§ 30-10-1 . Unlawful acts.
§ 30-10-2 . Applicable law
§ 30-10-3 . Definitions
§ 30-10-4 . Board of Veterinary Medicine
§ 30-10-5 . Powers and duties of the board
§ 30-10-6 . Rule-making authority
§ 30-10-7 . Fees; special revenue account; administrative fines
§ 30-10-8 . Requirements for Veterinary License
§ 30-10-9 . Scope of Practice for a Licensed Veterinarian
§ 30-10-10 . Requirements for a registered veterinary technician
§ 30-10-11 . Scope of practice for registered veterinary technician
§ 30-10-12 . Requirements to be a certified animal euthanasia technician
§ 30-10-13 . Requirements for certified animal euthanasia technicians program
§ 30-10-14 . Scope of practice for an animal euthanasia technician
§ 30-10-15 . Renewal requirements
§ 30-10-16 . Temporary permits for a veterinarian
§ 30-10-17 . Exemptions from article
§ 30-10-18 . Display of license, permit, registration and certificate
§ 30-10-19 . Complaints; investigations; due process procedure; grounds for disciplinary action
§ 30-10-20 . Procedures for hearing; right of appeal
§ 30-10-21 . Judicial review; appeal to Supreme Court of Appeals
§ 30-10-22 . Criminal proceedings; penalties
§ 30-10-23 . Single act evidence of practice
§ 30-10-24. Telehealth practice
§§ 30-10A-1 to 30-10A-9. Repealed by Acts 2010, c. 153, eff. June 11, 2010
Chapter 30. Professions and Occupations. Article 10. Veterinarians
(a) It is unlawful for any person to practice or offer to practice veterinary medicine, veterinary technology or animal euthanasia in this state without a license, registration or certificate issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are a veterinarian, veterinary technician or animal euthanasia technician unless such person has been duly licensed, registered or certified under the provisions of this article.
(b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of veterinary medicine, veterinary technology or animal euthanasia, except through a licensee, registrant or certificate holder.
CREDIT(S)
Acts 1967, c. 154; Acts 2010, c. 153, eff. June 11, 2010.
The practice of veterinary medicine, veterinary technology and animal euthanasia, and the Board of Veterinary Medicine are subject to the provisions of article one of this chapter, the provisions of this article and the board's rules.
CREDIT(S)
Acts 1915, c. 33, § 1; Acts 1967, c. 154; Acts 1975, c. 183; Acts 2010, c. 153, eff. June 11, 2010.
Formerly Code 1923, c. 15D, § 30.
As used in this article, the following words and terms have the following meanings:
(a) “Animal” means any animal other than human, and the term includes fowl, birds, amphibians, fish, and reptiles, wild or domestic, living or dead.
(b) “Animal Control Facility” means a municipal or county operated humane society or animal shelter incorporated and organized under the laws of this state, or a humane society or an animal shelter classified as 501(c)(3) by the Internal Revenue Service, with at least one certified animal euthanasia technician.
(c) “Applicant” means a person making application for a license, certificate, registration or permit, under the provisions of this article.
(d) “Board” means the West Virginia Board of Veterinary Medicine.
(e) “Business entity” means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity performing veterinary medicine, veterinary technology or animal euthanasia.
(f) “Certificate” means an animal euthanasia technician certificate issued under the provisions of this article.
(g) “Certificate holder” means a person holding a certificate issued under the provisions of this article.
(h) “Certified animal euthanasia technician” means a person who is certified by the board to euthanize animals in accordance with the provisions of this article.
(i) “General Supervision” means the supervising veterinarian is in the building where the animal is being treated, has given instructions for treatment and is quickly and easily available.
(j) “Indirect supervision” means the performance of procedures on the orders of a supervising veterinarian.
(k) “License” means a veterinary medicine license issued under the provisions of this article.
(l) “Licensee” means a person holding a license issued under the provisions of this article.
(m) “Permit” means a temporary permit to practice veterinary medicine issued by the board.
