Title 32 W. Va. C.S.R.

Acupuncture Acupuncture

Series 01 Meeting of the Board of Acupuncture

W. Va. Code R. § 32-1-1 General

1.1. Scope. -- This rule contains provisions for the time and place of all regularly scheduled meetings and the time, place and purpose of all special meetings of the Board.

1.2. Authority. -- W. Va. Code '30-36-7.

1.3. Filing Date. -- August 3, 1998.

1.4. Effective Date. -- September 2, 1998.

W. Va. Code R. § 32-1-2 Application and Enforcement

This procedural rule applies to the Board. The enforcement of this rule is vested with the president of the Board.

W. Va. Code R. § 32-1-3 Definitions

3.1. Board. -- The West Virginia Board of Acupuncture.

3.2. President. -- The Board member elected by the Board members to serve as president of the Board.

3.3. Vice President - Treasurer. -- The Board member elected by the Board members to serve as vice president-treasurer of the Board.

3.4. Secretary. -- The Board member elected by the Board members to serve as secretary of the Board.

3.5. Decision. -- Any determination, action, vote or final disposition of a motion, proposal, resolution, order or measure on which a vote of the Board is required at any meeting at which a quorum is present.

3.6. Meeting. -- The convening of the Board for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter, but the term does not include a. any meeting for the purpose of making an adjudicatory decision in any quasi-judicial administrative proceeding, or b. any on-site inspection of any practitioner, clinic, or educational program of acupuncture or oriental medicine.

3.7. Quorum. -- A simple majority of the constituent membership of the Board.

W. Va. Code R. § 32-1-4 Meetings

4.1. The president may call meetings of the Board, and the president shall call a meeting upon the written request of two (2) Board members.

4.2. The president shall notify Board members in writing at least seven (7) days in advance of a meeting setting forth the time and place of the meeting and the matters to be considered, except that the notice is not required if the time, the place and matters for consideration was fixed in a meeting where all the members were present.

4.3. The president shall notify the public and the news media by filing with the office of the Secretary of State a public notice of the meeting at least seven (7) days in advance. The public notice shall contain the time, the place and the matters to be considered.

4.4. The provisions of this section shall not apply in the event of an emergency requiring immediate official action by the Board.

4.5. Special meetings may be continued to a set time and place on the following workday by a majority vote of the Board members present and voting.

4.6. The president may cancel special meetings if no Board member objects.

W. Va. Code R. § 32-1-5 Proceeding to Be Open; Exceptions; Executive Session Permitted

5.1. All meetings of the Board shall be open to the public, except the Board may hold an executive session that is closed to the public during a regular, special or emergency meeting, after the presiding officer has identified the authorization under W. Va. Code '6-9A-4 for the holding of an executive session and has presented it to the Board and to the general public. The Board shall not make a decision in executive session.

5.2. The Board may hold an executive session only upon a majority affirmative vote of the Board members present for the reasons found in W. Va. Code '6-9A-4 et seq.

W. Va. Code R. § 32-1-6 Minutes

6.1. The Board shall provide for the preparation of written minutes of all its meetings. All minutes shall be available to the public within a reasonable time after the meeting and shall include the following information:

a. The date, time and place of the meeting;

b. The name of each Board member present or absent;

c. All motions, proposals, resolutions, orders, ordinances and measures proposed, the name of the person proposing them and their disposition; and d. The results of all votes and, upon request of a member, the vote of each member, by name.

6.2. Minutes of executive sessions may be limited to material the disclosure of which is not inconsistent with the provisions listed in W. Va. Code '6-9A-4.

W. Va. Code R. § 32-1-7 Majority Vote Required; Vote By Proxy Prohibited

The vote of a majority of all members present at any meeting of the Board is necessary to take any action. Proxy voting is prohibited.

W. Va. Code R. § 32-1-8 Records of the Board - Public

Records of the Board are public records that may be inspected in accordance with W. Va. Code '29B-1-3 and copied at a charge of twenty-five cents ($.25) per page. Exceptions to this are those specified in W. Va. Code '29B-1-3.

32CSR1

Series 03 Applications for Licensure to Practice Acupuncture

W. Va. Code R. § 32-3-1 General

1.1. Scope. -- This rule governs the application process for acupuncture licensure.

1.2. Authority. -- W. Va. Code §30-36-7.

1.3. Filing Date. -- April 30, 2024.

1.4. Effective Date. -- April 30, 2024.

1.5. Sunset Provision. - This rule shall terminate and have no further force or effect upon the expiration from August 1, 2034.

