Title 18 W. Va. C.S.R.

title-18Title 18 W. Va. C.S.R.Regulation

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Medical Imaging And Radiation Therapy Technology Board Of Examiners Medical Imaging And Radiation Therapy Technology Board Of Examiners

Series 01 West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners

W. Va. Code R. § 18-1-1 General provisions

1.1. Scope. -- Except as otherwise specifically provided, this rule applies to all persons in West Virginia who perform medical imaging and radiation therapy to human beings for diagnostic or therapeutic purposes under the supervision of a licensed practitioner. This rule establishes the general requirements for licensure of Medical Imaging and Radiation Therapy Technologist in West Virginia.

1.2. Authority. -- W. Va. Code §30-23-6

1.3. Filing Date. – April 2, 2026

1.4. Effective Date. – July 1, 2026

1.5. Sunset Provision – This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 18-1-2 Definitions

As used in this rule:

2.1. “Active duty” means when 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 is deployed outside of this state, and for the following six months after discharge.

2.2. “Active license” means a current unexpired license.

2.3. “Active National Certification” means a professional credential obtained from the ARRT, NMTCM, ARMRIT or ASPMA that is currently valid and in compliance.

2.4. “ASPMA” means the American Society of Podiatric Medical Assistants.

2.5. “ARMRIT” means the American Registry of Magnetic Resonance Imaging Technologists.

2.6. “ARRT” means the American Registry of Radiologic Technologists.

2.7. “Category A Continuing Education” means courses or activities approved by a RECEEM that focus on maintaining and improving professional knowledge and skills.

2.8. “Inactive license” means a license that has been expired.

2.9. “Initial licensure” means obtaining a license for the first time.

2.10. “Ionizing Radiation (X-Ray)” means any type of radiation which, during its interaction with matter, can cause the formation of an ion pair. This ionizing radiation is used to generate an exposure for diagnostic or therapeutic purposes.

2.11. “JRCERT” means the Joint Review Committee on Education in Radiologic Technology.

2.12. “JRCNMT” means the Joint Review Committee on Educational Programs in Nuclear Medicine Technology.

2.13. “Local labor market” means every county in West Virginia and any county outside of West Virginia if any portion of that county is within 50 miles of the border of West Virginia.

2.14. “Low-income individual” means an individual in the local labor market whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program (TANFP), Medicaid, or the Supplemental Nutrition Assistance Program (SNAP).

2.15. “Military families” means any person or the spouse of a person who serves as an active member of the Armed Forces of the United States, the National Guard, or a reserve component or who is an honorably discharged veteran of the forces. The term also includes surviving spouses of deceased service members who have not remarried.

2.16. “NMTCB” means the Nuclear Medicine Technology Board.

2.17. “RECEEM” means a Recognized Continuing Education Evaluation Mechanism that evaluates continuing education programs to ensure the courses meet high standards for maintaining and improving professional skills.

2.18. "Reciprocity" means the granting of a license to persons who hold a license or certificate in another state.

2.19. “Reinstatement” means the conversion of an inactive license status to an active license status.

2.20. "Temporary Permit" means a permit granted and issued by the Board for the practice of medical imaging which is limited in duration.

2.21. "Unethical conduct" means, but is not limited to:

2.21.a. Engaging in the practice of medical imaging or radiation therapy while in an intoxicated condition, and/or under the influence of narcotic or any other drugs which impair consciousness, judgement, or behavior;

2.21.b. Immoral conduct while engaged in the practice of medical imaging or radiation therapy technology or behavior indicating an unfitness to practice medical imaging or radiation therapy technology;

2.21.c. Willful falsification, destruction, or theft of property or records relating to the practice of medical imaging or radiation therapy technology;

2.21.d. Failure to exercise due regard for the safety of the life or health of the patient;

2.21.e. Unauthorized disclosure of information relating to a patient or his or her records;

2.21.f. Discrimination in the practice of medical imaging or radiation therapy technology against any person based on that person’s membership in a protected class, according to applicable state and federal laws.

2.21.g. Violating the provisions of the Rules of the Board; or

2.21.h. The grounds enumerated in W. Va. Code § 30-23-24(a)(3).

W. Va. Code R. § 18-1-3 Board functions

3.1. Duties and powers of the Board. -- The duties and powers of the Board are defined in W.Va. Code §30-23-1 et seq. It is the duty of the Board to carry out the provisions of the law to the best of its ability.

W. Va. Code R. § 18-1-4 Licenses, apprentice licenses and temporary permits

4.1. Application for licenses, apprentice licenses, and temporary permits.

4.1.a. The Board shall provide application forms for licenses, apprentice licenses, or temporary permits, and any forms for submitting any other information the Board considers desirable.

4.1.b. The application forms shall be designed to provide the information necessary to satisfy the Board that all requirements pertaining to the West Virginia Code are being fulfilled.

4.1.b.1. The applicant must submit proof of completing approved credentialing examinations by submitting an active national certification from their national credentialing agency. National certification credentialing agencies consist of the following:

4.1.b.1.a. Members of the American Registry of Radiologic Technologists (ARRT) shall submit verification of their current certification status.

