number issued to a practitioner.

2.1.h. “Dispensing” means 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” means 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” means 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. These include, but are not limited to, codeine, morphine, hydromorphone, hydrocodone, oxycodone, methadone, and fentanyl.

2.1.k. “Patient” means 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” means a dentist licensed pursuant to the provisions of the West Virginia Dental Practice Act, W. Va. Code § 30-4-1 et seq. who possesses a valid DEA registration identification number.

2.1.m. “Providing” means prescribing, dispensing or administering medication.

2.1.n. “Terminal illness” means 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.

W. Va. Code R. § 5-10-3 Practitioner Requirements for Obtaining and Maintaining Access to the CSMP

3.1. Practitioners who prescribe or dispense Schedule II, III, IV or V controlled substances to West Virginia patients 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 within 30 days of reinstatement of licensure.

3.2. Licensees shall be required to certify compliance with the provisions of this section when renewing a license. The Board may conduct an audit to verify compliance therewith.

W. Va. Code R. § 5-10-4 General Rules for Practitioners for Patients Not Suffering from a Terminal Illness

4.1. The provisions of this section only apply to a practitioner’s prescribing, administering, or dispensing of Schedule II controlled substances, opioids, or benzodiazepines to a patient that the practitioner does not consider to be suffering from a terminal illness. 4.2 A practitioner shall apply for and receive capability to access the CSMP before providing a patient any Schedule II controlled substance, any opioid, or any benzodiazepine.

4.3. Before initially providing any Schedule II controlled substance, any opioid, or any benzodiazepine to a patient a current practitioner, or the practitioner’s authorized agent, shall 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 12 month period immediately preceding the current practitioner’s encounter with the patient.

4.4. The practitioner shall promptly document the initial CSMP data review in the patient’s medical record. Documentation must include the date the practitioner accessed the patient’s CSMP record, a dated copy of the CSMP report or a list of all controlled substances reported to the CSMP as dispensed to the patient within the preceding 12 months, and the practitioner’s rationale for providing the patient Schedule II controlled substance(s), Opioid(s), and/or benzodiazepine(s).

4.5. If a practitioner-patient relationship continues and the course of treatment includes the continued prescribing, dispensing or administering of any controlled substances, the practitioner shall access the CSMP 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 12 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 12 month immediately preceding the access shall be then promptly documented in the patient’s medical record, with rationale for continuing to provide controlled substance by the current practitioner, with a copy of the CSMP accessed report signed and dated by the current practitioner.

4.6. A practitioner may review a patient’s CSMP data more frequently than annually. However, a practitioner must document each CSMP data review in the patient medical record. Documentation must include the date the practitioner accessed the patient’s CSMP record, a dated copy of the CSMP report or a list of all controlled substances reported to the CSMP for the patient from any source other than the practitioner, and the practitioner’s rationale for discontinuing or continuing to provide controlled substances to the patient.

4.7. A practitioner who is providing a patient controlled substance medication shall review a patient’s CSMP data whenever the provider has a specific concern regarding controlled substance abuse, misuse, or diversion of controlled substances by the patient.

W. Va. Code R. § 5-10-5 Other legal authority

5.1. Practitioners must comply with all other applicable federal and state laws.

W. Va. Code R. § 5-10-6 Discipline and Administrative Penalties

6.1. A practitioner who fails to comply with this rule is subject to board disciplinary proceedings for failing to perform any statutory or legal obligation placed upon the practitioner and unprofessional, unethical, and dishonorable conduct, pursuant to W. Va. Code § 30-4-19 and/or rules of the Board.

6.2. A 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.

Series 11 Continuing Education Requirements

W. Va. Code R. § 5-11-1 General

1.1. Scope. This legislative rule establishes continuing education requirements for licensees or permittees regulated by the West Virginia Board of Dentistry.

1.2. Authority. -- W. Va. Code §30-4-6.

1.3. Effective Date. -- May 6, 2025

1.4. Filing Date. -- May 6, 2025

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2035.

W. Va. Code R. § 5-11-2 Definitions

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

2.2. “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.

2.3. “Drug diversion training and best practice prescribing of controlled substances training” means training which includes all of the following:

2.3.1. Drug diversion, including statistical information on prescription drug abuse and resulting deaths. Dentists practicing within West Virginia shall take a course that includes West Virginia statistics. Dentists practicing in other states may take a course that includes statistical information relative to the state they are practicing in;

2.3.2. Epidemiology of pain and misuse of opioids;

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

2.3.4. Identification of diversion and drug seeking tactics and behaviors;

2.3.5. Best practice methods for working with patients suspected of drug seeking behavior and diversion;

2.3.6. Compliance with controlled substances laws and rules; and

2.3.7. Registration with and use of the West Virginia Controlled Substances Monitoring Program established in W. Va. Code §60A-9-1 et seq.

2.4. “Opioid” means 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 on the central nervous system. These include, but are not limited to, codeine, morphine, hydromorphone, hydrocodone, oxycodone, methadone, and fentanyl.

2.5. “Study Club” means a group of at least 5 dentists or dental hygienists who do the following:

2.5.1. Organize for the purpose of scientific study;

2.5.2. Operate under the direction of elected officers;

2.5.3. Maintain written by-laws;

2.5.4. Conduct regular meetings; and

2.5.5. Maintain written attendance records of all meetings.

W. Va. Code R. § 5-11-3 Continuing education requirements

3.1. Hours Required Biennially.

3.1.1. Each licensed dentist shall complete biennially not less than 35 hours of continuing education.

3.1.2. Each licensed dental hygienist shall complete biennially not less than 20 hours of continuing education.

3.2. Initial Dental Licensees.

3.2.1. Each dental applicant upon initial licensure shall complete at least 3 hours of continuing education regarding drug diversion training and best practice prescribing of controlled substances training and training on prescribing and administration of an opioid antagonist within one year of receiving his or her initial dental license from the Board.

3.3. Approved Providers.

3.3.1. The Continuing Education course shall be offered by a Board approved provider. The course or program shall be designed to enhance the licensee's clinical knowledge and ability to treat dental patients.

3.3.2. The Board approves any course or program sponsored by the following providers, or their constituent or component organizations for credit:

3.3.2.a. An accredited dental or dental hygiene school;

3.3.2.b. The American Association of Dental Boards;

3.3.2.c. The American Dental Association or its constituent or component societies;

3.3.2.d. A National Dental Association;

3.3.2.e. The American Dental Hygienists' Association or its constituent or component societies;

3.3.2.f. A National Dental Hygiene Association;

3.3.2.g. The American Medical Association;

3.3.2.h. The American Hospital Association;

3.3.2.i. The American Red Cross;

3.3.2.j. The American Heart Association;

3.3.2.k. American Dental Association recognized specialty societies;

3.3.2.l. The Academy of General Dentistry or its component societies;

3.3.2.m. The Veteran's Administration;

3.3.2.n. The United States Uniformed Services;

3.3.2.o. The U. S. Department of Health and Human Services;

3.3.2.p. The W. Va. Department of Health and Human Resources;

3.3.2.q. The W. Va. Bureau for Public Health;

3.3.2.r. The W. Va. Dental Association;

3.3.2.s. The W. Va Pharmacists Association;

3.3.2.t. The W. Va. Dental Hygienists’ Association;

3.3.2.u. The W. Va. Dental Assistants’ Association;

3.3.2.v. Agencies of the United States Department of Justice; and

3.3.2.w. Study Clubs.

3.3.3. Providers not identified in subdivision 2 of this subsection may petition the Board for approval of continuing education. The Board may approve other sponsors of continuing education credits. The Board’s approval expires after two consecutive years and must be renewed. The course or program shall be designed to enhance the licensee's clinical knowledge and ability to treat dental patients.

3.3.4. Courses or programs that are not approved for continuing education credit for license renewal include, but are not limited to, those on the subjects of estate planning, money management, personal finance, personal business matters, cultural subjects, personal health and recreation, politics, memory training, and speed reading.

3.4. Record Keeping, Reporting, & Monitoring:

3.4.1. Each dentist and dental hygienist shall maintain accurate records relating to continuing education courses he or she has successfully completed.

3.4.2. The dentist and dental hygienist shall maintain the records and information pertaining to each year for a period of 6 years.

3.4.3. A licensee shall report all continuing education courses on the form provided by the Board.

3.4.4. The Board shall randomly audit the continuing education records maintained by each dentist and dental hygienist.

3.4.4.a. A licensee who fails to successfully complete an audit of continuing education records may be subject to disciplinary action, which may include but is not limited to, an immediate cease and desist from practice notice, notice of formal hearing and/or monetary assessments or fines.