(n) “Permittee” means a person holding a permit issued under the provisions of this article.
(o) “Practice of veterinary medicine” means to diagnose, treat, correct, change, relieve or prevent any disease, deformity, defect, injury, or other physical or mental condition, of any animal, or to prescribe for or to administer to any animal any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, or to render advice or any recommendation with respect to any of the foregoing.
(p) “Practice of veterinary technology” means the science and art of providing all aspects of professional medical care, services and treatment for animals with the exceptions of diagnosis, prognosis, surgery, prescription and application of any treatments, drugs, medications or appliances, where a valid veterinarian-client-patient relationship exists.
(q) “Registered veterinary technician” means a person who is duly registered to practice veterinary technology under the provisions of this article.
(r) “Registrant” means a person holding a registration issued under the provisions of this article.
(s) “Registration” means a veterinary technician registration issued under the provisions of this article.
(t) “Supervising veterinarian” means a veterinarian, licensed under this article, who assumes responsibility for the professional care given to an animal by a person authorized by this article to work under his or her general or indirect supervision.
(u) “Veterinarian” means a person who is licensed to practice veterinary medicine under the provisions of this article.
(v) “Veterinary assistant” means a person who has not met the requirements for becoming a registered veterinary technician. The duties and tasks of a veterinary assistant are instructed from and directly supervised by a licensed veterinarian, who is accountable for the veterinary assistant's actions. The supervising veterinarian is responsible for determining the ability and competence of the veterinary assistant to perform the directed task or procedure.
(w) “Veterinarian-client-patient relationship” means a relationship between a veterinarian, a client and a patient, and exists when:
(1) A veterinarian assumes responsibility for medical judgments regarding the health of an animal and the client who is the owner or other caretaker of the animal agrees to follow the veterinarian's instructions; or
(2) A veterinarian, through personal examination of an animal or a representative sample of a herd or flock, obtains sufficient information to make at least a general or preliminary diagnosis of the medical condition of the animal, herd or flock, which diagnosis is expanded through medically appropriate visits to the premises where the animal, herd or flock is kept.
CREDIT(S)
Acts 1915, c. 33, § 5; Acts 1967, c. 154; Acts 1986, c. 136; Acts 2010, c. 153, eff. June 11, 2010.
Formerly Code 1923, c. 15D, § 33.
§ 30-10-3a. Repealed by Acts 1967, c. 154
§ 30-10-4. Board of Veterinary Medicine
(a) The West Virginia Board of Veterinary Medicine is continued. The members of the board in office on July 1, 2010, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b) Prior to July 1, 2010, the Governor, by and with the advice and consent of the Senate, shall appoint:
(1) A registered veterinary technician for a term of five years; and
(2) A licensed veterinarian for a term of four years.
(c) Commencing July 1, 2010, the board shall consist of the following nine members, appointed by the Governor by and with the advice and consent of the Senate:
(1) Six members licensed to practice veterinary medicine in this state;
(2) One member registered to practice veterinary technology in this state; and
(3) Two citizen members, who are not licensed, registered, certified or permitted under the provisions of this article, and who do not perform any services related to the practice of the professions regulated under the provisions of this article.
(d) After the initial appointment term, the appointment term is five years. A member may not serve more than two consecutive terms. A member who has served two consecutive full terms may not be reappointed for at least one year after completion of his or her second full term. A member may continue to serve until his or her successor has been appointed and qualified.
(e) Each licensed or registered member of the board, at the time of his or her appointment, must have held a license or registration in this state for a period of not less than three years immediately preceding the appointment.
(f) Each member of the board must be a resident of this state during the appointment term.
(g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.
(h) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(i) A licensed or registered member of the board immediately and automatically forfeits membership to the board if his or her license or registration to practice is suspended or revoked.
(j) A member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.
(k) The board shall elect annually one of its members as chairperson and one member as secretary-treasurer who shall serve at the will and pleasure of the board.
(l) Each member of the board is entitled to receive compensation and expense reimbursement in accordance with article one of this chapter.