4.1.b.1.b. Members of the Nuclear Medicine Technology Board (NMTCB) shall submit verification of their current certification status.

4.1.b.1.c. Members of the American Registry of Magnetic Resonance Imaging Technologists (ARMRIT) shall submit verification of their current certification status.

4.1.b.1.d. Members of the American Society of Podiatric Medical Assistants (ASPMA) shall submit verification of their current certification status.

4.1.c. All applications shall be signed by the applicant, except when submitted on-line. An applicant who applies on-line is considered to have signed the application.

4.1.d. The application fee shall be paid by a credit card or other electronic means.

4.1.e. If an applicant fails to complete all forms and to provide all information within 30 days of submission of an application form, the Board shall reject and return the application to the applicant.

4.1.f. The Board shall deny a license to any person knowingly furnishing false information. If the applicant has already been licensed before the falsification of the information has been made known to the Board, the license, apprentice license, or temporary permit is subject to suspension or revocation. In addition, the Board may bring the falsification to the attention of the Attorney General or law enforcement officials pursuant to W.Va. Code §30-23-28.

4.1.g. The Board may not disqualify an applicant from initial licensure because of a prior criminal conviction unless that conviction bears a rational nexus to the practice of medical imaging and/or radiation therapy technology. In determining whether a criminal conviction bears a rational nexus to the practice of medical imaging and/or radiation therapy technology, the Board shall consider, at a minimum:

4.1.g.1. The nature and seriousness of the crime;

4.1.g.2. The passage of time since the commission of the crime;

4.1.g.3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities attendant to the practice of medical imaging and/or radiation therapy technology; and

4.1.g.4. Any evidence of rehabilitation or treatment undertaken by the applicant.

4.1.h. If an applicant has been denied licensure because of a prior criminal conviction, the Board shall permit the applicant to apply for initial licensure if:

4.1.h.1. A period of five years has elapsed from the date of conviction or the date of incarceration, whichever is later;

4.1.h.2. The individual has not been convicted of any other crime during the period following the disqualifying offense; and

4.1.h.3. The conviction was not for an offense of a violent or sexual nature.

4.1.i. An individual with a criminal record who has not previously applied for licensure may petition the Board at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license.

4.1.i.1. The petition shall be submitted on an application form prescribed by the Board and shall include sufficient details about the individual’s criminal record to enable the Board to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction.

4.1.i.2. The applicant may submit with the petition evidence of rehabilitation, letters of reference and any other information the applicant deems relevant to show fitness and the ability to practice medical imaging.

4.1.i.3. The Board shall provide the determination within 60 days of receiving the petition and the applicable fee from the applicant.

4.1.i.4. The fee for an applicant petitioning for a licensure eligibility determination is specified in the Schedule of Fees, and upon acknowledgement of eligibility by the Board and receipt of the application for licensure, the eligibility fee shall be deducted from the applicant’s initial licensure application fee.

4.2. Issuance of licenses, apprentice licenses, and temporary permits.

4.2.a. The Board shall issue to each eligible applicant a license, apprentice license, or a temporary permit within 30 days of receipt of a properly completed application and payment of the appropriate fee.

4.2.b. Licenses and apprentice licenses are valid for a period of one year and expire at the end of the month from the date of issuance.

4.2.c. An apprentice license may be renewed no more than four times as stipulated in W. Va. Code §30-23-19 (b)

4.2.d. A licensed medical imaging technologist cross-training in Nuclear Medicine or Magnetic Resonance Imaging may renew his or her apprentice license as stipulated in W. Va. Code §30-23-19(c).

4.2.e. An active licensee shall renew his or her license annually without examination by completing the online renewal application and submitting the payment and required continuing education.

4.2.f. The Board may deny an application for renewal for any reason which would justify the denial of an original application for a license.

4.2.g. The Board shall assess a fee for reinstatement of an expired license.

4.2.h. An inactive licensee may reactivate his or her license without examination by completing the reinstatement application, providing proof of active national certification and submitting payment of the reinstatement fee.

4.2.i. The Board shall only issue temporary permits to individuals who have completed an approved medical imaging program:

4.2.i.1. An applicant for a temporary permit shall present evidence of graduation from a Board approved medical imaging program. This evidence may be a diploma or transcript.

4.2.i.2. An applicant for a temporary permit may apply to the Board up to six months after graduation from a Board approved medical imaging program. After six months, the applicant must show proof of passage of a Board approved registration examination and apply for a permanent West Virginia license.

4.2.i.3. The Board shall issue the temporary permit based on the date of application and payment of the required fee. The temporary permit will expire at the end of the sixth month after the date of issuance. Temporary permits may not be renewed or extended.

4.3. The provisions of West Virginia Code § 30-1-27, the Universal Professional and Occupational Licensing Act of 2025, are hereby incorporated by reference.