W. Va. Code R. § 32-3-2 Application

This legislative rule applies to applicants for licensure by the Board.

W. Va. Code R. § 32-3-3 Definitions

3.1. Apprenticeship. -- A supervised course of study or tutorial program between one student and one instructor which is approved by the Board and which when successfully completed enables the applicant to meet the requirements of W. Va. Code §30-36-10 for licensure as an acupuncturist.

3.2. CCAHM -- The Council of Colleges of Acupuncture and Herbal Medicine.

3.3. Course of training. -- A systematic course of study in acupuncture at a school or college of acupuncture or oriental medicine which leads to a degree or diploma in acupuncture or oriental medicine.

3.4. NCCAOM -- The National Certification Commission for Acupuncture and Oriental Medicine or its successor organization.

W. Va. Code R. § 32-3-4 Board Approval for Licensure

4.1. The Board shall issue a license to practice acupuncture to an applicant who has submitted the required application form and supporting documentation to the Board and if the applicant meets the requirements of W. Va. Code §30-36-1 et seq. and rules promulgated by the Board.

4.2. If the Board, determines that an applicant has met the requirements for acupuncture licensure, it shall issue to the applicant a license that is valid for a period of two years. The Board, at its discretion, may make a license provisional and may stipulate additional training, clinical experience, or the NCCAOM examination as requirements for licensure.

W. Va. Code R. § 32-3-5 Licensure Qualifications

5.1. An applicant for licensure shall:

5.1.1. Be free of a felony conviction bearing a rational nexus to the profession pursuant to §30-1-24 of the code and

5.1.2. Be at least eighteen (18) years of age.

5.2. An applicant for licensure shall demonstrate their age to the Board by providing a certified copy of and official governmental document, passport or birth certificate which indicates the applicant’s date of birth.

5.3. An applicant for licensure shall demonstrate their competence to perform acupuncture to the Board by providing documentation of training, apprenticeship, qualifying test scores, or licensure in another jurisdiction by submitting with their application:

5.3.1. An official transcript from an accredited school or college of acupuncture or oriental medicine or an equivalent as determined by the Board;

5.3.2. An official transcript from the supervising tutor of acupuncture or oriental medicine apprenticeship;

5.3.3. An official transcript from the NCCAOM of their qualifying test scores; or

5.3.4. An official copy of the applicant’s license from the licensing Board of another jurisdiction documenting previous licensure.

5.4. Applicants shall attach a current signed passport-size photograph to the application.

5.5. The applicant shall demonstrate to the Board proficiency in spoken English by satisfying one of the following requirements: Submitting evidence satisfactory to the Board that the applicant, in seeking a designation from the NCCAOM as a diplomate of Oriental Medicine, diplomate of acupuncture, or diplomate of Chinese Herbology, has successfully completed in English the examination required for such designation by the NCCAOM or successor organization.

Should the applicant have received their acupuncture education or NCCAOM diplomate status in a language other than English, they must also have passed an English language proficiency examination, such as Test of English as a Foreign Language (TOEFL), or Test of Spoken English (TSE). An applicant must obtain a TOEFL score of 500 or more for the written TOEFL exam and 173 or more for the computer based TOEFL exam, or a TSE score of 200 or more prior to July 1995, and a score of 50 or more after July 1995. Applicants not meeting the requirements of this section are subject to an oral examination requirement from the Board.

W. Va. Code R. § 32-3-6 Certification of Documentation

Documentation submitted by or on behalf of the applicant shall be certified by the appropriate official or by governmental seal of authority, in cases of foreign trained applicants. The Board at its discretion may waive this requirement when it is determined that it cannot be obtained through the exercise of due diligence.

W. Va. Code R. § 32-3-7 Verification

All statements submitted by or on behalf of an applicant shall be made under penalty of false swearing. An applicant or licensee who makes a false statement is subject to disciplinary action including, but not limited to, immediate revocation or suspension of the license.

W. Va. Code R. § 32-3-8 Translation Required

All application documentation submitted in a language other than English shall be accompanied by a translation into English, certified by a translator other than the applicant, who shall attest to the accuracy of the translation under penalty of false swearing.

W. Va. Code R. § 32-3-9 Application Procedure

9.1. A new applicant shall submit their application for licensure on a form provided by the Board, and shall attach all required statements and documents.

9.2. A renewal applicant shall submit their application for renewal licensure on a form provided by the Board, and shall attach all required statements and documents.