(m) A majority of the members of the board constitutes a quorum.
(n) A veterinary technician member may not be employed by a veterinarian on the board.
(o) The board shall hold at least one annual meeting. Other meetings shall be held at the call of the chairperson or upon the written request of three members, at the time and place as designated in the call or request.
(p) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
CREDIT(S)
Acts 1959, c. 129; Acts 1967, c. 154; Acts 1973, c. 103; Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-5. Powers and duties of the board
The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law, including:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Establish requirements for a license, permit, certificate and registration;
(3) Establish procedures for submitting, approving and rejecting applications for a license, permit, certificate and registration;
(4) Determine the qualifications of any applicant for a license, permit, certificate and registration;
(5) Establish the fees charged under the provisions of this article;
(6) Issue, renew, deny, suspend, revoke or reinstate a license, permit, certificate and registration;
(7) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license, certificate and registration;
(8) Determine the passing grade for the examinations;
(9) Contract with third parties to administer the examinations required under the provisions of this article;
(10) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;
(11) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees and contract with persons necessary to enforce the provisions of this article;
(12) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;
(13) Conduct disciplinary hearings of persons regulated by the board;
(14) Determine disciplinary action and issue orders;
(15) Institute appropriate legal action for the enforcement of the provisions of this article;
(16) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(17) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(18) Establish, by legislative rule, the continuing education requirements for licensees, permitees, certificate holders and registrants;
(19) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article;
(20) Sue and be sued in its official name as an agency of this state;
(21) Confer with the Attorney General or his or her assistant in connection with legal matters and questions; and
(22) Take all other actions necessary and proper to effectuate the purposes of this article.
CREDIT(S)
Acts 1967, c. 154; Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-6. Rule-making authority
(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 a license, permit, certificate and registration;
(2) Educational and experience requirements;
(3) Procedures for examinations and reexaminations;
(4) Requirements for third parties to prepare, administer or prepare and administer examinations and reexaminations;
(5) The passing grade on the examination;
(6) Standards for approval of courses;
(7) Establish a certified animal euthanasia technician's program;
(8) Procedures for the issuance and renewal of a license, permit, certificate and registration;
(9) A fee schedule;
(10) Continuing education requirements;
(11) Set standards for ethical conduct;
(12) Establish procedures and requirements for facility inspections;
(13) Clarify the veterinarian-client-patient relationship;
(14) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee, permittee, certificate holder or registrant;
(15) Requirements for a revoked license, permit, certificate and registration; and
(16) Any other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect on July 1, 2010, shall remain in effect until they are amended, modified, repealed or replaced.
CREDIT(S)
Acts 1915, c. 33, § 4; Acts 1959, c. 129; Acts 1967, c. 154; Acts 1972, c. 61; Acts 2010, c. 153, eff. June 11, 2010.
Formerly Code 1923, c. 15D, § 32.
§ 30-10-7. Fees; special revenue account; administrative fines
(a) All fees and other moneys, except fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the “Board of Veterinary Medicine Fund”, which fund is continued. The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. Any compensation or expense incurred under this article is not a charge against the General Revenue Fund.
(b) The board shall deposit any amounts received as administrative fines imposed pursuant to this article into the General Revenue Fund of the State Treasury.
CREDIT(S)
Acts 1915, c. 33, § 4; Acts 1959, c. 129; Acts 1967, c. 154; Acts 1973, c. 103; Acts 1986, c. 136; Acts 2010, c. 153, eff. June 11, 2010.
Formerly Code 1923, c. 15D, § 32.
§ 30-10-8. Requirements for Veterinary License
(a) To be eligible for a license to practice veterinary medicine under the provisions of this article, the applicant must:
(1) Be of good moral character;
(2)(A) Be a graduate of an accredited school approved by the board; or
(B) Be a graduate of a foreign veterinary school and hold a certificate of competence issued by a foreign veterinary graduate educational organization as approved by the board;
(3) Have passed the examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for employment in the United States;
(6) Not have been convicted of a crime involving moral turpitude;
(7) Not have been convicted of a felony under the laws of any jurisdiction within five years preceding the date of application for licensure which conviction remains unreversed; and
(8) Not have been convicted of a misdemeanor or a felony under the laws of any jurisdiction at any time if the offense for which the applicant was convicted related to the practice of veterinary medicine or animal abuse or neglect.