4.4. Responsibilities of licensees and permittees.

4.4.a. It is the responsibility of each licensee or permittee to be familiar with the requirements of the law regulating the practice of Medical Imaging and Radiation Therapy in West Virginia and with the rules of the Board.

4.4.b. It is the responsibility of each licensee or permittee to make timely application for a license, apprentice license, or renewal of license, to complete the forms properly, to submit the required Continuing Education documentation, to pay the fees required, and to hold himself or herself available for examination at the times and places designated by the Board. Any information or reminders which the Board may issue are courtesies and shall not diminish the responsibilities of the licensee or permittee.

4.4.c. A licensee or permittee shall notify the Board within 30 days of any change of his or her legal name, primary address, contact information, or place of employment.

4.5. Display of license or temporary permit.

Each licensee or permittee shall prominently display at his or her place of employment, a current license, apprentice license, or temporary permit to practice medical imaging or radiation therapy technology or provide documentation of current licensure upon request.

4.6. Schedule of fees for services rendered by the West Virginia Medical Imaging & Radiation Therapy Technology Board of Examiners.

4.6.a. Application Fee $92.00

4.6.b. Annual Renewal Fee $60.00

4.6.c. Temporary Permits Fee $37.00

4.6.d. Reinstatement Fee (delinquent) $25.00

4.6.e. Return Check Fee Maximum allowable by West Virginia State Code

4.6.f. Universal Licensing Application Fee $92.00

4.6.g. Petition for Initial Licensure Eligibility (pursuant to 4.1.i.) $92.00

4.7. Presumptive penalties.

4.7.a. The Board shall consider the following disciplinary sanctions as presumptive penalties to be imposed in all cases of violations of the provisions of this section of this rule, unless extenuating circumstances require otherwise:

4.7.a.1. Person working without being issued a license $100.00 per month

4.7.a.2. Supervisor helping, allowing, or $150.00 per month encouraging a person to work without a license

4.7.a.3. Technologist working on an expired license $100.00 per month

4.8. Upon application for initial licensure and submission of a low-income or military family waiver request, in a format prescribed by the Board, the Board shall waive the initial licensure fees for:

4.8.a. Low-income individuals within the local labor market; and

4.8.b. Military families.

4.9. Pursuant to W. Va. Code §30-1B-1 et seq., a licensee who qualifies for the military family waiver of initial licensure fee may request a waiver of all license renewal application fees, in a format prescribed by the Board, if the qualifying military member is on active duty.

W. Va. Code R. § 18-1-5 Educational Requirements for applicants for licensure

5.1. Standards for an approved school shall follow the current standards established by the JRCERT, JRCNMT, or standards determined programmatically equivalent by the Board.

5.2. Before any new school of Medical Imaging or Radiation Therapy Technology begins operation in West Virginia, it shall make application to the Board and submit a needs assessment survey. Upon approval of the school by the Board, the school shall then apply to the JRCERT, JRCNMT, or equivalent as determined by the Board, to begin the accreditation process.

5.3. All approved schools of Medical Imaging and Radiation Therapy Technology shall submit a copy of their Accreditation program annual report to the Board at the same time required by their accrediting body.

5.4. The Board may require additional program assessment data as considered necessary.

W. Va. Code R. § 18-1-6 Telehealth Practice. 6.1 Pursuant to W. Va. Code § 30-1-26, telehealth practice is inapplicable to the practice of a medical imaging and radiation therapy technologist
W. Va. Code R. § 18-1-7 Continuing Education Requirements

7.1. All medical imaging and radiation therapy technologists must submit proof of active national certification by their national credentialing agency. Proof of active national certification satisfies the Board’s continuing education requirement of 24 category A continuing education credits completed within a 24-month period. National certification credentialing agencies consist of the following:

7.1.a. Members of the American Registry of Radiologic Technologists (ARRT) shall maintain and submit verification of their current certification status.

7.1.b. Members of the Nuclear Medicine Technology Board (NMTCB) shall maintain and submit verification of their current certification status.

7.1.c. Members of the American Registry of Magnetic Resonance Imaging Technologists (ARMRIT) shall maintain and submit verification of their current certification status.

7.1.d. Members of the American Society of Podiatric Medical Assistants (ASPMA) shall maintain and submit verification of their current certification status.

7.2. Active licensees without active national certification before July 1, 2026, shall submit 24 category A continuing education credits completed within the previous 24 months.

7.3. Active licensees who do not maintain active national certification after July 1, 2026, are not in compliance with the Board’s continuing education requirements and may not renew their license until compliance is met.

7.4. Pursuant to W. Va. Code §30-1B-1 et seq., military families on active duty, as defined by this rule, may seek a waiver of continuing education requirements.

Series 03 Hearing Procedures

W. Va. Code R. § 18-3-1 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 §§30-23-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- July 16, 2025.

1.4. Effective Date. -- August 16, 2025.

W. Va. Code R. § 18-3-2 Definitions

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

2.1. "Board" means the West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners.

2.2. "Demanding party" means an individual who has been denied a license to practice medical imaging or radiation therapy by the Board and who, as a result, demands that a hearing be held before the Board on the issue of such denial.

