Chapter 30, Chapter 30

(a) A professional licensee and certificate holder shall annually on or before January 1, renew his or her professional license or certificate by completing a form prescribed by the board, paying the renewal fee, and submitting any other information required by the board. (b) The…

(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system. (b) The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.…

(a) The board may issue a work permit to practice to an applicant who meets the following conditions: (1) Has graduated from a licensed school approved by the West Virginia Council for Community and Technical College Education (CCTCE), Department of Education in conjunction with …

(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) Prior to commencing studies in a licensed school, a student shall acquire a student registration issued by the board. (b) An applicant for a student registration shall present satisfactory evidence that he or she meets the following conditions: (1) Is enrolled as a student in…

(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 b…

(a) The board shall prescribe the form for a professional license and work and student permits, including a photograph, and may issue a duplicate license or permit upon payment of a fee. (b) Every professional licensee and work permitee shall display his or her license or permit …

(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 charter member states to determ…

(a) It is unlawful for a person to practice as a professional licensee, certificate holder or be a permitee or be a certified instructor while having an infectious, contagious or communicable disease. (b) The board may, with cause, require a professional licensee, permitee, certi…

(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 …

(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 licensed school may provide clinical instruction and theory instruction in separate locations. Any school authorized under this article cannot be established within the same physical structure as a salon, spa or similar business licensed under W. Va. Code §30-27-17.

(a) The board may issue a certificate to be an instructor in a school to an applicant who meets the following requirements: (1) Meets the educational requirements established by the board; (2) Has completed and passed a course in teaching techniques at a post-secondary educationa…

(a) Prior to opening a salon, any person, firm or corporation owning and/or operating a salon, and any person, firm or corporation practicing in a field authorized by this article, shall meet the following requirements to acquire a salon license to do business: (1) The salon has …

(a) Every mobile shop in this state offering services set forth in this article shall be operated under the supervision and management of a professional licensee or certificate holder licensed under this article. (b) Prior to opening a mobile shop, any person, firm, or corporatio…

(a) Every salon in this state offering the services set forth in this article shall be operated under the supervision and management of a professional licensee or certificate holder licensed under this article. (b) Any services set forth in this article may be conducted within th…

(a) Any professional licensee or certificate holder who elects to rent or lease a booth or chair from a licensed salon owner and/or operator must comply with the following to receive a registration from the board: (1) Register with the board; (2) Register with the state Tax Divis…

The practices licensed under the provisions of this article and the board of Barbers and Cosmetologists are subject to the provisions of article one of this chapter, the provisions of this article, and any rules promulgated hereunder.

As used in this compact, and except as otherwise provided, the following definitions shall govern the terms herein: "Active military member" means any person with full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve. …

(a) The board may upon its own motion based on credible information, and shall upon the written complaint of any person cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules of the board. (b) Upon …

(a) Hearings shall be governed by the provisions of section eight, article one of this chapter. (b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing. (c) If the hearing is conducted by an administrative law judge, at the conclusio…

Any licensee, permittee, registrant or certificate holder adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling …

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee, permitee, registrant or certificate holder has committed a criminal offense under this article, the board may bring its information to the attention of an a…

In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.

As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise: (a) “Aesthetics” or “esthetics” means any one or any combination of the following acts when done on the human body for compensation and not for the …

(a) To be eligible to join this compact, and to maintain eligibility as a member state, a state must: (1) License and regulate cosmetology; (2) Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state; (3) Require that lic…

(a) The West Virginia Board of Barbers and Cosmetologists is continued. The members of the board in office on July 1, 2016, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified. (b) The Go…

(a) To be eligible to apply to their home state’s state licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in their home state. (b) Upon the receipt of an applicati…

(a) The board has all the powers and duties set forth in this article, by rule, provided such rule does not contradict the provisions of this article and does not exceed the authorities granted in this article, in article one of this chapter and elsewhere in law. (b) The board sh…

(a) A licensee may hold a multistate license, issued by their home state, in only one member state at any given time. (b) If a licensee changes their home state by moving between two member states: (1) The licensee shall immediately apply for the reissuance of their multistate li…

(a) The West Virginia Board of Barbers and Cosmetologists may require state and national criminal history record checks for the purpose of issuing licenses. The West Virginia Board of Barbers and Cosmetologists may, to comply with the Interstate Cosmetology Licensure Compact, req…

The board shall propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including: (1) Standards and requirements for licenses, permits, certificates and registrations; (2) Procedur…

(a) Nothing in this compact, nor any rule or regulation of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of cosmetology in that state, where …

(a) A licensee’s home state shall have exclusive power to impose an adverse action against a licensee’s multistate license issued by the home state. (b) A home state may take adverse action on a multistate license based on the investigative information, current significant invest…

(a) All fees in effect on January 1, 2009, shall remain in effect until they are amended or repealed by legislative rule or statute. (b) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the stat…

Active military members, or their spouses, shall designate a home state where the individual has a current license to practice cosmetology in good standing. The individual may retain their home state designation during any period of service when that individual or their spouse is…

(a) An applicant for a professional license to practice as an aesthetician, barber, barber crossover, cosmetologist, hair stylist, cosmetologist crossover or nail technician shall present satisfactory evidence that he or she: (1) Is at least eighteen years of age; (2) Is of good …

(a) The board may establish an apprenticeship program to become a barber or cosmetologist. A barber or cosmetologist apprentice shall work at all times under the direct supervision of a licensed barber or cosmetologist and any permit issued by the board to work as a barber or cos…

(a) The board shall issue a certification to an applicant who obtains training at a licensed school or continuing education provider, in West Virginia, in the following area: Waxing Specialist. — An applicant for a waxing specialist shall present satisfactory evidence that he or …

(1) Holds a valid license or other authorization to practice in another state which was granted after completion of educational requirements required in another state; (2) Does not have charges pending against his or her valid license or other authorization to practice and has ne…

(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 Cosmetology Licensure Compact Commission. The commission is an instrumentality of the compact member state…

This article is known and may be cited as the "West Virginia Occupational Therapy Practice Act."

The purpose of this compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient or client is located at the time of the p…

(a) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (b) The commission shall promulgate reasonab…

To be eligible for a license to engage in the practice of occupational therapy, the applicant must: (1) Be of good moral character; (2) Have successfully completed the academic requirements of an educational program for Occupational Therapists or Occupational Therapy Assistants t…

(a) A person who has met the requirements of subsections (1), (2) and (3), section ten of this article, may make application for examination. (b) Each applicant for licensure shall be examined by written or computerized examination to test his or her knowledge of the basic and cl…

(a) Oversight. — (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purpose and intent. The provisions of this compact and the rules p…

(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation o…

(a) The board may issue a license to practice to any applicant who presents proof of current licensure as an occupational therapist or an occupational therapy assistant in another jurisdiction which requires standards for licensure considered by the board or by a board-approved c…

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the Uni…