(b) A person seeking a license under the provisions of this article shall submit an application on a form prescribed by the board and pay all applicable fees.
(c) An applicant from another jurisdiction shall comply with all the requirements of this article.
(d) A license to practice veterinary medicine issued by the board prior to July 1, 2010, shall for all purposes be considered a license issued under this article and may be renewed under this article.
(e) An application for a license to practice veterinary medicine submitted to the board prior to July 1, 2010, shall be considered in conformity with the licensing provisions of this article and the rules promulgated thereunder in effect at the time of the submission of the application.
CREDIT(S)
Acts 1915, c. 33, § 3; Acts 1967, c. 154; Acts 2010, c. 153, eff. June 11, 2010.
Formerly Code 1923, c. 15D, § 31.
§ 30-10-9. Scope of Practice for a Licensed Veterinarian
A person licensed to practice veterinary medicine may do the following:
(a) Prescribe or administer any drug, medicine, treatment, method or practice for an animal.
(b) Perform any operation or manipulation on or apply any apparatus or appliance to an animal.
(c) Give instruction or demonstration for the cure, amelioration, correction or reduction or modification of an animal condition, disease, deformity, defect, wound or injury.
(d) Diagnose or prognosticate an animal condition, disease, deformity, defect, wound or injury for hire, fee, reward or compensation that is directly or indirectly promised, offered, expected, received or accepted.
(e) Prescribe or administer any legally authorized drug, medicine, treatment, method or practice, perform any operation or manipulation, or apply any apparatus or appliance for the cure, amelioration, correction or modification of an animal condition, disease, deformity, defect, wound or injury for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted.
CREDIT(S)
Acts 1967, c. 154; Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-10. Requirements for a registered veterinary technician
(a) To be eligible for a registration to practice veterinary technology under the provisions of this article, the applicant must:
(1) Be of good moral character;
(2) Have a degree in veterinary technology from an accredited school, approved by the board;
(3) Have passed the examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for employment in the United States;
(6) Not have been convicted of a crime involving moral turpitude;
(7) Not have been convicted of a felony under the laws of any jurisdiction within five years preceding the date of application for registration which conviction remains unreversed; and
(8) Not have been convicted of a misdemeanor or a felony under the laws of any jurisdiction at any time if the offense for which the applicant was convicted related to the practice of veterinary technology or animal abuse or neglect.
(b) A person seeking registration under the provisions of this article shall submit an application on a form prescribed by the board and pay all applicable fees.
(c) A person registered to practice veterinary technology issued by the board prior to July 1, 2010, shall for all purposes be considered registered under this article and may renew pursuant to the provisions of this article.
CREDIT(S)
Acts 1967, c. 154; Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-11. Scope of practice for registered veterinary technician
(a) A registered veterinary technician may do the following under general supervision:
(1) Administer anesthesia, including induction, intravenous sedation, and maintenance and recovery from anesthesia;
(2) Perform dental prophylaxis;
(3) Establish open airways;
(4) Administer resuscitative oxygen procedures;
(5) Administer resuscitative drugs, in the event of cardiac arrest;
(6) Administer immunizations that are not required by law to be administered by a licensed veterinarian;
(7) Prepare or supervise the preparation of patients for surgery;
(8) Assist the veterinarian in immunologic, diagnostic, medical, chemotherapeutic and surgical procedures; and
(9) Perform external suturing.
