Chapter 30, Chapter 30

(a) Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with §30-32A-3 of this code and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state v…

(a) The West Virginia Board of Examiners for Speech-Language Pathology and Audiology is continued. The members of the board in office on July 1, 2013, may, unless sooner removed, continue to serve until their respective terms expire or until their successors have been appointed a…

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home…

(a) The board has all the powers and duties set forth in this article, by legislative rule, in article one of this chapter and elsewhere in law. (b) The board shall: (1) Hold meetings and conduct hearings; (2) Establish requirements for licenses and registrations; (3) Establish p…

(a) In addition to the other powers conferred by state law, a remote state may, in accordance with existing state due process law: (1) Take adverse action against an audiologist’s or speech-language pathologist’s privilege to practice within that member state; and (2) Issue subpo…

(a) The board shall propose rules for legislative approval, in accordance with the provisions of §29A-3-1 et seq. of this code, to implement the provisions of this article, including: (1) Standards and requirements for licenses and registrations; (2) Requirements, qualifications …

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "Board of Examiners for Speech-Language Pathology and Audiology Fund", which is continued. The fund is used…

(a) The compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission: (1) The commission is an instrumentality of the compact states; (2) Venue is proper and judicial proceedings by or against the …

(a) To be eligible for licensure by the board as a speech-language pathologist, the applicant shall: (1) Make application to the board, upon a form prescribed by the board; (2) Pay to the board an application fee as established by the board; (3) Possess at least a master's degree…

(a) The commission shall provide for the development, maintenance, and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (b) Notwithstanding any other provision of s…

In order to protect the life, health and safety of the public, any person practicing or offering to practice as a licensed, certified or registered respiratory therapist is required to submit evidence that he or she is qualified to practice, and is licensed as provided in this ar…

(a) This compact shall be known and cited as the "Respiratory Care Interstate Compact." The purpose of this compact is to facilitate the interstate practice of respiratory therapy with the goal of improving public access to respiratory therapy services by providing respiratory th…

It shall be a misdemeanor for any person, including any corporation or association, to: (a) Sell or fraudulently obtain or furnish any respiratory care provider license or record or aid or abet therein; (b) Practice as a respiratory care provider under cover of any diploma, licen…

(a) Oversight. – (1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact. (2) Venue is proper and judicial proceedings by or against the commission shall be…

(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state. (1) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the first seven member states ("cha…

(a) After the establishment of the board of respiratory care, a license shall be issued to applicants who, on the effective date of this article, have passed the National Board of Respiratory Care, Inc., entry-level or registry examinations, or their equivalent as approved by the…

(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be c…

(a) A person holding a license to practice respiratory care as a respiratory therapist in this state who has successfully completed the entry level examination of the national board of respiratory care or any successor organization may use the title "licensed respiratory therapis…

The board may revoke, suspend or refuse to renew any license, or place on probation, or otherwise reprimand a licensee or permit holder, or deny a license to an applicant if it finds that the person: (a) Is guilty of fraud or deceit in procuring or attempting to procure a license…

(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact. (b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent o…

(a) Upon filing with the board a written complaint charging a person with being guilty of any of the acts described in section thirteen of this article, the administrative secretary or other authorized employee of the board shall provide a copy of the complaint or list of allegat…

(a) A person may not practice respiratory care or represent himself or herself to be a respiratory care practitioner unless he or she is licensed under this article except as otherwise provided by this article. (b) This article does not prohibit: (1) The practice of respiratory c…

Nothing in this article may be construed to permit the practice of medicine.