W. Va. Code R. § 32-3-10 Review and Processing of Applications

10.1. Within a reasonable time after receipt of an application, the Board or Executive Director shall inform the applicant whether the application is complete and accepted for licensure or if it is deficient and what specific information or documentation is required to complete the application. 10.2 For applicants who do not meet the requirements of Section 5.5. of this rule, and within a reasonable time after receipt of a completed application, the Board shall notify the applicant of the date, time and location of a required oral examination when applying for licensure under an apprenticeship.

10.3. Within a reasonable time after submission of the application and required documentation, the Board or Executive Director shall notify an applicant of their eligibility for licensure and, upon payment of the specified fee for licensure found in the Board’s Rule, Fees of the Board of Acupuncture, 32 CSR 4, issue their license.

W. Va. Code R. § 32-3-11 Educational Documentation

11.1. The Board or Executive Director shall review each applicant’s required documentation and the application form before it issues a license, pursuant to W. Va. Code §30-36-12.

11.2. For applicants who don’t meet the requirements of Section 5.5. of this rule the Board shall give public notice of the times and locations of where the oral examination shall be held for an apprenticeship applicant.

11.3. Languages. -- If required, the Board shall administer the oral examination in English.

11.4. Content. -- The educational documentation will consist of a review of the required education and training documents. For applicants who don’t meet the requirements of Section 5.5. of this rule the Board may conduct an oral examination. The oral examination shall test and review the applicant’s knowledge and competency in the practice of oriental medicine through acupuncture or the Board may require the applicant to complete in English the NCCAOM examinations in acupuncture.

11.5. Additional Training. -- If the Board determines that an applicant has met the requirements for acupuncture licensure, it shall issue such license for a period of two years. The Board, at its discretion, has the right to make a license provisional and to stipulate additional training, clinical experience, or the NCCAOM examination as requirements for licensure.

W. Va. Code R. § 32-3-12 Documentation of Training

12.1. Each applicant shall have completed the minimum educational or tutorial requirements set forth in the W. Va. Code §30-36-10, as documented by the registrar of each school which the applicant attended or from the applicant's tutor, in the case of a tutorial or apprenticeship program.

12.2. All applicants who are graduates of an approved educational program who take the NCCAOM examination as part of their licensure requirements shall have completed the course work and training set forth in W. Va. Code §30-36-10.

12.3. All applicants applying for licensure shall meet the minimum educational or tutorial requirements set forth in W. Va. Code §30-36-1 et seq.

W. Va. Code R. § 32-3-13 Abandonment of Applications

The Board may deny an application without prejudice when an applicant does not exercise due diligence in the completion of their application, in furnishing additional information or documents required, or in the payment of any required fees.

W. Va. Code R. § 32-3-14 Failure to Appear for Oral Examination-Withdrawal of Application

An applicant not meeting the requirements of Section 5.5. of this rule who is required an oral examination, who fails to appear for two (2) oral examinations without a written explanation which is satisfactory to the Board shall have their application withdrawn by the Board. If the applicant subsequently decides to reapply for licensure, he or she shall file a new application and pay the full application fee.

W. Va. Code R. § 32-3-15 Denial of Applications

15.1. Any applicant whose application is denied, may submit within thirty (30) calendar days from the date of rejection, a written request that their application be presented to the Board for further evaluation at the Board’s next regular meeting.

15.2. As part of this evaluation procedure, the Board may, in its discretion, request that the applicant be orally interviewed with respect to their qualifications for licensure.

15.3. Nothing in this section shall be constructed to deprive an applicant of their rights of appeal as afforded by other provisions of law.

W. Va. Code R. § 32-3-16 Inactive License

16.1. Any acupuncturist who is not actively engaged in the practice of acupuncture desiring an inactive license, W. Va. Code §30-36-16, or to restore an inactive license to active status shall submit an application to the Board on a form provided by it (Active-Inactive License Application). The applicant need not submit their license or a copy of the license to the Board with the application.

16.2. In order to restore an inactive license to active status, the licensee shall complete a minimum of thirty (30) hours of approved continuing education within the two (2) years preceding application for return to active status, in compliance with the Board’s Rule, Continuing Education Requirements, 32 CSR 9. If the license has been inactive less than one (1) year, a minimum of fifteen (15) hours of continuing education is required.

16.3. The inactive status of any licensee shall not deprive the Board of its authority to institute or continue a disciplinary proceeding against a licensee upon any ground provided by law or to enter an order suspending or revoking a license or otherwise holding disciplinary action against the licensee on that ground.