(b) A registered veterinary technician may do the following under either general or indirect supervision:
(1) Perform diagnostic imaging;
(2) Perform intravenous catheterization;
(3) Administer and apply medications and treatments by oral intramuscular, intravenous and subcutaneous routes;
(4) Apply bandages;
(5) Perform cardiac and respiratory monitoring;
(6) Perform appropriate procedures to control bleeding;
(7) Apply temporary splints or immobilizing bandages;
(8) Perform ear flushing;
(9) Collect specimens; and
(10) Perform laboratory procedures.
(c) A veterinary technician may, without supervision, use emergency treatment procedures when an animal has been placed in a life threatening condition and immediate treatment is necessary to sustain the animal's life. The registered veterinary technician shall immediately take steps to secure the general supervision of a veterinarian.
CREDIT(S)
Acts 1967, c. 154; Acts 1994, c. 129; Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-12. Requirements to be a certified animal euthanasia technician
(a) To be eligible to be a certified animal euthanasia technician a person must:
(1) Apply at least thirty days prior to the date the next written examinations are scheduled, using a form prescribed by the board;
(2) Have a high school diploma or GED;
(3) Pay application and examination fees;
(4) Complete the certified animal euthanasia technician's program established by the board;
(5) Pass the written and practical skills examinations;
(6) Pass the prescribed background check; and
(7) Complete all the other requirements established by the board.
(b) A certified animal euthanasia technician may practice animal euthanasia at a legally operated animal control facility.
(c) A person certified as an animal euthanasia technician by the board prior to July 1, 2010, shall for all purposes be considered certified under this article and may renew pursuant to the provisions of this article.
(d) A person certified by another state or jurisdiction with certification requirements equivalent to, or exceeding, the certification standards of this state may be issued a certification under this section upon the submission of a completed application and the appropriate fees, as established by the board in legislative rules.
Credits
Acts 1967, c. 154; Acts 1994, c. 129; Acts 2010, c. 153, eff. June 11, 2010; Acts 2018, c. 180, eff. June 8, 2018.
§ 30-10-13. Requirements for certified animal euthanasia technicians program
(a) The board shall create a certified animal euthanasia technician's program. The board shall design this program to teach applicants for certification record keeping and the legal, safety and practical information needed to become a certified animal euthanasia technician.
(b)(1) The board shall administer written examinations to an applicant for certification. The written examinations shall test the applicant's knowledge of the following:
(A) Animal restraint;
(B) Drug enforcement agency regulations;
(C) Record keeping requirements for controlled substances;
(D) Handling, inventory, security and proper storage of euthanasia drugs, solutions and syringes;
(E) The certification process;
(F) Legal requirements;
(G) Stress management;
(H) Approved animal euthanasia drug usage;
(I) Jurisprudence; and
(J) Other subject areas specified by the board in a legislative rule.
(2) The applicant shall pass the written examinations with a minimum correct score, as determined by the board, in order to be eligible to take the practical skills examination provided in subsection (c) of this section.
(c) In addition to the written examinations provided under subsection (b) of this section, the board shall administer a practical skills examination to an applicant who has successfully passed the written examinations. The board shall conduct the practical skills examination in a manner that tests an applicant's ability to properly restrain an animal, measure a correct dosage of euthanasia solution, locate an injection site and perform an injection. In order to pass the practical skills examination, an applicant shall exhibit to the board that he or she can locate an injection site and perform an injection and also perform euthanasia correctly and humanely.
(d) An applicant who successfully passes the written examinations and the practical skills examination required by this section shall sign a form authorizing the board to make inquiries through the United States Department of Justice, or any other legal jurisdiction or entity, for the purpose of determining the character and reputation of the applicant and other matters relating to the certification of the applicant.
CREDIT(S)
Acts 1967, c. 154; Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-14. Scope of practice for an animal euthanasia technician
(a) A certified animal euthanasia technician may euthanize animals assigned to the care of an animal control facility.
(b) A certified animal euthanasia technician shall practice euthanasia within the limitations imposed by this article and rules promulgated by the board under this article.
(c) A certified animal euthanasia technician may not practice or offer to practice his or her profession outside the direct authority of the animal control facility which employs him or her or otherwise contracts for his or her services.