2.3. The term "Charged party" means an individual who holds a license to practice medical imaging or radiation therapy issued by the Board and who has been charged by the Board as described in Section 3.6 of these rules.

2.4. "License" means a license or permit issued by the Board pursuant to W. Va. Code §30-23-1 et seq.

2.5. "Licensee" means an individual who holds a license to practice medical imaging or radiation therapy issued by the Board.

2.6. "Permittee" means an individual who holds a permit to practice medical imaging or radiation therapy issued by the Board.

2.7. "Practice of medical imaging and radiation therapy" means the practice of medical imaging or radiation therapy as defined in W. Va. Code §30-23-4 and includes medical imaging technologists, radiation therapy technologists and medical imaging or radiation therapy technology students.

W. Va. Code R. § 18-3-3 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, pre-hearing 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 cause such 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 such stipulations and/or agreements without conference.

W. Va. Code R. § 18-3-4 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. § 18-3-5 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 Director. 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 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 shall see that they are properly served in accordance with W. Va. Code § 29A-5-1(b)

W. Va. Code R. § 18-3-6 Hearing Procedure

6.1. Denial of License or Permit/Suspension

6.1.1. Any applicant denied a license or permit or any licensee or permit holder who has had their license or permit suspended by the Board who believes such denial was in violation of W. Va. Code §§ 30-1-1 et seq. and/or 30-23-1 et seq. shall be entitled to a hearing on the action denying or suspending such license or permit.

6.1.2. Any person who desires a hearing must present a written demand for such to the Board.

6.1.3. When the Executive Director of the Board is presented with such a demand for a hearing, he or she shall schedule a hearing within forty-five (45) days of receipt by him or her of such written demand, unless postponed to a later date by mutual agreement.

6.2. Disciplinary Charges

6.2.1. 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 § 30-23-1 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 further information gathered by the Board in the process of investigating such a complaint. Charges may also be based upon information received solely through investigative activities undertaken by the Board.

6.2.2. Charges instituted against a licensee or permittee shall be set forth in a Notice of Hearing and Statement of Charges issued in the name of the Board as the agency of the state regulating the practice of medical imaging and radiation therapy technology. Such Notice of Hearing and Statement of Charges shall designate the Board as the ‘Complainant", and shall designate the licensee or permittee involved in the proceeding as the "Respondent"; shall set out the substance of each offense charged with sufficient particularity to reasonably apprise the Respondent of the nature, time and place of the conduct or condition complained of therein; and shall state the date, time and place for the hearing.

6.3. Prehearing Procedure 6.3.1 The Board may amend the charges set forth in a Notice of Hearing and Statement of Charges as it deems proper.

6.3.2. A Notice of Hearing and Statement of Charges shall be served upon the demanding or charged party at least thirty (30) days prior to the date of the hearing.

6.3.3. 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 Licensure shall be provided to the demanding or charged party or his or her counsel.

6.4. Hearings shall be conducted as follows: 6.4.1 Any party to a hearing shall have the right to be represented by an attorney-at-law, duly qualified to practice law in the state of West Virginia. 6.4.2 The Board shall be represented by the West Virginia Attorney General's Office.

6.4.3. 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.

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

6.4.5. 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.

6.4.6. 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.

6.4.7. The hearing shall be held at such time and place as is designated by the Board, but no hearing shall be conducted unless and until at least thirty (30) days written notice thereof has been served upon the charged or demanding party and/or his or her attorney; 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 purpose, 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.

6.4.8. The hearing shall be open to the general public.

6.4.9. Members of the Board and its officers, agents and employees shall be 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.

6.4.10. The hearing shall be conducted by a quorum of the Board or, if the Board so chooses, a hearing examiner chosen by the Board.

6.4.11. 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.

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

6.4.13. Where a hearing is held upon the instance of the Board after charges have been brought against a licensee pursuant to subsection 6.2 of this section, the Board shall have the burden of proof and shall present its evidence and/or testimony in support of the charges first.

6.4.14. Where a hearing is held upon demand under the provisions of subsection 6.1 of this section, the demanding party shall have the burden of proof and shall therefore be required to present his or her evidence first. The Board may require the person demanding the hearing to give security for the costs thereof, and if the demanding party does not substantially prevail, such fees may be assessed against them and may be collected in a civil action or by other proper remedy.

6.4.15. Following the conclusion of the Board's presentation of evidence in accordance with subsection 6.4.13. of this section, the Respondent or charged party shall have the right to submit his or her evidence in defense.

6.4.16. Following the conclusion of the demanding party's presentation of evidence in accordance with subsection 6.4.14 of this section, the Board shall have the right to offer its evidence in rebuttal.

6.4.17. 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.

6.4.18. All parties shall have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation.

6.4.19. Hearings held by the Board may be continued or adjourned to a later date or different place by the Board or its designee by appropriate notice to all parties.

6.4.20. 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 seven (7) 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 seven (7) 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 shall be ruled on by the chair or executive director of the Board. All other motions for continuance shall be ruled on by the Board member(s) or the member presiding over the hearing.