3.4.4.b. The Board may allow a licensee who does not provide proof of completion of the appropriate number and type of continuing education courses to make up for the deficiency and may assess a late fee.

3.4.5. Each dentist and dental hygienist shall submit to the Board by February 1, 2026, and every two years thereafter documentation of satisfactory completion of the required hours of continuing education during the previous two years.

3.5. Criteria.

3.5.1. The Board shall not give continuing education credit for identical courses taken during the same continuing education reporting period.

3.5.2. The Board shall give one hour of credit for each hour of attendance and an hour of attendance is defined as 50 minutes.

3.5.3. At least 2 hours of continuing education shall be related to any one or combination of the following subjects during each continuing education reporting period:

3.5.3.a. drug diversion training;

3.5.3.b. oral effects of tobacco use; or

3.5.3.c. oral effects of substance abuse.

3.5.4. Licensed dentists and dental hygienists shall complete 2 hours of infection control training during each reporting period.

3.5.5. A current certification for a comprehensive basic life support course for a health care provider that includes: resuscitation on an adult, child, and infant; two-person rescuer; barrier mask or bag for ventilation; foreign body airway obstruction; and automated external defibrillation. The licensee shall obtain a CPR certificate through the American Heart Association health care provider course, the American Red Cross professional rescuer course, or an equivalent course. Certification is required each continuing education period, and the certification may be counted as continuing education credits.

3.5.6. The Board may not accept courses or re-certifications completed on the Internet for basic life support courses unless the course includes a skills examination with a certified instructor.

3.5.7. A licensee shall not use continuing education hours or other education requirements required by board consent decrees or orders to satisfy continuing education requirements for license renewal.

3.6. Continuing Education for Anesthesia Certificate Holders.

3.6.1. Class 2 anesthesia certificate holders shall complete at least 6 hours of continuing education credits and class 3 and class 4 anesthesia permit holders shall complete 16 hours of credits in one or more of the following areas:

3.6.1.a. oral or nitrous oxide sedation;

3.6.1.b. conscious sedation;

3.6.1.c. general anesthesia;

3.6.1.d. physical evaluation;

3.6.1.e. medical emergencies;

3.6.1.f. monitors and use of monitoring equipment;

3.6.1.g. pharmacology;

3.6.1.h. advanced cardiac life support, (maximum of 8 hours credit);

3.6.1.i. pediatric advanced life support (maximum of 8 hours credit); and

3.6.1.j. advanced trauma life support (maximum of 8 hours credit).

3.6.2. The Board may not accept courses or re-certifications completed on the Internet for basic life support courses unless the course includes a skills examination with a certified instructor.

3.6.3. The Board may not accept courses or re-certifications completed on the Internet for advanced cardiac life support, pediatric advanced life support or advanced trauma life support.

3.6.4. These continuing education credits earned will count for part of the 35 hours required for each biennial period.

3.7. Categories of Credit. The licensee may select areas of study within the following categories, not to exceed the maximum number of hours in each category.

3.7.1. Educational and scientific courses - 100% of the requirement may be obtained by Educational and scientific courses given by permanent or Board approved biennial sponsors.

3.7.2. Supervised self-instruction - 80% of the requirement may be obtained in this category. Supervised self-instruction shall include a testing mechanism supplied by a permanent or Board approved biennial sponsor. The licensee shall complete a test and demonstrate a level of comprehension before the Board will award credit. Tests shall be graded by the sponsor and results returned to the licensee. Supervised self-instruction includes, but is not limited to:

3.7.2.a. Graded audio/video courses;

3.7.2.b. Graded correspondence courses; and

3.7.2.c. Graded computer courses.

3.7.3. Non-supervised self-instruction - A maximum of 10% of the requirement may be obtained in the category. Non-supervised self-instruction includes, but is not limited to:

3.7.3.a. Home study - journals and publications;

3.7.3.b. Correspondence programs;

3.7.3.c. Educational television;

3.7.3.d. Audio/video programs;

3.7.3.e. Scientific exhibits; and

3.7.3.f. Study clubs other than biennial sponsors.

3.7.4. Scientific papers, publications, and scientific presentations - A maximum of 10% of the requirement may be obtained in the category of papers, publications, and scientific presentations; A maximum of 10% may also be obtained for original scientific papers authored by the licensee and published in a scientific professional journal, and the original presentation of papers, essays, or formal lectures to recognized groups of fellow professionals.

3.7.5. Teaching and research appointments - A maximum of 10% of the requirement may be obtained in this category. Licensees involved in teaching or research activities at an accredited dental or dental hygiene facility, dental assisting program, dental laboratory technology program, or a part time faculty or research appointment in such facility or program may also receive a maximum 10% of the requirement.

3.7.6. Original table clinics and scientific exhibits - A maximum of 10% of the requirement may be obtained in the category of original table clinics and scientific exhibits.

3.7.7. Course subjects on billing, office management, practice building, insurance reimbursement, communication skills, courses on how to use dental software, programs, and/or dental equipment are limited to a maximum of 10% of the requirement whether individually or in any combination.

3.7.8. The Board recognizes successful completion of the following written examinations, as may be administered by the following agencies or their successor agency, as satisfying the number of required hours of continuing education in the applicable reporting period:

3.7.8.a. The Commission on Dental Competency Assessments Dental Hygiene Examination (for hygienists only);

3.7.8.b. The Commission on Dental Competency Assessments Dental Examination;

3.7.8.c. Academy of General Dentistry's Fellowship Examination;

3.7.8.d. Examinations leading to recognized Specialty Boards' Diplomate status;

3.7.8.e. National Board - All parts, successfully completed;

3.7.8.f. Central Regional Dental Testing Service’s Written Examinations;

3.7.8.g. Southern Regional Testing Agency's Written Examinations;

3.7.8.h. Western Regional Examining Board's Written Examination; and

3.7.8.i. any other written exam approved by the Board.

3.7.9. Compliance: Compliance with this rule is required for all licensees seeking license renewal.

3.8. Dental Committee and Indigent Care Participation.

3.8.1. The Board recognizes those licensees that are serving, (as elected, or appointed members), on national, state and local dental, or dental hygiene boards, councils or committees and allows 1 hour of continuing education credit for every 4 hours of meeting time to those licensees. This amount cannot exceed more than 5 hours of the total biennial requirement for each classification of licensee.

3.8.2. Dentists may earn up to 8 hours and Dental Hygienists may earn up to 5 hours of continuing education credit requirements, per biennial period, for providing dental care to indigent patients. One-half hour credit is allowed for every hour of documented treatment.

3.9. Exemptions.

3.9.1. A licensee is exempt from continuing education requirements and is considered in compliance on the date of the end of the first continuing education reporting period following the licensees initial licensure.

3.9.2. A dentist who is a graduate student in an approved dental specialty program, dental internship or residency program, or related dental or medical degree program offered by an approved organization is not required to complete the continuing education requirements of this rule, but shall complete at least 3 hours of continuing education regarding drug diversion training and best practice prescribing of controlled substances training and training on prescribing and administration of an opioid antagonist pursuant to subdivision 3.5.4. of this rule and the healthcare provider/basic life support certification pursuant to 3.5.5. of this section.

3.9.3. A dental hygienist who is enrolled in an approved dental program is not required to complete the continuing education requirements of this rule, but shall complete the healthcare provider/basic life support certification pursuant to subdivision 3.5.5. of this section.

3.9.4. The board may excuse a licensee from all or any part of continuing education requirements due to unusual circumstance, emergency, or special hardship.

3.10. Penalties for Violation.

3.10.1. A licensee who has not fulfilled the continuing education requirements of the Board shall pay a penalty as set by the Board’s rule, Fees Established by the Board, 5CSR3 and has 3 months in which to satisfy the requirements. A licensee who fails to satisfy the requirements may be subject to disciplinary action, which may include but is not limited to, an immediate cease and desist from practice notice, notice of formal hearing and/or monetary assessments or fines.

3.10.2. A false statement on a renewal form or continuing education report form constitutes unprofessional conduct and may result in disciplinary action against the licensee as set forth in W. Va. Code §30-4-19.

W. Va. Code R. § 5-11-4 Special Volunteer License Continuing Education Requirements

4.1. A dentist or dental hygienist licensed as a volunteer shall complete continuing education biennially.

4.2. Approved Providers.

4.2.1. The Continuing Education course shall be offered by a Board approved provider.

4.2.2. The Board approves any course or program sponsored by the providers as set forth in subsection 3.3.2. of this rule.

4.3. Record Keeping, Reporting, & Monitoring:

4.3.1. A volunteer licensee shall maintain accurate records relating to continuing education courses he or she has successfully completed.

4.3.2. The volunteer licensee shall maintain the records and information pertaining to each year for a period of six (6) years.