(d) A certified animal euthanasia technician is not qualified and may not indicate that he or she is qualified to act in any capacity relative to animals beyond his or her specified and regulated authority to euthanize animals at the instruction of the animal control facility by which he or she is employed.
(e) Annually, before January 15, a certified animal euthanasia technician shall report to the board the number of animals euthanized at his or her facility during the previous calendar year.
CREDIT(S)
Acts 1967, c. 154; Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-15. Renewal requirements
(a) All persons regulated by the article shall annually or biennially before January 1, renew his or her license, registration or certification by completing a form prescribed by the board, paying all applicable fees and submitting any other information required by the board.
(b) At least thirty days prior to January 1, the board shall mail to every person regulated by the article an application for renewal.
(c) The board shall charge a fee for each renewal and a late fee for any renewal not properly completed and received with the appropriate fee by the due date.
(d) The board shall require as a condition of renewal that each licensee, registrant and certificate holder complete continuing education.
(e) The board may deny an application for renewal for any reason which would justify the denial of an original application.
(f) The board may authorize the waiving of the renewal fee of a licensed veterinarian or registered veterinarian technician during the period when he or she is on active duty with any branch of the armed services or the public health service of the United States or a declared emergency.
(g) After July 1, 2010, a previously certified animal euthanasia technician may renew his or her certification without having obtained a high school degree or GED.
CREDIT(S)
Acts 1967, c. 154; Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-16. Temporary permits for a veterinarian
(a) Upon completion of an application and payment of the applicable fees, the board may issue a temporary permit to a person to practice veterinary medicine in this state who has completed the educational requirements set out in this article, is waiting to take the state examination, and is working under a supervising veterinarian.
(b) The temporary permit is valid for a period not to exceed the next scheduled examination date first held following the issuance of the temporary permit and expires the day after the board gives written notice to the permitee of the results.
(c) A temporary permit may be revoked by a majority vote of the board without a hearing.
CREDIT(S)
Acts 1915, c. 33, § 10; Acts 1967, c. 154; Acts 2010, c. 153, eff. June 11, 2010.
Formerly Code 1923, c. 15D, § 36.
§ 30-10-17. Exemptions from article
The following persons are exempt from licensing under the provisions of this article:
(a) An employee of the federal government performing his or her official duties, as defined by the employing agency;
(b) A student of a veterinary school working under the direct supervision of a licensed veterinarian;
(c) A person advising with respect to or performing acts which the board has prescribed by legislative rule as accepted livestock management practices;
(d) The owner of an animal, the owner's employees, or persons assisting the owner without any fee or compensation, caring for and treating the animal, except where the ownership of the animal was transferred for the purpose of circumventing the provisions of this article;
(e) A member of the faculty of a veterinary school performing his or her regular duties and functions, including lecturing, giving instructions or demonstrations, at a veterinary school or in connection with a board approved continuing education course or seminar;
(f) A person selling or applying a pesticide, insecticide or herbicide;
(g) A person engaging in bona fide scientific research which reasonably requires experimentation involving animals;
(h) A person engaging in bona fide scientific research in consultation with a licensed veterinarian in this state;
(i) A person treating or relieving a living animal in the case of an emergency for no fee or other compensation;
(j) A person who disposes of the carcass of a dead animal; and
(k) Veterinary assistants acting under the general supervision of a licensed veterinarian.
CREDIT(S)
Acts 1967, c. 154; Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-18. Display of license, permit, registration and certificate
(a) The board shall prescribe the form for a license, permit, registration and certificate and may issue a duplicate upon payment of a fee.
(b) Any person regulated by this article shall conspicuously display his or her license, permit, registration or certification at his or her principal business location.
CREDIT(S)
Acts 1973, c. 103; Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-19. Complaints; investigations; due process procedure; grounds for disciplinary action
(a) The board may upon its own motion and shall upon the written complaint of any person or based upon the quarterly report from the Board of Pharmacy as required by § 60A-9-1 et seq. of this code cause an investigation to be made to determine whether grounds exist for disciplinary action under this article.