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

W. Va. Code R. § 18-3-7 Transcription of Testimony and Evidence

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

7.2. All reported materials shall be transcribed. The Board shall have 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 shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that 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 shall 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. § 18-3-8 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. § 18-3-9 Final Orders

9.1. Any final order entered by the Board following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of W. Va. Code §§ 29A-5-3 and 30-1-8(d). Such orders shall be entered within forty-five (45) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall 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 shall be served upon the demanding or charged party and/or his or her attorney of record, if any, within thirty (30) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 18-3-10 Appeal

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

18CSR3

18CSR3

Series 04 Disciplinary and Complaints Procedures

W. Va. Code R. § 18-4-1 General

1.1. Scope. -- This rule specifies a procedure for the investigation and resolution of complaints against a licensee or permittee.

1.2. Authority. -- W. Va. Code §§ 30-23-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- July 16, 2025.

1.4. Effective Date. -- August 16, 2025.

W. Va. Code R. § 18-4-2 Application

This rule applies to all licensees and permittees under W.Va. Code § 30-23-1 et seq.

W. Va. Code R. § 18-4-3 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 an application for an original or renewal license, apprentice license, a podiatry permit or a temporary permit pursuant to W. Va. Code §30-23-1 et seq.

3.2. “Apprentice License” is a license issued to any person working towards certification in Nuclear Medicine or Magnetic Resonance Imaging.

3.3. “Board” means the West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners.

3.4. “License” has the same meaning as W. Va. Code § 30-23-4(i).

3.5. “Licensee” has the same meaning as W. Va. Code § 30-23-4(k).

3.6. “Permittee” has the same meaning as W. Va. Code § 30-23-4(q).

3.7. “Representative” means a licensee who is the Executive Director of the Board or Counsel for the Board.

§8-4-4. Disposition of Complaints.

4.1. Any individual may make a complaint to the Board concerning a licensee or permittee.

4.2. The Board may accept an anonymous complaint if the information provided is adequate to begin the investigation.

4.3. The Board may accept a complaint in writing, by telephone or in person. The Board may provide a form for the purpose of submitting a written complaint, but shall accept the complaint if the information includes:

4.3.1. The alleged violation which prompted the complaint.

4.3.2. The name of the individual against whom the complaint is lodged.

4.3.3. The date the incident occurred; and

4.3.4. The name or names of witnesses to the incident.

4.4. All complaints shall be referred to the Executive Director.

4.5. A complaint against a licensee or permit holder must claim that the individual has engaged in behavior, practices, or actions that constitute professional negligence or a deliberate deviation from recognized professional or ethical standards, in violation of W. Va. Code § 30-23-1 et seq. or the Board’s Standards of Ethics pursuant to 18CSR5.

4.6. 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.

4.7. The Board shall maintain a complaint record which records the receipt of each complaint, its nature and its disposition.

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

4.9. The Executive Director shall conduct an investigation to determine the validity of the allegation contained in the complaint.

4.10. The Executive Director shall report the complaint to the board, outlining the allegations, relevant facts, and findings.

4.11. The Board will determine whether the complaint is beyond its jurisdiction and, if so, may offer the complainant guidance on alternative means of resolution.

4.12. The Board shall notify the individual of an alleged violation of the Board’s Standards of Ethics by sending a copy of the complaint, along with any supporting documentation. The individual will be requested to submit a written response within thirty (30) days of receiving the complaint. Failure to respond within the specified timeframe may be considered an admission of the allegations.

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

4.14. Upon receipt of a licensee’s, permittee’s, or applicant’s response to a complaint, the Board shall promptly send a copy of the response, including any supporting documentation, to the complainant. If a response is not submitted to the Board, it will be considered an admission of the allegations.

4.15. To help resolve a complaint, the Executive Director may request any individual to attend an informal, investigative conference. The Executive Director will provide notice, including the issues to be discussed. The Executive Director shall report the findings to the board at its next scheduled meeting, outlining the allegations, relevant facts, and findings.

4.16. The Board may issue subpoenas and subpoenas duces tecum to complete the Board’s investigation and to determine the truth or validity of complaints. Any such request shall be accompanied by a brief statement specifying the necessity for the same. A subpoena issued hereunder may require any facility employing or licensing or practicing radiologic technology to allow inspection of the premises or other tangible things or records in the possession of or controlled by the following. Any member of the board, the Board’s legal counsel, or the Executive Director may sign a subpoena or other legal document on behalf of the board.

4.17. At any stage of an investigation or inquiry, the Board may conclude that there is insufficient evidence to proceed or that the complaint does not allege conduct warranting disciplinary action and dismiss the complaint.

4.18. Upon completion of the investigation, the Board may negotiate the terms of a consent agreement if probable cause for disciplinary action is established.

4.19. Any member of the Board, the Board’s legal counsel, or the Executive Director may sign a consent decree or other legal document on behalf of the board.