W. Va. Code R. § 32-3-17 Relating to the Practice of Telehealth

17.1. The Board will not issue a license for the practice of telehealth due to the practice of acupuncture being an in person office visit and hands on profession.

Series 04 Fees of the Board of Acupuncture

W. Va. Code R. § 32-4-1 General

1.1. Scope. -- This rule establishes the fees relating to the Board.

1.2. Authority. -- W. Va. Code '30-36-7 and §30-36-8.

1.3. Filing Date. -- April 20, 2020.

1.4. Effective Date. – April 30, 2020. 1.5 Sunset Provision -- This rule shall terminate and have no further force and effect upon the expiration of April 30, 2030.

W. Va. Code R. § 32-4-2 Application

This rule applies to all applicants, licensed acupuncturists, student acupuncturists, apprenticed acupuncturists, and continuing education instructors.

W. Va. Code R. § 32-4-3 Fees

3.1. Application fee. -- The nonrefundable application fee is $75.

3.2. License fee. -- The initial license fee for a period of two years is $425.

3.3. Renewal fee. -- The renewal fee for a period of two years is $425.

3.4. Inactive license. -- The biennial fee for an inactive license is $325.

3.5. Delinquency fee. -- The delinquency fee for late filing is $50.

3.6. Duplicate license fee. -- The fee for a duplicate or replacement engraved wall license is $25. The fee for a duplicate or replacement renewal receipt or pocket license is $l0.

3.7. Endorsement fee. -- The fee for a letter of endorsement is $l0.

3.8. Auricular acudetox certificate fee. – The fee for a two-year certificate to perform auricular acudetox is $60. The certificate of authorization to practice auricular acudetox therapy shall be valid for two years from the month ending of the date of issuance.

3.9. Auricular acudetox certificate renewal fee. – The fee for a two-year renewal of a certificate to perform auricular acudetox is $50. A renewed certificate of authorization to practice auricular acudetox therapy shall be valid for two years from the month ending of the date of issuance.

3.10. Notwithstanding the fees set forth in this fee schedule, an applicant may seek a waiver of the initial licensing fees pursuant to 32 C.S.R. 15.

W. Va. Code R. § 32-4-4 Acupuncture Tutorials

Acupuncture tutorial instructors and acupuncture tutorial students shall pay on annual registration renewal fee of $100 within 30 days of completion of one year of an approved acupuncture tutorial.

W. Va. Code R. § 32-4-5 Continuing Education Providers

The annual fee for approval for each provider of continuing education is $50.

W. Va. Code R. § 32-4-6 Expired License Renewal

A lapsed or expired license may be renewed at any time within three years after its expiration. The licensee shall pay all accrued and unpaid renewal fees, plus the delinquency fee with the application for renewal.

Series 05 Advertising by Licensed Acupuncturists

W. Va. Code R. § 32-5-1 General

1.1. Scope. -- This rule establishes standards for the advertising of acupuncture.

1.2. Authority. -- W. Va. Code §30-36-7, §30-36-14 (f) and §64-9-2 (a).

1.3. Filing Date. -- April 18, 2023.

1.4. Effective Date. -- April 20, 2023.

1.5. Sunset Provision. - This rule shall terminate and have no further force or effect upon August 1, 2033.

W. Va. Code R. § 32-5-2 Application and Enforcement

This legislative rules applies to all licensed acupuncturists, all student acupuncturists and all apprenticed acupuncturists. The enforcement of these rules is vested with the Board.

W. Va. Code R. § 32-5-3 Recognized Titles

Academic and professionally granted titles which may be used by acupuncturists practicing in W. Va. include, but are not limited to the following: and must be commensurate to the level of education and training:

3.1. L.Ac. and Lic. Ac. -- Licensed Acupuncturist

3.2. O.M.D. -- Oriental Medical Doctor

3.3. D.Ac. -- Doctor of Acupuncture

3.4. D.A.O.M. -- Doctorate of Acupuncture and Oriental Medicine

W. Va. Code R. § 32-5-4 Advertising

A Board licensed acupuncturist may advertise the provision of any acupuncture services to the public, which are within the scope of practice, authorized by W. Va. Code §30-36-2. The advertising may not promote the excessive or unnecessary use of the services.

W. Va. Code R. § 32-5-5 Use of the Title Doctor

5.1. An acupuncturist may use the title “Doctor”or the abbreviation “Dr.” in connection with the practice of acupuncture when he or she possesses an earned doctorate degree from an accredited, approved or authorized educational institution in acupuncture, Oriental medicine or a biological science.