(b) Upon initiation or receipt of the complaint, the board shall provide a copy of the complaint to the licensee, permittee, registrant, or certificate holder.
(c) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee, permittee, registrant, or certificate holder has violated any provision of this article.
(d) Upon a finding that probable cause exists that the licensee, permittee, registrant, or certificate holder has violated this article, the board may enter into a consent decree or hold a hearing for the suspension or revocation of the license, permit, registration, or certificate or the imposition of sanctions against the licensee, permittee, registrant, or certificate holder. The hearing shall be held in accordance with the provisions of this article.
(e) Any member of the board or the executive director of the board may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by this article.
(f) Any member of the board or its executive director may sign a consent decree or other legal document on behalf of the board.
(g) The board may, after notice and opportunity for hearing, deny, refuse to renew, suspend, or revoke the license, permit, registration, or certificate of, impose probationary conditions upon or take disciplinary action against, any licensee, permittee, registrant, or certificate holder for any of the following reasons:
(1) Obtaining a license, permit, registration, or certificate by fraud, misrepresentation, or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral turpitude;
(3) Being guilty of unprofessional conduct;
(4) Intentional violation of this article or lawful order;
(5) Having had a license or other authorization to practice revoked or suspended, other disciplinary action taken, or an application for licensure or other authorization refused, revoked, or suspended by the proper authorities of another jurisdiction, irrespective of intervening appeals and stays; or
(6) Engaging in any act which has endangered or is likely to endanger the health, welfare, or safety of the public.
(h) For the purposes of § 30-10-19(g) of this code, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 a day per violation;
(4) Mandatory attendance at continuing education seminars or other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee, permittee, registrant, or certificate holder to report to the board for periodic interviews for a specified period of time; or
(7) Other corrective action considered by the board to be necessary to protect the public, including advising other parties whose legitimate interests may be at risk.
Credits
Acts 1973, c. 103; Acts 2010, c. 153, eff. June 11, 2010; Acts 2018, c. 46, eff. June 7, 2018.
§ 30-10-20. Procedures for hearing; right of appeal
(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, the administrative law judge shall prepare a proposed written order containing findings of fact and conclusions of law at the conclusion of a hearing. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee, permittee, registrant or certificate holder has violated this article, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
CREDIT(S)
Acts 2005, c. 224, eff. July 1, 2005; Acts 2007, c. 220, eff. March 7, 2007; Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-21. Judicial review; appeal to Supreme Court of Appeals
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 resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
CREDIT(S)
Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-22. Criminal proceedings; penalties
(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person has knowingly violated this article, the board may bring its information to the attention of an appropriate law-enforcement official who may cause criminal proceedings to be brought.
(b) Any person violating a provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.
CREDIT(S)
Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-23. Single act evidence of practice
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.
CREDIT(S)
Acts 2010, c. 153, eff. June 11, 2010.
§ 30-10-24. Telehealth practice
(a) For purposes of this section, these terms have the following meaning:
(1) “Interstate telehealth services” means the provision of telehealth services to a patient located in West Virginia by a registered veterinary care professional located in any other state or commonwealth of the United States.
(2) “Personal examination” is a face to face, in person, examination of the patient.
(3) “Registration” means an authorization to practice veterinary medicine in the State of West Virginia pursuant to § 30-10-1 et seq. of this code, which authorization is limited to providing interstate telehealth services within the registrant's scope of practice.
(4) “Registrant” means an individual who holds a valid registration with the board.
(5) “Telehealth services” means the use of synchronous or asynchronous telecommunications technology or audio only telephone calls by a veterinary care professional to provide veterinary care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; maintenance of medical data; patient and professional health-related education; public health services; and health administration. The term does not include internet questionnaires, email messages, or facsimile transmissions.
(6) Veterinary care professional means the official authorization by the board to engage in the practice of veterinary medicine.
(b) Telehealth Practice.
(1) The practice of veterinary medicine occurs where the patient is located at the time telehealth services are provided.
