Chapter 30, Chapter 30

(a) The board may, in its discretion, perform the following functions and duties, depending on the financial resources available to the board: (1) Promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code to implement and effectuate the provisions o…

(a) All fees and other moneys collected by the board pursuant to the provisions of this article shall be deposited in an appropriated special revenue account designated the "board of examiners for licensed dietitians," which is hereby created in the State Treasury. (b) All expens…

(a) The board may issue a provisional permit to engage in practice as a licensed dietitian to any person who has not met the experience requirements set forth in this article upon the filing of an application and submission of evidence of successful completion of the education re…

(a) An applicant for a license to engage in practice as a licensed dietitian shall submit to the board written evidence, verified by oath, that he or she: (1) Complies with the code of ethics adopted by the board; (2) Has completed a major course of study in human nutrition, diet…

(a) The license of every person licensed under the provisions of this article shall be annually renewed except as otherwise provided by this section. At such times as the board, in its discretion, may determine, the board shall mail a renewal application to every person whose lic…

Each license or provisional permit issued by the board shall bear a serial number, the full name of the applicant, the date of expiration of any such license, or the date of issuance and expiration of any such provisional permit and the seal of the board, and shall be signed by t…

In order to protect the life, health and safety of the public, any person practicing or offering to practice as an acupuncturist is required to submit evidence that he or she is qualified to practice, and is licensed as provided in this article. After June 30, 1997, it shall be u…

(a) To qualify for a license, an applicant shall: (1) Be free of a felony conviction bearing a rational nexus to the profession pursuant to §30-1-24 of this code; (2) Be at least 18 years of age; (3) Demonstrate competence in performing acupuncture by meeting one of the following…

To apply for a license, an applicant shall: (a) Submit an application to the board on the form that the board requires; and (b) Pay to the board the application fee set by the board.

The board shall issue a license to any applicant who meets the requirements of this article and the rules adopted by the board pursuant to this article.

Except as otherwise provided in this article, a license authorizes the licensee to practice acupuncture while the license is effective.

(a) Terms of license and certificate: (1) The board shall provide for the term and renewal of licenses and certificates under this section; (2) The term of a license or certificate may not be more than three years; (3) A license or a certificate expires at the end of its term, un…

(a) The acupuncture board may by reciprocity license acupuncturists in this state who have been legally registered or licensed acupuncturists in another state: Provided, That the applicant for such licensure shall meet the requirements of the rules for reciprocity promulgated by …

(a) The board shall place a licensee on inactive status if the licensee submits to the board: (1) An application for inactive status on the form required by the board; and (2) The inactive status fee set by the board. (b) The board shall issue a license to an individual who is on…

(a) Unless the board agrees to accept the surrender of a license or certificate, a licensee or certificate holder may not surrender the license or certificate nor may the license or certificate lapse by operation of law while the licensee or certificate holder is under investigat…

The board, on the affirmative vote of a majority of its full authorized membership, may reprimand any licensee or certificate holder, place any licensee or certificate holder on probation, or suspend or revoke a license or certificate if the licensee or certificate holder: (1) Fr…

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

(a) Unless the context in which used clearly requires a different meaning, as used in this article: (1) "Acupuncture" means a form of health care, based on a theory of energetic physiology, that describes the interrelationship of the body organs or functions with an associated po…

There is hereby created a state board to be known and designated as the "West Virginia Acupuncture Board."

(a) The board shall consist of five members appointed by the Governor with the advise and consent of the Senate. (1) Three shall be licensed acupuncturists appointed from a list submitted as provided in subsection (c) of this section; (2) One shall be a member of the general publ…

From among its members, the board shall elect officers in a manner and for terms that the board determines.

(a) A majority of the full authorized membership of the board constitutes a quorum. (b) The board shall meet at least twice a year, at the times and places that it determines. (c) Each member of the board is entitled to reimbursement of travel and other necessary expenses actuall…

(a) The board may propose for promulgation legislative rules to carry out the provisions of this article in accordance with the provisions of §29A-3-1 et seq. of this code. (b) The board may adopt a code of ethics for licensure. (c) In addition to the powers set forth elsewhere i…

(a) There is hereby established an acupuncture board fund in the State Treasurer's office. (b) The board may set reasonable fees for the issuance and renewal of licenses and its other services. All funds to cover the compensation and expenses of the board members or staff shall b…

(a) Except as otherwise provided in this article, an individual shall be licensed or certified by the board before he or she may practice acupuncture or auricular acudetox in this state. (b) This section does not apply to: (1) An individual employed by the federal government as a…

To protect the health, safety and welfare of the public and to ensure standards of competency, it is necessary to require licensure of those engaged in the practice of massage therapy. After June 30, 1998, it shall be unlawful for any person not licensed under the provisions of t…