4.20. The Board shall review the terms of the consent agreement and all investigative information. The Board may approve the consent agreement, request revisions to the consent agreement, or reject the consent agreement.

4.21. If the Board rejects the consent agreement, the Representative shall schedule a hearing on the complaint.

4.22. If the licensee or permittee contests the allegations and an agreement can not be reached, the Representative shall schedule a hearing on the complaint. All hearings shall be held in accordance with W. Va. Code § 29A-5-1 et seq. of the Administrative Procedures Act.

4.23. A hearing shall be held before a hearing examiner or before members of the Board, pursuant to 18CSR3.

W. Va. Code R. § 18-4-5 Recovery Program

5.1. The consent agreement may require participation in a Recovery Program.

5.1.1. The board will pay the monthly administration fee per enrolled licensee.

5.1.2. The licensee will pay for all other required costs.

5.1.3. The Recovery Program will complete an individualized evaluation for each enrolled licensee.

5.1.4. The Recovery Program will complete an individualized treatment plan for each enrolled licensee.

5.1.5. The licensee will sign a contract with the Recovery Program to complete the required treatment and evaluations.

5.1.6. The Recovery Program will complete a fit-for-duty evaluation for each enrolled licensee.

5.1.7. The Recovery Program will require all enrolled licensees to notify their employers and medical practitioners of their participation in this program.

5.1.8. The Recovery Program shall submit quarterly reports to the Board.

5.1.9. The Recovery Program shall submit any failure of its participants to comply with its requirements to the Board immediately.

W. Va. Code R. § 18-4-6 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses or Permit

6.1. The Board may deny an application for license, apprentice license or permit, place a licensee or permittee on probation, limit or restrict a license, suspend a license, apprentice license or permit or revoke any license, apprentice license or permit issued by the Board, upon satisfactory proof that a licensee or permittee has engaged in behavior, practices, or actions that constitute professional negligence or a deliberate deviation from recognized professional or ethical standards, in violation of W. Va. Code § 30-23-1 et seq. or the Board’s Standards of Ethics pursuant to 18CSR5.

W. Va. Code R. § 18-4-7 Appeals

7.1. Any applicant who has had his or her application for a license, apprentice license, or permit 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. 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.

W. Va. Code R. § 18-4-8 Summary Suspension of License

8.1. The Board may suspend or deny the renewal of a license, apprentice license, or permit upon finding probable cause that the individual’s conduct, practices, or actions present an immediate threat to public safety. The individual is entitled to a hearing on the summary suspension; however, such a hearing must be expressly requested. If no request is made, the matter will be addressed at the disciplinary hearing.

18CSR4

18CSR4

Series 05 Standard of Ethics

W. Va. Code R. § 18-5-1 General

1.1. Scope. -- The Standards of Ethics of the West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners apply solely to persons holding a License or Permit issued by the Board and to persons applying for examination and licensure to become a West Virginia Licensed Technologist. This Standard of Ethics consists of the Standard of Practice and the Code of Ethics.

1.2. Authority. -- W. Va. Code §30-23-6.

1.3. Filing Date. -- April 2, 2026.

1.4. Effective Date. -- July 1, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 18-5-2 Application

2.1. This rule applies to all applicants, licensees, and permittees under W. Va. Code §30-23-1 et seq.

W. Va. Code R. § 18-5-3 Definitions

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

3.1.1. “Applicant” means any person making an application for a license to become a Licensed Medical Imaging or Radiation Therapy Technologist.

3.1.2. “Individual” means any person holding a license or permit issued by the Board.

W. Va. Code R. § 18-5-4 Standard of Practice

4.1. The Standard of Practice forms the first part of the Standard of Ethics. The Standard of Practice shall serve as a guide by which the individual may evaluate his or her professional conduct as it relates to patients, health care consumers, employers, colleagues, and other members of the health care team. The Standard of Practice is intended to assist individuals and applicants in maintaining a high level of ethical conduct and in providing for the protection, safety, and comfort of patients. The individuals and applicants who violated the Standard of Practice are subject to disciplinary action.

4.1.1. An individual shall act, in a professional manner, respond to patient needs, and support colleagues and associates in providing quality patient care.

4.1.2. An individual shall act to advance the principal objective of the profession to provide services to humanity with full respect for the dignity of mankind.

4.1.3. An individual shall deliver patient care and service unrestricted by the concerns of personal attributes or the nature of the disease or illness, and without discrimination based on any legally protected basis.

4.1.4. An individual shall practice technology founded upon theoretical knowledge and concepts, use equipment and accessories consistent with the purposes for which they were designed, and employ procedures and techniques appropriately.

4.1.5. An individual shall assess situations; exercise care, discretion, and judgment; assume responsibility for professional decisions; and act in the best interest of the patient.

4.1.6. An individual shall act as an agent through observation and communication to obtain pertinent information for the physician to aid in the diagnosis and treatment of the patient and recognize that interpretation and diagnosis are outside the scope of practice for the profession.