The use of the title “Doctor” or the abbreviation “Dr.” by an acupuncturist as authorized in this subsection without further indication of the type of license, certificate or degree which authorizes that use, 32CSR5 constitutes unprofessional conduct.

5.2. An acupuncture doctor shall clearly explain to his or her patients, in writing and verbally, that he or she is not a physician licensed to practice medicine or surgery, unless he or she is licensed under W.

Va. Code §30-3-1 et seq or W. Va. Code §30-14-1 et seq.

Series 06 Standards of Practice of Acupuncture by Licensed Acupuncturists

W. Va. Code R. § 32-6-1 General

1.1. Scope. -- This rule establishes the minimum standards of practice for acupuncture in this state.

1.2. Authority. -- W. Va. Code §30-36-7 and §64-9-2 (b).

1.3. Filing Date. -- April 18, 2023.

1.4. Effective Date. -- April 20, 2023.

1.5. Sunset Provision. - This rule shall terminate and have no further notice force or effect upon August 1, 2033.

W. Va. Code R. § 32-6-2 Application

This legislative rule applies to all licensed acupuncturists, all student acupuncturists and all apprenticed acupuncturists.

W. Va. Code R. § 32-6-3 Definitions

3.1. Clean Needle Technique. -- The standard protocol test as administered by the Council of Colleges of Acupuncture and Herbal Medicine (CCAHM).

3.2. CCAHM. -- The Council of Colleges of Acupuncture and Herbal Medicine.

3.3. FDA. -- The federal Food and Drug Administration.

3.4. OSHA. -- The federal Occupational Safety and Health Administration.

W. Va. Code R. § 32-6-4 Condition of Office

4.1. Each acupuncture office, clinic, treatment center or institution shall be maintained in a clean and sanitary condition at all times, and shall have a readily accessible bathroom facilities for patients.

4.2. The Board or its representative may make announced or unannounced office inspections during regular business hours to insure that sanitary conditions are being maintained. The Board or its representative may inspect treatment as well as non treatment areas. Patient files and records shall be made available to any authorized inspection by the Board or its official representative.

W. Va. Code R. § 32-6-5 Disposable Needles; Clean Needle Technique

5.1. Disposable needles. -- All acupuncture offices, clinics, treatment centers and institutions shall use only pre-sterilized disposable needles. A practitioner shall use pre-sterilized disposable needles according to Clean Needle Technique and standards of practice established by the CCAHM.

32CSR6

W. Va. Code R. § 32-6-6 Treatment Procedures

A licensed acupuncturist shall practice according to the standard protocols of the Clean Needle Technique and the CCAHM during treatments by adhering to the following procedures:

6.1. Injection Therapy. A practitioner shall be limited to perform point puncture injections using sterile disposable needles and sterile solutions. Injection therapy shall be the injection of sterile herbs, vitamins, minerals, homeopathic substance or other similar substances specifically manufactured for injection into acupuncture points by means of sterile needles used primarily for this purpose. Permissable substances includes, saline, glucose, lidocaine, procaine, oriental herbs, vitamin B-12, traumeel, sarapin, and homepathic substances. Practitioners trained in injection therapy must comply with the ability to perform resuscitative procedures, including access to epinephrine injections and nasal oxygen if their patient exhibits symptoms of anaphylaxis.

6.2. Needle Disposal. -- A practitioner shall dispose of all acupuncture needles, pointpuncture needles and instruments to be discarded into rigid biohazard containers. A practitioner shall discard needles in one of the two following ways:

6.2.1. They shall be placed in a sealed unbreakable container marked “Medical Waste” and disposed of in a manner consistent with OSHA biohazardous waste regulations.

6.3. Hand washing. -- The acupuncturist shall vigorously scrub his or her hands with soap and warm water immediately before examining patients or handling acupuncture needles and other instruments, and between patients.

W. Va. Code R. § 32-6-7 Informed Consent

The practitioner shall notify patients in writing and verbally, prior to as any recommended treatment regarding any potential complications arising from the treatment plan.

W. Va. Code R. § 32-6-8 Treatments Outside the Office

8.1. A practitioner who provides acupuncture treatment outside the office shall maintain Clean Needle Technique. carry the required sterile needles and other instruments in a sterile airtight container.

8.2. A practitioner shall adhere to all standards of practice applicable to treatment when providing the treatment out of his or her office.