4.3.3. A volunteer licensee shall report all continuing education courses on the form provided by the Board.

4.3.4. The Board shall randomly audit the continuing education records maintained by a volunteer licensee.

4.3.5. A volunteer licensee shall submit to the Board each reporting period documentation of satisfactory completion of the required hours of continuing education.

4.4. Criteria

4.4.1. The Board may not give continuing education credit for identical courses taken during the same continuing education reporting period.

4.4.2. A volunteer licensee shall have a minimum of 5 hours of continuing education, which shall include at least 2 hours related to infection control.

4.4.3. The volunteer licensee shall have a current certification for a comprehensive basic life support course for a health care provider that includes: resuscitation on an adult, child, and infant; two-person rescuer; barrier mask or bag for ventilation; foreign body airway obstruction; and automated external defibrillation. The volunteer licensee shall obtain a CPR certificate through the American Heart Association health care provider course, the American Red Cross professional rescuer course, or an equivalent course. Certification shall be required each continuing education period, and the certification may be counted as continuing education credits.

4.5. Categories of Credit. The volunteer licensee may select areas of study within the following categories, not to exceed the maximum number of hours in each category.

4.5.1. Educational and scientific courses - 100% of the requirement may be obtained by Educational and scientific courses given by permanent or Board-approved biennial sponsors.

4.5.2. Supervised self-instruction - 80% of the requirement may be obtained in this category. Supervised self-instruction shall include a testing mechanism supplied by a permanent or Board approved biennial sponsor. The licensee shall complete a test and demonstrate a level of comprehension before the Board may award credit. Tests shall be graded by the sponsor and results returned to the licensee. Supervised self-instruction includes, but is not limited to:

4.5.2.a. Graded audio/video courses;

4.5.2.b. Graded correspondence courses; and

4.5.2.c. Graded computer courses.

4.5.3. Compliance: Compliance with this rule is required for all volunteer licensees seeking license renewal.

4.6. Penalties for Violation.

4.6.1. A volunteer licensee who has not fulfilled the continuing education requirements of the Board has 3 months in which to satisfy the requirement. A volunteer licensee who fails to satisfy the requirements may be subject to disciplinary action, which may include but is not limited to, an immediate cease and desist from practice notice, notice of formal hearing and/or monetary assessments or fines.

4.6.2. A false statement on a renewal form or continuing education reporting form constitutes unprofessional conduct and may result in disciplinary action against the licensee as set forth in W. Va. Code §30-4-19.

W. Va. Code R. § 5-11-5 Teledentistry Registrant Continuing Education Requirements

5.1. A dentist registered to provide teledentistry services shall complete continuing education as required by the State her or she is licensed in.

5.2. A dental hygienist registered to provide teledentistry services shall complete continuing education as required by the State he or she is licensed in.

5.3. The Board may randomly audit the continuing education records maintained by a teledentistry registrant.

5.4. A false statement on a renewal form or continuing education reporting form constitutes unprofessional conduct and may result in disciplinary action against the registrant as set forth in W. Va. Code §30-4-19.

Series 12 Administration of Anesthesia by Dentists

W. Va. Code R. § 5-12-1 General

1.1. Scope. -- This legislative rule regulates the administration of anesthesia by dentists.

1.2. Authority. -- W. Va. Code §30-4-6.

1.3. Filing Date. – May 2, 2022

1.4. Effective Date. -- July 1, 2022

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2032.

W. Va. Code R. § 5-12-2 Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms have the meanings ascribed in this section.

2.1. “AAOMS” means the American Association of Oral and Maxillofacial Surgeons.

2.2. “AAPD” means the American Academy of Pediatric Dentistry.

2.3. "ACLS" means Advanced Cardiac Life Support.

2.4. "ADA" means the American Dental Association.

2.5. "AMA" means the American Medical Association.

2.6. "Anxiolysis/minimal sedation" or premedication for anxiety - means removing, eliminating or decreasing a patient’s anxiety by the use of a single anxiolytic or analgesia medication that is administered in an amount consistent with the manufacturer's current recommended dosage for the unsupervised treatment of anxiety, insomnia or pain, in conjunction with nitrous oxide and oxygen. This term does not include multiple dosing or exceeding current normal dosage limits set by the manufacturer for unsupervised use by the patient (at home), for the treatment of anxiety.

2.7. “ASA” means American Society of Anesthesiologists

2.8. "BLS" means Basic Life Support.

2.9. "Board" means West Virginia Board of Dentistry.

2.10. "Central Nervous System Anesthesia" means an induced controlled state of unconsciousness or depressed consciousness produced by a pharmacologic method.

2.11. Class 2 Permit means a licensed dentist is authorized to induce anxiolysis/minimal sedation.

2.12. Class 3 Permit means a licensed dentist is authorized to induce conscious sedation/moderate sedation as limited enteral (3a) and/or comprehensive parenteral (3b), and anxiolysis/minimal sedation.

2.13. Class 4 Permit means a licensed dentist is authorized to induce general anesthesia/deep conscious sedation, conscious sedation/moderate sedation, and anxiolysis/minimal sedation.

2.14. "Conscious sedation/moderate sedation" means an induced controlled state of depressed consciousness, produced through the administration of nitrous oxide and oxygen and/or the administration of other agents whether enteral or parenteral, in which the patient retains the ability to independently and continuously maintain an airway and to respond purposefully to physical stimulation and to verbal command.

2.15. "CPR" means Cardiopulmonary Resuscitation.

2.16. “CRNA” means Certified Registered Nurse Anesthetist.

2.17. “Dentist Anesthesiologist” means a dentist who is trained in the practice of anesthesiology and has completed an additional approved anesthesia education course; 2.18 “Dental Assistant”means a person qualified by education, training or experience who aids or assists a dentist in the delivery of patient care.

2.19. “Facility Permit” means a permit for a facility where sedation procedures are used that correspond with the level of anesthesia provided.

2.20. "General anesthesia/deep conscious sedation" means an induced controlled state of unconsciousness in which the patient experiences complete loss of protective reflexes, as evidenced by the inability to independently maintain an airway, the inability to respond purposefully to physical stimulation, or the inability to respond purposefully to verbal command. "Deep conscious sedation/general anesthesia" includes partial loss of protective reflexes and the patient retains the ability to independently and continuously maintain an airway.

2.21. "Health Care Provider BLS/CPR" means Health Care Provider Basic Life Support/Cardiopulmonary Resuscitation.

2.22. "Operating Team" means the dentists, physicians, certified registered nurse anesthetists, qualified monitors or dental assistants participating in a dental procedure in which levels of sedation are being administered.

2.23. "PALS" means Pediatric Advanced Life Support.

2.24. “Pediatric Patient” means an infant or child.

2.25. “Physician Anesthesiologist” means a physician, MD or DO, who is specialized in the practice of anesthesiology;

2.26. “Qualified Monitor” means an individual who by virtue of credentialing and/or training checks closely and documents the status of a patient undergoing anesthesia and observes utilized equipment;

2.27. “Qualified Monitor Certificate” certifies an individual is authorized to act as a qualified monitor during sedation procedures.

2.28. "Relative analgesia/minimal sedation" means an induced controlled state of minimally depressed consciousness, produced solely by the inhalation of a combination of nitrous oxide and oxygen, or single oral pre-medication without the addition of nitrous oxide and oxygen in which the patient retains the ability to independently and continuously maintain an airway and to respond purposefully to physical stimulation and to verbal command. Dosage of oral pre-medication is not to exceed the recommended dosage limits set by the manufacturer for the treatment of anxiety, insomnia or pain.

2.29. "Subcommittee" means West Virginia Board of Dentistry Subcommittee on Anesthesia.

W. Va. Code R. § 5-12-3 General Rules for Administering Dentist

3.1. Each dentist who wishes to administer anesthesia to patients shall be licensed to practice in the State of W. Va.

3.2. The licensed dentist shall apply to the Board for an anesthesia permit, on a form provided by the Board, and consent to an initial inspection and subsequent re-inspection of his or her facility. The application shall be accompanied by the appropriate permit fee, inspection fee, and/or renewal fee, no

part of which is refundable.

3.3. The licensed dentist shall maintain a facility in compliance with the applicable provisions of the level of anesthesia being administered.

3.4. The licensed dentist shall renew his or her permit to administer anesthesia annually.

W. Va. Code R. § 5-12-4 Education

4.1. A licensed dentist may apply to the Board for an anesthesia permit if the licensed dentist can satisfactorily prove to the Board of Dentistry that the dentist possesses a valid and current Health Care Provider BLS/CPR certification; and

4.1.1. To administer relative analgesia/minimal sedation, the dentist must also have completed a training course of instruction in the administration of relative analgesia either in dental school, through continuing education or as a postgraduate. A permit is not required for this level of sedation.