4.1.7. An individual shall use equipment and accessories, employ techniques and procedures, perform services in accordance with an accepted standard of practice, and demonstrate expertise in minimizing radiation exposure to the patient, himself or herself, and other members of the health care team.

4.1.8. An individual shall practice ethical conduct appropriate to the profession and protect the patient’s right to quality radiologic technology care.

4.1.9. An individual shall respect confidences entrusted in the course of professional practice, respect the patient’s right to privacy, conforming to the Health Information Portability & Accountability Act of 1996 (HIPAA) and requirements of protected health information (PHI) and reveal confidential information only as required by law or to protect the welfare of the individual or the community.

4.1.10. An individual shall continually strive to improve knowledge and skills by participating in continuing education and professional activities, sharing knowledge with colleagues, and investigating new aspects of professional practice.

4.1.11. An individual shall refrain from the use of illegal drugs at all times and the use of legal drugs or controlled substances that could result in impairment of professional judgment or ability to practice radiologic technology with reasonable skill and safety to patients.

W. Va. Code R. § 18-5-5 Code of Ethics

5.1. The Code of Ethics forms the second part of the Standards of Ethics. The Code of Ethics is intended to promote the protection, safety, and comfort of patients. They are directive-specific standards of minimally acceptable professional conduct for all present licensees, permittees, and applicants. A license or permit is a method of assuring the medical community and the public that an individual is qualified to practice within the profession. Because the public relies on the Board to issue licenses and permits, these individuals and applicants must act consistently with this Code of Ethics. The individuals and applicants engaging in any of the following conduct or activities, or who permit the occurrence of the following conduct or activities with respect to them, have violated the Code of Ethics and could be subject to disciplinary action.

5.2. An individual shall not engage in unprofessional conduct, including, but not limited to:

5.2.1. An individual or applicant shall not employ fraud or deceit in procuring or attempting to procure, maintain, renew, obtain, or petition for reinstatement of a license or permit issued by the Board for employment in medical imaging, and/or radiation therapy. This includes altering or falsifying in any respect any document issued by the Board or any state or federal agency.

5.2.2. An individual shall not fail to perform medical imaging or radiation therapy technology with reasonable skill and safety.

5.2.3. An individual shall not depart from or fail to conform to applicable federal, state, or local governmental rules and regulations regarding medical imaging or radiation therapy technology practice; or, if no rule or regulation exists, to the minimal standards of acceptable and prevailing medical imaging or radiation therapy technology practice.

5.2.4. An individual shall not engage in any medical imaging or radiation therapy technology practice that may create unnecessary danger to a patient’s life, health, or safety, including providing excess radiation to a patient.

5.2.5. An individual shall not engage in any practice that is contrary to the ethical conduct appropriate to the profession or that results in termination from employment. Actual injury to a patient or the public need not be established.

5.2.6. An individual shall not delegate or accept the delegation of a medical imaging or radiation therapy technology function or any other prescribed health care function when the delegation or acceptance could reasonably be expected to create an unnecessary danger to a patient’s life, health or safety. Actual injury to a patient need not be established.

5.2.7. An individual shall not engage in actual or potential inability to practice medical imaging or radiation therapy technology with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material; or because of any mental or physical condition.

5.2.8. An individual or applicant shall not be adjudicated as mentally incompetent, mentally ill, a chemically dependent person, or a person dangerous to the public by a court of competent jurisdiction.

5.2.9. An individual shall not engage in any unethical conduct, including, but not limited to, conduct likely to deceive, defraud, or harm the public; or demonstrate a willful or careless disregard for the health, welfare, or safety of a patient. Actual injury need not be established.

5.2.10. An individual shall not engage in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual or engage in any verbal behavior that is seductive or sexually demeaning to a patient or engage in sexual exploitation of a patient or former patient. This subsection also applies to any unwanted sexual behavior, verbal or otherwise, that results in the termination of employment. This does not apply to pre-existing consensual relationships.

5.2.11. An individual shall not reveal privileged communication from or relating to a former or current patient, except when otherwise required or permitted by law.

5.2.12. An individual shall not knowingly engage or assist any person to engage in, or otherwise participate in, abusive or fraudulent billing practices, including violations of federal Medicare and Medicaid laws or state medical assistance laws.

5.2.13. An individual shall not improperly manage patient records, including failure to maintain adequate patient records or to furnish a patient record or report required by law, or make, cause, or permit anyone to make a false, deceptive, or misleading entry in any patient record.

5.2.14. An individual shall not knowingly aid, assist, advise, or allow a person without a current and appropriate state permit or license to engage in the practice of medical imaging or radiation therapy technology.

5.2.15. An individual or applicant shall not violate a rule adopted by any state board with competent jurisdiction, an order of the board, or state or federal law relating to the practice of medical imaging or radiation therapy technology, or any other medical or allied health professions, or a state or federal narcotics or controlled substance law.

5.2.16. An individual shall not knowingly provide false or misleading information that is directly related to the care of a former or current patient.

5.2.17. An individual shall not practice outside the scope of practice authorized by the individual’s current state permit or license.