(2) To provide veterinary care in the State of West Virginia via interstate telehealth services, an individual not otherwise licensed by the board must first apply for and obtain registration with the board using the application materials provided by the board and paying a fee of $300.
(3) To obtain registration with the board, an individual must be a licensed veterinarian in good standing in all other states in which he or she is licensed and not currently under investigation or subject to an administrative complaint.
(4) A registration with the board is subject to annual renewal on or before December 31 including, but not limited to, the renewal fee of $250 and the submission of at least three patient records of West Virginia patients, if applicable.
(5) A veterinarian-client-patient relationship is required for providing veterinary care in the State of West Virginia via telehealth services. The veterinary care professional shall perform an in person exam within the 12 months prior, and at least every 12 months thereafter, or the telehealth service shall no longer be available to the patient. Such relationship exists when:
(A) A veterinarian assumes responsibility for medical judgments regarding the health of an animal and the client who is the owner or owner's advocate of the animal consents to the veterinarian's treatment plan; and
(B) A veterinarian, through personal examination of an animal or a representative sample of a herd or flock, obtains sufficient information to make at least a general or preliminary diagnosis of the medical condition of the animal, herd or flock, which diagnosis is expanded through medically appropriate visits to the premises where the animal, herd or flock is kept,
(C) In the event of an imminent, life-threatening emergency veterinary care may be provided in this State via telehealth services without an existing veterinarian-client-patient relationship or an in-person visit within 12 months.
(6) The standard of care for providing veterinary care in the State of West Virginia via telehealth services by a registrant or licensed veterinarian shall be the same as for in-person care. Such standard of care shall require that a veterinarian-client-patient relationship first exist before telehealth services are provided and that a patient visit a veterinarian licensed in another jurisdiction or licensed by the board, in-person and within 12 months of using the initial telemedicine service, or the telemedicine service shall no longer be available to the patient. Only in the event of an imminent, life-threatening emergency may veterinary care be provided in this state via telehealth services without an existing veterinarian-client-patient relationship or without an in-person visit within 12 months.
(7) A provider of telehealth services must ensure that the client is aware of the veterinarian's identity, location, and license number and licensure status and should provide to the client a clear mechanism to:
(A) Access, supplement, and amend client-provided contact information and health information about the patient;
(B) Register complaints with the board;
(C) Provide consent for the use of telehealth; and
(D) Patient medical records must meet the requirements as specified in the Standards of Practice Rules.
(8) A registrant shall not prescribe any controlled substance listed in Schedule II of the Uniform Controlled Substance Act via interstate telehealth services.
(9) By registering to provide interstate telehealth services to patients in this state, a registrant is subject to:
(A) The laws, rules, and regulations regarding the practice of veterinary medicine in this state, including the state judicial system and all rules and standards of professional conduct contained within § 30-10-1 et seq. of this code and the rules promulgated thereunder;
(B) The standard of care for providing veterinary care in the State of West Virginia via telehealth services by a registrant or licensed veterinarian shall be the same as for in-person care; and
(C) The jurisdiction of the board, including, but not limited to, the board's complaint, investigation, and hearing processes.
(10) 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.
(11) A registration with the board does not authorize a veterinary care professional to practice from a physical location within the State of West Virginia without first obtaining appropriate facility registration.
(12) A person currently licensed by the board is not subject to registration but shall practice telehealth in accordance with the provisions of § 30-10-1 et seq. and the rules promulgated thereunder.
Credits
Acts 2022, c. 212, eff. June 8, 2022.
Article 10A. Animal Euthanasia Technicians [Repealed]
§§ 30-10A-1 to 30-10A-9. Repealed by Acts 2010, c. 153, eff. June 11, 2010
HISTORICAL AND STATUTORY NOTES
The repealed sections, which related to regulation of animal euthanasia technicians, were derived from Acts 1998, c. 232. and Acts 2009, c. 9.§ 30-10A-1 to 30-10A-9. Repealed by Acts 2010, c. 153, eff. June 11, 2010