4.1.2. To induce anxiolysis/minimal sedation, the dentist must have completed a board approved course of at least six (6) hours didactic and clinical in either pre-doctoral dental school or postgraduate instruction.

4.1.3. To induce conscious sedation/moderate sedation, the dentist must hold a valid and current documentation showing successful completion of ACLS and/or PALS course if treating pediatric patients; as well as one of the following:

4.1.3.a. Certificate of completion of a comprehensive training program in conscious sedation/moderate sedation beyond the undergraduate dental curriculum that satisfies the requirements described in the ADA Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students and the ADA Guidelines for the Use of Sedation and General Anesthesia by Dentists at the time training was commenced;

4.1.3.b. Certificate of completion of an ADA accredited postdoctoral training program which affords comprehensive and appropriate training necessary to administer and manage conscious sedation/moderate sedation, commensurate with these guidelines; or 4.1.3.c.. In lieu of these requirements the board may accept evidence of equivalent training or experience in conscious sedation/moderate sedation anesthesia for Limited Enteral Permit as Class 3a or comprehensive Parenteral Permit as Class 3b.

4.1.4. To induce general anesthesia/deep conscious sedation, the dentist must hold valid and current documentation showing successful completion of ACLS and/or PALS course if treating pediatric patients; as well as one of the following:

4.1.4.a. Completion of an advanced training program in anesthesia and related subjects beyond the undergraduate dental curriculum that satisfies the requirements described in the ADA Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students and the ADA Guidelines for the Use of Sedation and General Anesthesia by Dentists at the time training was commenced;

4.1.4.b. Completion of an ADA or AMA accredited postdoctoral training program which affords comprehensive and appropriate training necessary to administer and manage general anesthesia/deep conscious sedation, commensurate with these guidelines;

4.1.4.c. In lieu of these requirements, the board may accept documented evidence of equivalent training or experience in general anesthesia/deep conscious sedation.

W. Va. Code R. § 5-12-5 Equipment and Emergency Drugs

5.1. Equipment used for the purposes stated in this rule shall be inspected, calibrated and certified as safe to use according to the manufacturer’s specifications and in compliance with applicable law.

5.2. The dentist’s facilities shall contain the following during all levels of sedation procedures and during recovery.

5.2.1. An operating room large enough to adequately accommodate the patient on an operating table or in an operating chair and to allow the operating team to freely move about the patient;

5.2.2. An operating table or chair which permits the patient to be positioned so the operating team can maintain the patient’s airway, quickly alter the patient’s position in an emergency, and provide a firm platform for the administration of basic life support;

5.2.3. A lighting system which permits evaluation of the patient’s skin and mucosal color and a backup lighting system of sufficient intensity to permit completion of any operation underway in the event of a power failure.

5.2.4. Suction equipment which permits aspiration of the oral and pharyngeal cavities;

5.2.5. An oxygen delivery system that will insure appropriate continuous oxygen delivery;

5.2.6. A nitrous oxide delivery system with a fail-safe mechanism that will insure appropriate continuous oxygen delivery and a scavenger system, if nitrous oxide is used;

5.2.7. A recovery area that has available oxygen, adequate lighting, suction and electrical outlets.

The recovery area may be the operating room;

5.2.8. Appropriate blood pressure monitoring and a pulse oximeter;

5.2.9. An emergency drug kit as developed, updated and published by the Board; and

5.2.10. An external defibrillator device for class 2, 3 and 4 levels of sedation.

5.2.11. All equipment and medication dosages shall be in accordance with the age, height and weight of the patient being treated.

5.2.12. Monitoring of breathing, respiration and airway management as described by the ADA Guidelines for the Use of Sedation and General Anesthesia by Dentists, ASA Standards, Guidelines and Statements for the practice of Anesthesiology, the AAOMS Office Anesthesia Evaluation Manual, or the AAPD Guideline for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures.

W. Va. Code R. § 5-12-6 Qualified Monitors

6.1. All individuals acting as a qualified monitor during sedation procedures shall apply to the Board for a qualified monitor certificate, on a form provided by the Board. The application shall be accompanied by the appropriate application fees and/or renewal fees, no part of which are refundable.

The certification shall be renewed annually. Qualified monitor certificates are to be posted in the facility and supporting documentation shall be available for inspection.

6.2. Qualified monitors shall complete the following educational or certification requirements:

6.2.1. Relative analgesia/minimal sedation - the qualified monitor shall possess a current health care provider BLS/CPR certification. A qualified monitor certification is not required for this level of sedation.

6.2.2. Anxiolysis/minimal sedation - the qualified monitor shall possess a current health care provider BLS/CPR certification.

6.2.3. Conscious sedation/moderate sedation as limited enteral (3a) or comprehensive parenteral (3b) - the qualified monitor shall possess a current health care provider BLS/CPR certification and have successfully completed an AAOMS or AAPD anesthesia assistants certification program or an equivalent.

6.2.4. General anesthesia/deep conscious sedation - the qualified monitor shall possess a current health care provider BLS/CPR certification and have successfully completed an AAOMS or AAPD anesthesia assistants certification program or an equivalent.

6.2.5. When monitoring a nitrous oxide unit, for all levels of sedation, including relative analgesia/minimal sedation, a monitor shall apply for a certificate to monitor nitrous oxide from the Board, on a form provided by the Board. The application shall be accompanied by the appropriate application fees, no part of which are refundable. Qualified monitors shall have received training and be competent in the recognition and treatment of medical emergencies, monitoring vital signs, the operation of nitrous oxide delivery systems and the use of the sphygmomanometer and stethoscope.

6.2.6. Registered Nurses, Licensed Practical Nurses, Paramedics, and Emergency Medical Technicians and those individuals qualified by ACLS or PALS shall maintain current certification, registration or licensure.

6.3. A licensed dentist acting as a dentist anesthesiologist with a permit to induce any level of anesthesia, who is only administering anesthesia during a dental procedure, may act as the qualified monitor without a qualified monitor certificate.

6.4. A licensed physician anesthesiologist or certified registered nurse anesthetist, who is only administering anesthesia during a dental procedure, may act as the qualified monitor without a qualified monitor certificate.

6.5. A licensed dentist inducing relative analgesia/minimal sedation, may act as the qualified monitor without a qualified monitor certificate.

W. Va. Code R. § 5-12-7 Continuous Monitoring

7.1. A patient undergoing any level of sedation shall be continually monitored until discharge criteria have been met.

W. Va. Code R. § 5-12-8 Inspection and/or Evaluation Failures

8.1. The Board shall notify, in writing, a dentist who fails an initial or subsequent inspection and/or evaluation for a Class 3 or 4 permit.

8.2. A dentist who has been notified of a failure from the Board shall not administer any level of sedation requiring a permit until he or she successfully completes inspection and evaluation. A dentist who administers such sedation after being notified of a failure is subject to disciplinary action pursuant to W. Va. Code §§ 30-4-19 and 30-4A-16.

8.3. A dentist who has received a notification of failure from the Board may, after 30 days of receipt of the notification, request in writing a new inspection and/or re-evaluation. The request for a reevaluation shall state specific grounds supporting it.

8.4. If the new inspection and/or reevaluation is granted by the Board, it shall be conducted by a different team of subcommittee members. The subcommittee team shall schedule the reevaluation within ninety days of receipt of the request and shall complete the evaluation within one hundred fifty days of receipt of the request.

8.5. A dentist who fails a reinspection and/or reevaluation for a Class 3 or 4 permit may not request another inspection and/or evaluation until after one year of receipt of the notification of the second failure. The dentist may not administer any level of sedation requiring a permit, as stated in subsection 8.2.

8.6. The Subcommittee may recommend that a dentist complete remedial training or continuing education prior to any future inspections and/or re-evaluations on a case by case basis.

8.7. Nothing in this section prohibits the Board from issuing a cease and desist order to a dentist applying for or holding a Class 3 or 4 permit from administering any level of sedation, permitted or otherwise.

W. Va. Code R. § 5-12-9 Change of Employment or Address; Change of or additional facilities

9.1. Every qualified monitor certified by the Board shall report a change of employment to the Board office within twenty-four hours. A monitor shall report a change of residence within thirty days.

9.2. Every class 2 anesthesia permit holder who desires to change or add a facility where anesthesia services are to be rendered shall report the same to the Board office, complete any necessary requirements, and receive authorization from the Board before administering anesthesia services in the new or additional facility.

9.3. Every class 3 or 4 anesthesia permit holder who desires to change or add a facility where anesthesia services are to be rendered shall report to the Board office in writing sixty days prior to the anticipated start date to allow the Board to schedule a facility inspection and upon successful inspection shall receive authorization from the Board before administering anesthesia services in the new or additional facility.