5.2.18. An individual or applicant shall not make a false statement or knowingly provide false information to the Board, or to a national certification organization which is accredited by either the National Commission for Certifying Agencies (NCCA) or by the American National Standards Institute (ANSI) or fail to cooperate with any investigation of the Board.

5.2.19. An individual or applicant shall not engage in false, fraudulent, deceptive or misleading communications to any person or the Board regarding the individual’s education, training, credentials, experience or qualifications, or the status of the individual’s state permit or license.

5.3. An individual or applicant shall report to the Board, within 30 days, unprofessional conduct, including, but not limited to:

5.3.1. An individual or applicant shall report a criminal conviction that bears a rational nexus to the health care profession, including, but not limited to:

5.3.1.a. A criminal conviction involving professional negligence.

5.3.1.b. A criminal conviction involving a willful violation of established professional standards.

5.3.1.c. A criminal conviction of a violent or sexual nature.

5.3.1.d. A criminal conviction related to substance abuse.

5.3.2. An individual or applicant shall report any known or probable violation of any Standard of Practice and/or Code of Ethics.

5.3.3. An individual or applicant shall report if any charges are pending or have been resolved adversely against their permit or license to practice medical imaging, radiation therapy technology, or any other medical or allied health profession in any state, territory, or country. This includes, but is not limited to, disciplinary actions such as imposed conditions, probation, suspension, or revocation.

5.3.4. An individual or applicant shall report if they have been denied a permit, license, or registration certificate to practice medical imaging, radiation therapy technology, or any other medical or allied health profession by another state, territory, or country.

5.3.5. An individual or applicant shall report a violation of state or federal narcotics or controlled substance laws, regardless of whether they have been charged or convicted of an offense.

5.3.6. An individual or applicant shall report a criminal proceeding where a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld or not entered, or a criminal proceeding where the individual enters a plea of guilty or nolo contendere.

5.3.7. An individual or applicant shall report military court-martials that involve substance abuse, any sex-related infractions, or patient-related infractions.

5.3.8. An individual or applicant who fails to report unprofessional conduct as set forth in the Standard of Practice and/or Code of Ethics shall be subject to disciplinary action.

18CSR5

18CSR5

Series 06 Practice of Radiologic Technology

W. Va. Code R. § 18-6-1 General

1.1. Scope. -- The West Virginia Legislature has declared that the public should be protected from excessive and improper exposure to ionizing radiation. The West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners has the responsibility to establish the minimum standards of education, training, and experience to ensure that the public is properly protected. Radiologic Technology is defined in W. Va Code§30-23-4 (t) as “the application of ionizing radiation or assisting in the application of medical imaging to human beings for diagnostic or therapeutic purposes as prescribed by a licensed practitioner”.

1.2. Authority. -- W. Va. Code §§30-23 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- June 3, 2025.

1.4. Effective Date. -- July 3, 2025.

W. Va. Code R. § 18-6-2 Application

This rule applies to all licensees and permittees under W. Va. Code §30-23-1 et seq.

W. Va. Code R. § 18-6-3 Definitions

The following word, as used in this rule, has the following meaning, unless the context otherwise requires:

3.1. “Board” means the West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners. 3.2 “General Supervision” means the overall guidance, direction, and control of a medical procedure by a licensed practitioner who is not physically present for the procedure but is readily available for immediate consultation and medical support if needed.

3.3. “Licensed Practitioner” means a healthcare provider authorized to practice medicine in West Virginia, including physicians, chiropractors, podiatrists, physician assistants, speech pathologists, dentists, advanced practice registered nurses, radiologist assistants, and radiology practitioner assistants.

W. Va. Code R. § 18-6-4 Interpretative Ruling This Interpretative Ruling was approved by the Board at the March 25, 2004, Board meeting and revised at the March 25, 2009, Board meeting. The Board has determined that the procedures for the Practice of Radiologic Technology shall include, but not necessarily be limited to, the following:

4.1. Generating or initiating any radiation exposure.

4.2. Setting the exposure factors (time, distance, voltage & current).

4.3. Positioning the patient for an examination.

4.4. Positioning the equipment in order to expose the proper body part. This explicitly applies to intra-operative/intra-procedural manipulation/positioning of the equipment.

4.5. Selecting the proper image receptor.

4.6. Select proper safety factors (example - shielding and collimation).

4.7. Verifying that the exposure has produced an adequate image for diagnosis.

4.8. Interpretative fluoroscopic procedures are to be performed only under the direct supervision of a West Virginia licensed interpretive practitioner, with the exception of spotting of the terminal ileum by a properly trained, licensed radiographer. Direct supervision is defined as a West Virginia licensed practitioner being in the room or by live remote audio and video.

W. Va. Code R. § 18-6-5 Contrast Media Administration

5.1. It is within the scope of practice of a medical imaging and radiation therapy technologist to perform the parenteral administration of contrast media after consultation with, and under the general supervision of, a prescribing licensed practitioner who is immediately and physically available to ensure proper diagnosis and treatment of adverse events.

18CSR6

18CSR6

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