(a) After June 30, 1998, a person, corporation or association who is not licensed pursuant to the provisions of this article may not engage in the practice of massage therapy and may not use the initials LMT, C.M.T., or the words "licensed massage therapist," "masseur," or "masse…

Nothing in this article may be construed to prohibit or otherwise limit: (a) The practice of a profession by persons who are licensed, certified or registered under the laws of this state and who are performing services within their authorized scope of practice. Persons exempted …

(a) A place of business that is not a sole practitioner, that advertises or offers massage therapy or other massage services must be licensed by the board as a massage establishment as provided by §30-37-1 et seq. of this code. (b) A massage establishment shall employ or contract…

(a) The executive director of the board may issue an emergency order suspending the operation of a massage establishment if: (1) A law-enforcement agency provides notice to the board, that the law-enforcement agency is investigating the massage establishment for an offense pursua…

(a) "Board" means the West Virginia Massage Therapy Licensure Board. (b) "Massage therapist" means a person licensed to practice the health care service of massage therapy under this article who practices or administers massage therapy to a client of either gender for compensatio…

(a) The West Virginia massage therapy licensure board consists of five members who are appointed by the Governor with the advice and consent of the Senate. Three members of the board shall be massage therapists, one member of the board shall be an osteopathic physician or chiropr…

(a) A majority of the full authorized membership of the board constitutes a quorum. (b) The board shall meet at least twice a year, at the times and places that it determines. (c) The board shall annually elect a chairperson and a secretary/treasurer. (d) Each member of the board…

(a) There is hereby continued a massage therapy licensure board fund in the State Treasurer's office. (b) The board may set, by legislative rule, reasonable fees for the issuance or renewal of licenses and its other services. All funds to cover the compensation and expenses of th…

The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as are necessary to implement the provisions of this article, which shall include provisions regarding: (a) Licensure and continuing educa…

(a) The board shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code, establishing a procedure for licensing of massage therapists. License requirements shall include the following: (1) Completion of a program of massage education at a schoo…

(a) The board has the power and authority to enter into any court of this state having proper jurisdiction to seek an injunction against any person, corporation or association not in compliance with the provisions of this article, and is further empowered to enter into any court …

All proceedings for the revocation, suspension, or other disciplinary sanctions, or nonrenewal of licenses issued under the authority of this chapter shall be governed by the provisions of section eight, article one, chapter thirty of this code.

This article shall be known and may be cited as the "Unfair Real Estate Services Agreements Act".

(a) It is unlawful for any person, for compensation or valuable consideration, to prepare a valuation appraisal or a valuation appraisal report relating to real estate or real property in this state without first being licensed or certified as provided in this article. This secti…

(a) Commencing July 1, 2014, it is unlawful for any person or firm to perform or offer to perform appraisal management services, or act as an appraisal management company within this state without a registration issued by the West Virginia Real Estate Appraiser Licensing and Cert…

The fees assessed by the board, as established by legislative rule, shall include the annual fee for appraisal management companies and appraisal management companies that are subsidiaries of federally regulated financial institutions to be included in the national registry maint…

(a) Members of the board will be immune from individual civil liability for actions taken in good faith and without malice, within the scope of their duties as board members. (b) Any person licensed or certified by this board who reports or otherwise provides evidence of violatio…

(a) An individual who desires to engage in real estate appraisal activity in this state shall make application for a license, in writing, on a form as the board may prescribe. (b) To assist the board in determining whether grounds exist to deny the issuance of a license to an app…

(a) An appraisal management company shall have a designated controlling person who will ensure compliance with this article and will be the main contact for all communication between the board and the appraisal management company. (b) The controlling person shall: (1) Be of good …

(a) An appraisal management company may only remove an appraiser from an appraiser panel or refuse to assign appraisals to an appraiser after providing the appraiser 20 days" prior written notice stating the reasons for the removal or refusal and providing an opportunity for the …

(a) The following acts or omissions are grounds for disciplinary action, and the board may refuse to issue or renew a license or certification, or after issuance may suspend or revoke a license or certification or impose disciplinary sanctions for: (1) Procuring or attempting to …

(a) The board may, upon its own motion, and shall, upon the written complaint of any aggrieved person, cause an investigation to be made with respect to an alleged violation of this article or the rules of the board. (b) The board may revoke, suspend or refuse to renew the licens…

(a) Each appraisal management company shall: (1) Verify that an appraiser receiving work or being placed on an appraiser panel is: (A) Professionally and geographically competent; (B) Competent to perform the appraisal service being assigned to the appraiser; (C) Licensed or cert…

An appraisal management company commits unprofessional conduct if it: (1) Requires an appraiser to modify an aspect of an appraisal which modification is not related to substandard performance or noncompliance with the terms of a contract or agreement; (2) Requires an appraiser t…