Series 14 Mobile Dental Facilities & Portable Dental Units

W. Va. Code R. § 5-14-1 General

1.1. Scope. This legislative rule regulates mobile dental facilities.

1.2. Authority. – W.Va. Code §30-4-6.

1.3. Effective Date. -- May 6, 2025

1.4. Filing Date. -- May 6, 2025

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2035.

W. Va. Code R. § 5-14-2 Definitions

2.1. Board - means West Virginia Board of Dentistry.

2.2. Dental Home - means a licensed primary dental care provider who has an ongoing relationship with a patient where comprehensive oral health care is continuously accessible, coordinated, family-centered and provided in compliance with the policies of the American Dental Association.

2.3. Mobile Dental Facility - means any self-contained facility in which dentistry or dental hygiene will be practiced which may be moved, towed, or transported from one location to another.

2.4. Operator - means a licensed dentist or an organization authorized by the Board to employ or contract with licensed dentists or dental hygienists to whom the permit is issued as provided by this rule.

2.5. Permit - means an authorization granted by the Board to operate a mobile dental facility or use a portable dental unit in the State of West Virginia.

2.6. Portable Dental Unit - means any non-facility in which dental equipment, utilized in the practice of dentistry, is transported to and utilized on a temporary basis at an out of office location, including but not limited to, patients’ homes, schools, nursing homes or other institutions.

2.7. Session - means a period of time during which personnel associated with a permitted facility or unit are available to provide dental services at a location.

W. Va. Code R. § 5-14-3 General Rules for Mobile Dental Facilities and Portable Dental Units

3.1. In order to operate a mobile dental facility or portable dental unit, an operator shall first obtain a permit issued by the Board.

W. Va. Code R. § 5-14-4 Application Requirement and Issuance of Permit

4.1. Before an operator operates a mobile dental facility or portable dental unit, the West Virginia Board of Dentistry shall issue a permit to an operator to operate a mobile dental facility or portable dental unit.

4.2. An application for a mobile dental facility or portable dental unit shall be submitted to the Board along with the appropriate fee as set forth by the Board’s fee schedule, 5CSR3.

4.3. Before issuing a permit to operate a mobile dental facility or portable dental unit, the Board shall determine that an operator meets all qualifications under this rule.

4.4. The initial application for a mobile dental facility or portable dental unit permit shall include:

4.4.1. The full name, an address of record that is not a PO Box, and telephone number of each dentist, dental hygienist, or operator who will operate a mobile dental facility or use a portable dental unit.

4.4.2. Proof of insurance from a licensed insurance carrier that the operator has in force at least one million dollars/three million dollars of general liability insurance, malpractice insurance or bond or the Federal/State non-profit equivalency. An operator shall maintain the insurance coverage at all times during which the operator holds a permit issued by the Board to operate a mobile dental facility or portable dental unit.

4.4.3. The physical address, mailing address, and official telephone number of record of the operator.

4.4.4. A copy of a written agreement for the emergency follow-up care for patients treated in the mobile dental facility or portable dental unit and such agreement must include identification of and arrangements for treatment in a dental office which is permanently established within a reasonable geographic area.

4.4.5. A statement that the mobile dental facility or portable dental unit has access to communication facilities which will enable dental personnel to contact assistance as needed in the event of an emergency.

4.4.6. A statement that all applicable federal, state, local laws, regulations and ordinances dealing with radiographic equipment, storage and use of flammable materials, acceptable sanitation and zoning standards along with the facility construction standards, including required or suitable access for disabled individuals are complied with.

4.4.7. A statement that the applicant possesses all applicable county and city licenses or permits to operate the mobile dental facility or portable dental unit.

4.4.8. A copy of a written policy concerning infection control procedures and how instruments are to be sterilized and transported, which must comply with the Centers for Disease Control’s recommendations for infection control practices for dentistry.

W. Va. Code R. § 5-14-5 Required Equipment

5.1. A mobile dental facility must include:

5.1.1. Dental treatment chair;

5.1.2. A dental light source;

5.1.3. When radiographs are to be made by the mobile dental facility a radiographic unit that is properly monitored by the proper authorized agency of the State of West Virginia;

5.1.4. A portable delivery system, or an integrated system if used in a mobile dental facility;

5.1.5. An evacuation unit suitable for the procedure being performed;

5.1.6. A list of appropriate and sufficient dental instruments including explorers and mouth mirrors, and infection control supplies, such as gloves, face masks, etc. that are on hand;

5.1.7. Ready access by a ramp or lift;

5.1.8. Covered, non-corrosive container for deposit of waste materials including biohazardous materials;

5.1.9. Automated external defibrillator and any emergency drug or equipment as adopted by guidelines of the Board and published on the Board’s website;

5.1.10. Smoke and carbon monoxide detectors.

5.2. A portable dental unit must include:

5.2.1. A portable delivery system, or an integrated system if used in a mobile dental facility;

5.2.2. An evacuation unit suitable for the procedure being performed;

5.2.3. A list of appropriate and sufficient dental instruments including explorers and mouth mirrors, and infection control supplies, such as gloves, face masks, etc. that are on hand;

5.2.4. Ready access by a ramp or lift;

5.2.5. Covered, non-corrosive container for deposit of waste materials including biohazardous materials;

5.2.6. Automated external defibrillator and any emergency drug or equipment as adopted by guidelines of the Board and published on the Board’s website;

W. Va. Code R. § 5-14-6 Operational Requirements

6.1. A permit holder is required to operate a permitted mobile dental facility or portable dental unit in compliance with all state laws and regulations. Further, all permit holders shall:

6.1.1. Notify the Board in writing with 30 days of a change of address, whether a physical or mailing address;

6.1.2. Prominently display all dental and dental hygienists licenses and/or current renewal certificates, mobile dental facility permit, portable dental unit permit, or duplicates thereof;

6.1.3. Maintain, in full compliance with all record-keeping requirements contained in these rules, all dental records and official records at the official address of record for the facility or unit;

6.1.4. Notify the Board in writing of a change in personnel listed as required by this rule within 30 days of any such change; and

6.1.5. Before utilizing a mobile dental facility or portable dental unit to provide treatment to a patient, arrange for:

6.1.5.a. Access to a properly functioning sterilization system;

6.1.5.b. Ready access to an adequate supply of potable water; and

6.1.5.c. Ready access to toilet facilities.

6.2. All written or printed materials available from or issued by the mobile dental facility or portable dental unit must contain the official address and phone number of record for the facility or unit.

6.3. A mobile dental facility or portable dental unit may operate only when all requirements described in these rules are being met.

6.4. All permits to operate a mobile dental facility or portable dental unit shall expire September 1 each year, or on the date when the permit holder is no longer associated with the facility or unit, whichever occurs first.

6.5. Upon cessation of operations by the mobile dental facility or portable dental unit, the permit holder shall notify the Board of the final disposition of patients records and charts.

6.6. A permit to operate a mobile dental facility or portable dental unit is not transferrable.

6.7. The Board may inspect a mobile dental facility or portable dental unit prior to issuance of a permit or anytime the Board deems necessary for protection of the public.

6.8. The Board may suspend or revoke a permit if upon investigation and after opportunity for a hearing, a determination is made of non-compliance with State, Federal laws, the Dental Practice Act or the rules of the Board.

W. Va. Code R. § 5-14-7 Informed Consent; Post Care Information

7.1. A licensee providing dental care at a mobile dental facility or through a portable dental unit shall not perform services on a minor or incapacitated person without the signed informed consent of a parent or guardian. The informed consent form must be obtained prior to any dental service in a mobile dental facility or through a portable dental unit. The informed consent form is required for the initial visit for diagnostic and preventative services. Consent for subsequent treatment may be written or verbal provided that the verbal consent is documented in the patient record.

7.2. The informed consent form shall include, at a minimum, the following information:

7.2.1. Name of the operator of the mobile dental facility or portable dental unit;

7.2.2. Permanent office address of the mobile dental facility or portable dental unit that is not a PO Box;

7.2.3. Telephone number and/or other emergency contact number where calls will be returned within 24 hours of being received;

7.2.4. Services to be provided;

7.2.5. Whether the prospective minor or incapacitated patient received dental care from a licensed dentist during the previous twelve months: Provided, That if the dental care was received from a mobile dental facility or through a portable dental unit, the name, address and telephone number of the mobile dental facility or portable dental unit’s dental home shall be documented: Provided further, the licensee shall contact such dental home to notify the dental home of the minor or incapacitated person’s interest in receiving the dental care at the mobile dental facility or through the portable dental unit. If the dental home confirms that an appointment for the minor or incapacitated individual is scheduled with the dental home, the licensee shall encourage the parent or guardian of the minor or incapacitated individual to seek care from the dental home; and

7.2.6. The informed consent form must be signed by the parent or legal guardian of the minor or incapacitated individual and shall document that the parent or legal guardian understands that the prospective patient may choose at any time to receive care from their dental home rather than from the mobile dental facility or portable dental unit.