As used in this compact, unless the context requires otherwise, the following definitions shall apply: "Active military member" means any person with a full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve. "Adverse ac…

(a) "Board" means the West Virginia board for respiratory care; (b) "Formal training" means a supervised, structured educational activity that includes preclinical didactic and laboratory activities and clinical activities. The training must be approved by an accrediting agency r…

(a) In order to participate in this compact and thereafter continue as a member state, a member state shall: (1) Enact a compact that is not materially different from the model compact; (2) License respiratory therapists; (3) Participate in the commission’s data system; (4) Have …

(a) There is hereby created the West Virginia board of respiratory care. The board shall consist of seven members, appointed by the Governor with the advice and consent of the Senate, and shall consist of one lay citizen member; one practicing physician member currently licensed …

(a)(1) Hold and maintain an active home state license as a respiratory therapist; (2) Hold and maintain an active credential from the National Board for Respiratory Care (or its successor) that would qualify them for licensure in the remote state in which they are seeking the pri…

(a) The board shall meet at least twice a year and elect annually a chairperson and a vice chairperson from its members. The board may hold other meetings during the year as the chairperson or board deem necessary to transact its business. (b) A majority, including one officer, c…

The board shall: (a) Provide public notice to all state hospitals and to all persons currently practicing as respiratory care practitioners that a license shall be required to continue practicing as a respiratory care technician or respiratory therapist, after June 30, 1996; (b) …

(a) An active military member, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. (b) An active military member and…

(a) The board may: (1) Adopt rules pursuant to article three, chapter twenty-nine-a of this code, as may be necessary to enable it to effect the provisions of this article; (2) Employ such personnel as necessary to perform the functions of the board, including an administrative s…

(a) A member state in which a licensee is licensed shall have authority to impose adverse action against the license issued by that member state. (b) A member state may take adverse action based on significant investigative information of a remote state or the home state, so long…

(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including: (1) Standards and requirements for licensure and permits to practice respira…

(a) The West Virginia Board of Respiratory Care Practitioners may require state and national criminal history record checks for the purpose of issuing licenses. The West Virginia Board of Respiratory Care Practitioners shall require a new licensee to submit to a state and nationa…

(a) When the board finds that an applicant meets all of the requirements of this article for a license to engage in the practice of respiratory care, it shall forthwith issue to that person a license. Otherwise, the board shall deny the application. The application is to be submi…

(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the respiratory care interstate compact commission. The commission is an instrumentality of the compact member…

(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and the presence of significant investigative information. (b) Notwithstanding any other provision of…

(a) Upon payment of the proper fees, an applicant for a license to practice respiratory care shall submit to the board written evidence, verified by oath, that the applicant: (1) Has completed an approved respiratory care educational program; and (2) Passed a certification or reg…

(a) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is i…

(a) Subject to the provisions of subsection (d) of this section, the board may issue a temporary student permit to practice respiratory care for a period of up to six months to a student enrolled in a respiratory care educational program which is approved by the board if the stud…

(a) After June 30, 1997, anyone who represents or implies to the public by use of the title "dietitian" or "licensed dietitian" or any other title intended to convey the impression that he or she is authorized to practice dietetics in this state must be licensed pursuant to this …

(a) The board may at any time upon its own motion, and shall upon the verified written complaint of any person, conduct an investigation to determine whether there are grounds for denial, suspension or revocation of a license issued pursuant to the provisions of this article. (b)…

(a) Whenever the board denies an application for any original or renewal license or denies an application for a license or suspends or revokes any license, it shall make an interim order to that effect and serve a copy thereof on the applicant or licensee by certified mail, retur…

(a) Any applicant or licensee adversely affected by a decision of the board rendered after a hearing held pursuant to the provisions of section eleven of this article is entitled to judicial review thereof. All of the provisions of section four, article five, chapter twenty-nine-…

(a) Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article or any final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violati…

(a) It is a misdemeanor for any person, corporation or association to: (1) Sell, fraudulently obtain, furnish or assist in selling, fraudulently obtaining or furnishing any dietitian license or license record; (2) Engage in the practice as a licensed dietitian under cover of any …

As used in this article, the following terms have the meanings ascribed to them: (a) "Board" means the West Virginia board of licensed dietitians; (b) "Commission on dietetic registration" means the commission on dietetic registration that is a member of the national commission f…

(a) The primary scope of practice of licensed dietitians is the provision of medical nutrition therapy. Licensed dietitians may also perform other nutrition-related services to promote the general health, well-being and the prevention of chronic diseases or conditions. (b) Nothin…

(a) There is continued the West Virginia board of licensed dietitians. The board consists of five members who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall make appointments from a list of not less than eight names submit…