7.3. A licensee providing dental care at a mobile dental facility or through a portable dental unit shall not perform services on an adult without first obtaining a signed informed consent form the prospective patient. The informed consent form shall document that the prospective patient understands that he or she may choose at any time to receive care from his or her dental home rather than at the mobile dental facility or through the portable dental unit, that the patient has elected to receive care at the mobile dental facility or through the portable dental unit, and that the mobile dental facility or portable dental unit is now the prospective patient’s dental home and will be responsible for post-op complications and general dental care.

7.4. Each person receiving dental care in a mobile dental facility or through a portable dental unit shall receive a copy of the informed consent form and an information sheet at the end of the visit.

7.5. The information sheet provided to the patient after dental care is rendered at a mobile dental facility or through a portable dental unit shall contain:

7.5.1. Name of the licensee(s) who provided service;

7.5.2. Telephone number and/or other emergency contact number where calls will be returned within 24 hours of being received;

7.5.3. Listing of treatment rendered including, when applicable, billing codes, fees and tooth numbers;

7.5.4. Description of treatment that is needed or recommended;

7.5.5. Referrals to specialists or other dentist if mobile facility or portable dental unit is unable to provide the necessary treatment; and

7.5.6. Consent form or a documented, verbal consent for additional treatment or altered treatment plan when applicable.

7.6. Any operator of a mobile dental facility or portable dental unit, or any licensee providing dental care at a mobile dental facility or through a portable dental unit, that accepts or treats a patient but does not refer patients for follow-up care when such follow-up care is clearly necessary, shall be considered to have abandoned the patient and will subject the operator, licensee, or both to disciplinary action by the Board.

7.7. Any operator or licensee working in a mobile dental facility or with a portable dental unit shall provide patient records and diagnostic quality radiographs to a subsequent treating dentist upon request or no later than 10 business days from the request.

W. Va. Code R. § 5-14-8 Permit to be Renewed Annually; Annual Report to be filed

8.1. On or before the first day of September of each year, operators holding a permit to operate mobile dental facility shall submit a renewal application along with a renewal fee as set forth by the Board’s fee schedule 5CSR3. The Board, at its discretion, may alter or eliminate the required fee based on a demonstration of hardship by the applicant.

8.2. On or before the first day of September of each year, operators holding a permit to operate a portable dental unit shall submit a renewal application along with a renewal fee as set forth by the Board’s fee schedule 5CSR3. The Board, at its discretion, may alter or eliminate the required fee based on a demonstration of hardship by the applicant.

8.3. An annual report shall be filed with the Board at the time of renewal each year. The annual report shall consist of a written report for the preceding year ending June 30 that details the location, including a street address, the dates of each session, the number of patients served, the types of dental procedures performed, and quantity of each service provided.

W. Va. Code R. § 5-14-9 Sale of Mobile Dental Facility or Portable Dental Unit

9.1. If a mobile dental facility or portable dental unit is sold, the current permit operator shall inform the Board by certified mail within ten days after the date of the sale is final.

W. Va. Code R. § 5-14-10 Cessation of Operation of a Mobile Dental Facility or Portable Dental Unit

10.1. An operator of a mobile dental facility or portable dental unit shall notify the Board at least thirty days before cessation of operations. Notification shall include without limitation:

10.1.1. The final day of operation of the mobile dental facility or portable dental unit; and

10.1.2. A description of the manner and procedure by which patients may obtain their records or transfer the records to another dental practice.

10.2. A copy of the notification shall be sent to all patients.

10.3. The operator shall take all necessary action to ensure that the patient records are available to the patient, a representative of the patient, or a subsequent treating dentist.

W. Va. Code R. § 5-14-11 Applicability

11.1. An operator, dentist or dental hygienist working or performing services at a mobile dental facility or through a portable dental unit is subject to this rule.

W. Va. Code R. § 5-14-12 Penalties

12.1. An operator, dentist or dental hygienist who violates this rule is subject to disciplinary actions as set forth in Chapter 30, Article 4, of the West Virginia Code.

Series 15 Dental Recovery Networks

W. Va. Code R. § 5-15-1 General

1.1. Scope. -- This rule provides for the Dental Recovery Network.

1.2. Authority. -- W. Va. Code §30-4-6.

1.3. Filing Date. – April 12, 2023

1.4. Effective Date. – April 15, 2023

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2033.

W. Va. Code R. § 5-15-2 Definitions

2.1. “Applicant” means a person applying to the Board for licensure as a dentist or dental hygienist.

2.2. “Committee” means the Board of Directors established to function as a supervisory and advisory body to the West Virginia Dental Recovery Network.

2.3. “Executive Director” means a person selected by the Committee to administer the WVDRN.

2.4. “Facility” means a residential or in-patient treatment hospital or institution, or partial hospital programming hospital or institution with a housing component, or an intensive outpatient programming hospital or institution, all of which have a specific program with expertise in treating healthcare professionals.

2.5. “Impairment” means mental illness, chemical dependency, physical illness, or any abnormal physical or mental condition of a dentist or dental hygienist which threatens a licensee or applicant or the safety of persons of whom are patients of the licensee.

2.6. “Investigation” means an effort to gather facts to form a conclusion as to whether impairment exists concerning a licensee or applicant who has been reported to the WVDRN as impaired or suspected to be impaired.

2.7. “Licensee” means a licensed dentist, or licensed dental hygienist.

2.8. “West Virginia Dental Recovery Network (WVDRN)” means the program established by agreements between the impaired dentist and/or hygienist peer review organizations and the Board of Dentistry.

2.9. “Self-Report” means a licensee or applicant who has presented to the WVDRN for treatment of impairment.

W. Va. Code R. § 5-15-3 Dental Recovery Network Agreements

3.1. Dental Recovery Network Agreements with the Board require the following:

3.1.a. Upon receiving information about possible impairment of a licensee or applicant from a person, the Executive Director shall contact the licensee or applicant to verify the information.

3.1.b. If it is determined there is sufficient reason for action, such as behavioral signs, documented evidence of impairment, and/or drug abuse or diversion, the Executive Director shall encourage the licensee or applicant to present himself or herself to a WVDRN approved evaluator’s office within seven days of initial contact for a complete substance abuse assessment.

3.1.b.1. If the licensee or applicant resists coming in for an assessment, the Executive Director shall pursue one repeat contact.

3.1.b.2. After two unsuccessful interventions within a period not to exceed 14 days, the Executive Director shall inform the licensee or applicant of the WVDRN’s intent to close the file and disclose all evidence of impairment allowed by law to the Board.

3.1.c. The evaluator shall conduct an in-person substance abuse evaluation to include among other things, a psychoactive substance use history, administration of a Substance Abuse Subtle Screening inventory (SASSI) or other diagnostic tool the evaluator deems necessary, and urinalysis utilizing a minimum of a 14-panel screen and Ethyl Glucuronide Test (ETG).

3.1.d. If a diagnosis of substance abuse or dependence as per the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association is made, the Executive Director shall arrange for further evaluation and treatment of the licensee or applicant to be conducted at a facility or by an individual approved by the WVDRN. If there is insufficient evidence to warrant a diagnosis of substance abuse or dependence, the Executive Director shall place the file in an inactive status, and destroy the file after five years.

3.1.e. The Executive Director shall draw up a final agreement or contract between the licensee or applicant and the WVDRN for the licensee or applicant to enter into a treatment or other appropriate program. The Executive Director shall work with the treatment provider to determine the guidelines of treatment and aftercare, and shall consult with the primary care giver on a regular basis;

3.1.f. The Executive Director shall collect appropriate paper work, as specified in the contract, regarding treatment progress, group therapy participation, urine and blood analysis, discharge summaries, or any other treatment documentation, including recommendations to return to practice if applicable;

3.1.g. The Executive Director shall assist the licensee or applicant in transition into the workplace by providing information if requested to the supervisors and co-workers regarding chemical dependency, relapse, and diversion; and

3.1.h. Upon the completion of treatment and rehabilitation, and the expiration of the recovery contract, the network shall conclude involvement with the licensee or applicant.

W. Va. Code R. § 5-15-4 Due Process

4.1. Any action taken pursuant to the WVDRN shall afford the licensee all due process rights enumerated in W. Va. Code §§29A-1-1 et. seq.

W. Va. Code R. § 5-15-5 Receipt and Use of Information of Suspected Impairment

5.1. Licensees, family members, and other persons may submit reports containing information concerning suspected impairment of a licensee or applicant to the WVDRN.

5.2. Upon receipt of information of a suspected impairment, the WVDRN shall initiate an investigation.

5.3. The WVDRN may conduct routine inquiries regarding suspected impairments.

5.4. The WVDRN may require a licensee or applicant suspected of impairment to submit to personal interviews before any person authorized by the WVDRN, including but not limited to evaluators or treatment centers.

W. Va. Code R. § 5-15-6 Intervention and Referral

6.1. When, following an investigation, the impairment of a licensee or applicant is confirmed, the Executive Director shall cause an intervention to be conducted using specialized techniques designed to assist the licensee or applicant in acknowledging responsibility for dealing with the impairment. The Executive Director shall then refer the licensee or applicant to an appropriate treatment source acceptable to the program.

6.2. The WVDRN shall decide the methods and objectives of interventions on a case-by-case basis.

6.3. The WVDRN shall arrange and conduct interventions as soon as possible.

6.4. The WVDRN shall evaluate treatment sources before making case referrals for treatment.

6.5. The WVDRN shall record intervention outcomes including treatment contracts that are elements of an intervention.

W. Va. Code R. § 5-15-7 Monitoring Treatment

7.1. The WVDRN shall monitor a treatment source receiving referrals from it as to the treatment source’s ability to provide:

7.1.a. adequate medical and non-medical staffing, facilities, and experience with health professional clients;

7.1.b. appropriate treatment;

7.1.c. affordable treatment; and

7.1.d. appropriate post-treatment support.

W. Va. Code R. § 5-15-8 Monitoring Rehabilitation and Performance

8.1. The WVDRN shall designate monitoring requirements for each licensee or applicant participating in the WVDRN. Licensees or applicants may be required to be tested regularly or randomly on demand of the WVDRN.

8.2. The WVDRN may require treatment sources to submit reports regarding a licensee’s or applicant’s rehabilitation and performance to the WVDRN.

8.3. The WVDRN may require impaired licensees or applicants to submit to periodic personal interviews before any person authorized by the WVDRN.

8.4. The WVDRN shall maintain appropriate case records regarding each licensee or applicant that is a participant.

W. Va. Code R. § 5-15-9 Monitoring Post-Treatment Support

9.1. Post-treatment support may include family counseling, advocacy and other services and programs considered appropriate to the licensee’s or applicant’s recovery.

9.2. The WVDRN shall monitor the post-treatment support of treatment sources on an ongoing

basis.

9.3. The WVDRN’s own post-treatment support shall be monitored by the WVDRN on an ongoing

basis.

W. Va. Code R. § 5-15-10 Reports of Cases of Impairment to the Board

10.1. A voluntary agreement entered into between the WVDRN and a licensee or applicant is not considered a disciplinary action or order by the Board, shall not be disclosed to the Board, and shall not be public information if:

10.1.a. The voluntary agreement is the result of the licensee or applicant by a self-report or voluntarily participating in the WVDRN;

10.1.b. The Board has not received nor filed any written complaints regarding the licensee or applicant relating to an alcohol, chemical dependency or major mental illness affecting the care and treatment of patients; and

10.1.c. The licensee or applicant is in compliance with the voluntary treatment program and the conditions and procedures to monitor compliance.

10.2. If a licensee or applicant enters into a voluntary agreement with the WVDRN, and then fails to comply with or fulfill the terms of said agreement, the Executive Director shall report the noncompliance to the Board within twenty-four hours, so the Board may determine whether to initiate disciplinary proceedings.

10.3. If the board has not instituted a disciplinary proceeding, any information received, maintained or developed by the WVDRN relating to the alcohol or chemical dependency impairment or mental impairment of a licensee or applicant and the voluntary agreement shall be confidential and not available for public information, discovery or court subpoena, nor for introduction into evidence in any medical professional liability action or other action for damages arising out of the provision of or failure to provide health care services.

10.4. In the event the WVDRN becomes aware that the licensee or applicant has diverted controlled substances to a person other than himself or herself, or the individual constitutes an immediate danger to the public or himself or herself, the WVDRN shall report this infraction to the Board. In this case, the licensee or applicant is not protected by the program’s confidentiality provisions or from disciplinary action by the Board.

W. Va. Code R. § 5-15-11 Periodic Reporting of Statistical Information

11.1. The WVDRN shall annually report to the Board comprehensive statistical reports concerning suspected impairments, impairments, self-referrals, post-treatment support and other significant demographic and substantive information collected through WVDRN operations. The WVDRN shall not disclose any personally identifiable information relating to any dentist or dental hygienist participating in a voluntary agreement as provided herein.

11.2. The WVDRN shall, on a quarterly basis, report on the status of licensees subject to monitoring by the WVDRN by Order of the Board.

W. Va. Code R. § 5-15-12 Confidentiality

12.1. All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the WVDRN, all communications to or from the WVDRN, and all proceedings, findings, and conclusions of the WVDRN, including those relating to intervention, treatment, or rehabilitation, that in any way pertain to or refer to a person participating in a dental recovery network are privileged and confidential.

12.2. All records and proceedings of the WVDRN that pertain or refer to a person participating in a dental recovery network shall be privileged and confidential, used by the program and its members only in the exercise of the proper function of the WVDRN, not be considered public records, and not be subject to court subpoena, discovery, or introduction as evidence in any civil, criminal, or administrative proceedings, except as provided in subsections 3.1.b.2. and 10.4. of this rule.

12.3. The WVDRN may only disclose the information relative to an impaired licensee or applicant if:

12.3.a. it is essential to disclose the information to a person or an organization needing the information in order to address the intervention, treatment, or rehabilitation needs of the impaired licensee or applicant and release by the licensee or applicant has been executed;

12.3.b. the release is authorized in writing by the impaired licensee or applicant; or

12.3.c. the WVDRN is required to make a report to the board pursuant to subsection 10.4. of this rule; or

12.3.d. disclosure is mandated by court order.

W. Va. Code R. § 5-15-13 Fees

13.1. The Board shall assess the following fees to be added to each licensure renewal application fee payable to the Board with any revenue generated by the assessment dedicated to the operation of the dental recovery network:

13.1.a. Dentist - $10 with each annual renewal;

13.1.b. Dental Hygienist - $5 with each annual renewal.

13.2. The DRN may assess costs to licensee or applicant participants for the administration, monitoring and costs of their treatment, as well as reimburse for random or regular drug testing.

Series 16 Teledentistry

W. Va. Code R. § 5-16-1 General

1.1. Scope. This rule regulates teledentistry and carries out the purposes and enforces the provisions of W. Va. Code§§30-1-1 et seq and 30-4-1 et seq which are applicable to the W. Va. Board of Dentistry.

1.2. Authority. -- W. Va. Code §§30-1-26.

1.3. Filing Date. -- May 3, 2022

1.4. Effective Date. – July 1, 2022

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

W. Va. Code R. § 5-16-2 Definitions

2.1. “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.

2.2. “Interstate telehealth registration or registration”means an authorization to practice as a dentist or dental hygienist for the limited purpose of providing interstate telehealth service within the registrant’s scope of practice.

2.3. "Interstate telehealth services" means the provision of telehealth services to a patient located in West Virginia by a registered dental professional located in any other state or commonwealth of the United States.

2.4. “Practitioner” means a registered or licensed dentist or dental hygienist for purposes of this

rule.

2.5. “Registration” means an authorization to practice dentistry or dental hygiene pursuant to §30-4- 1 et seq. of the West Virginia Code, which authorization is limited to providing interstate telehealth services within the registrant’s scope of practice.

2.6. "Registrant" means an individual who has been issued a registration from the Board.

2.7. “Store-and-forward technologies” means the asynchronous computer-based communication of medical data or images from an originating location to a dentist at another site for the purpose of diagnostic or therapeutic assistance

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

W. Va. Code R. § 5-16-3 Application for Registration and Annual Renewal

3.1. A dentist or dental hygienist desiring to provide teledentistry services in this state via interstate telehealth services, shall make application for a registration on a form prescribed by the Board located at www.wvdentalboard.org. A dentist or dental hygienist not licensed in West Virginia may only provide telehealth services pursuant to this rule if they are eligible for an interstate telehealth registration

3.2. A dentist or dental hygienist is eligible for an interstate telehealth registration issued by the Board if all of the following requirements are continuously met:

3.2.1. The dentist or dental hygienist holds a valid, active license to practice dentistry or dental hygiene issued by another state licensing authority or board;

3.2.2. The dentist or dental hygienist is licensed in good standing in all states in which the dentist or dental hygienist is licensed.

3.2.3. The dentist or dental hygienist is not the subject of an administrative complaint which is currently pending before another state licensing authority or board; and

3.2.4. The dentist or dental hygienist is not currently under investigation by another state licensing authority or board.

3.3. The application fee for registration shall be equal to an initial out-of-state dental or dental hygiene application fee as set forth in the Board’s rules, Fees Established by the Board, 5CSR3.

3.4. On or before the first day of February each year, every dentist or dental hygienist registered to practice teledentistry in this state, shall transmit to the director of the board upon a form prescribed by the board located at www.wvdentalboard.org, his or her signature, or electronic signature, post-office address, office address, serial number of his or her registration certificate, whether he or she has been engaged during the preceding year in the active and continuous practice of teledentistry, whether within or without this state, and any other information required by the board, together with a renewal application and renewal fee.

3.5. The renewal fee for a registrant shall be equal to the renewal fee of a dental or dental hygiene renewal fee as set forth in the Board’s rules, Fees Established by the Board, 5CSR3.

3.6. Upon receipt of the required information and the payment of the proper renewal fee, the board shall issue a renewal certificate authorizing the registrant to continue the practice of teledentistry in this state for a period of one year from the first day of February.

3.7. Upon failure of any registrant to submit the required information and pay the annual renewal fee as required by the first day of February, the board shall attempt to notify the registrant in writing by mailing to his or her address of record a notice of the expiration of his or her registration on the statutory date: Provided, that the Board’s failure to mail or receive the notice shall not affect the expiration of his or her registration.

3.8. A registration to practice teledentistry expires on the first day of February if the registrant fails to secure a current renewal certificate by that day. Any registrant whose registraton is expired by reason of the failure, neglect or refusal to secure the proper renewal certificate may have his or her registration reinstated by the board at any time within one year from the date of the expiration of the registration upon the payment of the proper renewal fee and a penalty fee as set forth in the Board’s rules, Fees Established by the Board, 5CSR3. If the registrant does not apply for renewal of his or her registration as required by this section within one year, that person shall, at the discretion of the board, file an application for reinstatement.

3.9. A registration with the Board does not authorize a dentist or dental hygienist to practice from a physical location within the State of West Virginia without first obtaining appropriate licensure.

W. Va. Code R. § 5-16-4 Delivery of Teledentistry

4.1. To deliver teledentistry services in this state, one must hold a current, valid dental or dental hygiene license or registration issued by the Board. The practice of dentistry occurs where the patient is located at the time teledentistry services are provided.

4.2. No person shall practice teledentistry unless a bona fide practitioner-patient relationship is established. A bona fide practitioner-patient relationship shall exist if the dentist has (i) obtained or caused to be obtained a health and dental history of the patient; (ii) performed or caused to be performed an appropriate examination of the patient, either physically, through use of instrumentation and diagnostic equipment by which digital scans, photographs, images, and dental records are able to be transmitted electronically, or through use of face-to-face interactive two-way real-time communications services or store-and-forward technologies; (iii) provided information to the patient about the services to be performed; (iv) initiated additional diagnostic tests or referrals as needed; or (v) through audio only calls or conversations that occur in real time. In cases in which a dentist is providing teledentistry, the examination required by clause (ii) shall not be required if the patient has been examined in person by a dentist licensed by the board within the twelve months prior to the initiation of teledentistry and the patient's dental records of such examination have been reviewed by the practitioner providing teledentistry.

4.3. No person shall deliver dental services in this state through teledentistry unless he or she has established written or electronic protocols for the practice of teledentistry that include (i) methods to ensure that patients are fully informed about services provided through the use of teledentistry, including obtaining informed consent; (ii) safeguards to ensure compliance with all state and federal laws and regulations related to the privacy of health information; (iii) documentation of all dental services provided to a patient through teledentistry, including the full name, address, telephone number, and state license number of the dentist providing such dental services; (iv) procedures for providing inperson services or for the referral of patients requiring dental services that cannot be provided by teledentistry to another licensed dentist who actually practices dentistry in an area the patient can readily access; and (v) provisions for the use of appropriate encryption when transmitting patient health information via teledentistry. A dentist who delivers dental services using teledentistry shall, upon request of the patient, provide health records to the patient or a dentist of record in a timely manner in accordance with applicable federal or state laws or regulations. All patients receiving dental services through teledentistry shall have the right to speak or communicate with the licensed dentist providing such services upon request.

4.4. Nothing in this section shall be construed to alter the scope of practice of any licensed dentist or dental hygienist or to authorize the delivery of health care services in a setting, or in a manner, not authorized by law. Licensees or registrants delivering teledentistry services in this State shall comply with all rules of professional conduct and state and federal statutes and regulations relevant to dentistry and dental hygiene. Teledentistry encounters shall be held to the same standard of care as a traditional inperson patient encounter.

4.5. A patient in this State may be treated via teledentistry by (i) a dentist licensed or registered by the Board; (ii) a dental hygienist who is licensed or registered by the Board and is either supervised by, and has delegated authority from, a dentist licensed or registered by the Board; or (iii) a dental hygienist who is licensed by the Board and holds a General Supervision or Public Health Practice Permit.

4.6. In providing teledentistry serivces, a licensee or registrant shall, to the extent possible:

4.6.1. Confirm the identity of the requesting patient;

4.6.2. Collect the patient’s health history;

4.6.3. Disclose the licensee’s or registrant’s identity, applicable credentials, and contact information including a current phone number; and

4.6.4. Obtain an appropriate informed consent from the requesting patient after disclosures have been made regarding the delivery models and treatment methods and limitations, to include any special informed consents regarding the use of teledentistry services. At a minimum, the informed consent shall inform the patient or legal guardian and document acknowledgment of the risk and limitations of:

4.6.4.a. The use of electronic and communications in the provision of care;

4.6.4.b. The potential for breach of confidentiality, or inadvertent access, of protected health information using electronic and digital communication in the provision of care;

4.6.4.c. The potential disruption of electronic and digital communication in the use of teledentistry;

4.6.4.d. The types of activities permitted using teledentistry services;

4.6.4.e. The patient or legal guardian’s understanding that it is the role of the licensee or registrant to determine whether the condition being diagnosed or treated is appropriate for a teledentistry encounter; and

4.6.4.f. A requirement for explicit patient or legal guardian consent to forward patientidentifiable information to a third party.

4.7. The licensee or registrant shall ensure that any electronic or digital communication used in the practice of teledentistry is secure to maintain confidentiality of the patient’s medical information as required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all other applicable laws, administrative regulations, and guidance. Confidentiality shall be maintained through appropriate processes, practices and technology, including the disposal of electronic and digital equipment and data.

4.8. Any dental record made through teledentistry shall be held to the same record retention standards as a record made through a traditional in-person dental encounter. An informed consent obtained in connection with teledentistry services shall be filed in the patient’s dental record. The patient record established during the use of teledentistry services shall be accessible to both the licensee or registrant and the patient or legal guardian, consistent with all established laws and administrative regulations governing patient healthcare records. The licensee shall document or record in the file:

4.8.1. The patient’s presenting problem;

4.8.2. The licensee’s or registrant’s chief concern;

4.8.3. The patient’s diagnosis;

4.8.4. The patient’s treatment plan; and

4.8.5. A description of all services provided by teledentistry.

4.9. The indication, appropriateness, and safety considerations for each prescription for medication, laboratory services, or dental laboratory services provided through the use of teledentistry services shall be evaluated by the licensee or registrant in accordance with applicable law and current standards of care, including those for appropriate documentation. A licensee’s or registrant’s use of teledentistry carries the same professional accountability as when a prescription is issued in connection with an inperson encounter. A licensee or registrant shall not prescribe schedule II drugs via teledentistry.

4.10. A licensee or registrant who provides teledentistry services in this State shall not:

4.10.1. Directly or indirectly engage in false, misleading, or deceptive advertising of teledentistry services;

4.10.2. Allow fee-splitting for the use of teledentistry services; or

4.10.3. Charge for a general consultation or giving advice without a definitive diagnosis.

W. Va. Code R. § 5-16-5 Complaints; investigations; due process procedure; grounds for disciplinary action

5.1. By registering to provide teledentistry services in this State via interstate telehealth services, a registrant is subject to:

5.1.1. The laws, rules, and regulations regarding the practice of dentistry and dental hygiene in this State, including the State judicial system and all professional conduct rules and standards contained within W. Va. Code § 30-4-1 et seq. and the rules promulgated thereunder; and

5.1.2. The jurisdiction of the Board, including but not limited to the Board's complaint, investigation, and hearing processes.

5.2. A registrant shall notify the Board within 30 days of any restrictions placed upon, or actions taken against, his or her license to practice in any other state or jurisdiction.