W. Va. Code R. § 32-6-9 Content and Retention of Acupuncture Medical Records

9.1. Acupuncturists shall maintain written medical records justifying the course of treatment of each patient. These records shall include for each patient at least the following:

9.1.1. The patient’s medical history;

9.1.2. Acupuncture and Oriental Medical diagnosis;

9.1.3. Diagnostic testing and imaging procedures and laboratory results;

9.1.4. Points used and any treatment procedures administered at each visit;

9.1.5. The practitioner’s prescriptions and recommendations; and

9.1.6. Patient treatment plan with progress notes.

32CSR6

9.2. The practitioner shall maintain all medical records for a period of seven (7) years for adults.

Records for minors shall l be maintained for six (6) years after the last date of service or until age 21, whichever is longer.

W. Va. Code R. § 32-6-10 Professional Liability Insurance

10.1. Professional Liability Insurance. -- As a prerequisite for licensure or license renewal every acupuncturist shall maintain medical malpractice insurance or professional liability insurance and shall provide the Board with proof of that financial responsibility. Each licensee shall have one of the following:

10.1.1. Professional liability coverage in an amount not less that $10,000 per claim, with a minimum annual aggregate of not less than $30,000 from an authorized insurer.

10.1.2. An unexpired, irrevocable letter of credit in the amount not less than $10,000 per claim, with a minimum aggregate availability of credit of not less than $30,000. The letter of credit shall be payable to the acupuncturist as beneficiary upon presentment of a final judgement indicating liability and awarding damages to be paid by the acupuncturist or upon presentment of a settlement agreement signed by all parties to the agreement when the final judgement or settlement is a result of a claim arising out of the rendering of, or the failure to render, acupuncture services. The letter of credit shall be nonassignable and nontransferable. The letter of credit shall be issued by any bank or savings association organized under the W. Va. Code.

10.1.3. A surety bond in an amount not less than $10,000 per claim, with a minimum annual aggregate of not less than $30,000 written by a company licensed to do business in West Virginia.

10.2. Exemptions. -- Upon application to the Board, the following licensees are exempt from the requirements of this section:

10.2.1. Any acupuncturist who practices exclusively as an officer, employee or agent of the federal government or of the state of West Virginia or its agencies or subdivisions. For the purposes of this rule, an agent of the State of West Virginia, its agencies or its subdivisions is a person who is eligible for coverage under any plan offered by the State of West Virginia;

10.2.2. Any licensee whose license has become inactive and who is not practicing in this state.

Any licensee applying for reactivation of a license shall show either that the licensee maintained tail insurance coverage which provided liability coverage for incidents that occurred on or after January 1, 1998, or the initial date of licensure in West Virginia, whichever is later, and incidents that occurred before the date on which the license became inactive; or such licensee shall submit an affidavit stating that the licensee has no unsatisfied medical malpractice judgements or settlements at the time of application for reactivation;

10.2.3. Any licensee who practices only in conjunction with his or her teaching duties at an accredited school. That licensee may engage in the practice of acupuncture to the extent that the practice is incidental to and a necessary part of duties in connection with the teaching position in the school;

10.2.4. Any licensee holding an active license under W. Va. Code §30-36-1 et seq. who is not practicing in West Virginia. If that person initiates or resumes practice in this state, he or she shall notify the Board of the activity and fulfill his or her obligation to obtain coverage; and

10.2.5. Any licensee who can demonstrate to the Board that he or she has no malpractice exposure in the State of West Virginia.

Series 07 Disciplinary And Complaint Procedures For Acupuncturists

W. Va. Code R. § 32-7-1 General

1.1. Scope. -- This rule establishes the due process procedure for disciplinary and complaint procedures for the Board. The Board is charged with these duties in W. Va. Code §30-36-18.

1.2. Authority. -- W. Va. Code §§30-1-8(a) and 30-36-1 et seq.

1.3. Filing Date. -- April 16, 2008.

1.4. Effective Date. -- April 16, 2008.

W. Va. Code R. § 32-7-2 Application and Enforcement

This legislative rule applies to all licensed acupuncturists, student acupuncturists, and acupuncture trainees.

W. Va. Code R. § 32-7-3 Definitions

3.1. “Board” means the West Virginia Board of Acupuncture.

3.2. “Licensee” means an acupuncturist who holds a license issued by the Board to practice acupuncture and oriental medicine.

3.3. “License” means a license issued by the Board.

3.4. “Practice of acupuncture and oriental medicine” means the practice of acupuncture as defined in W. Va. Code §30-36-2 and includes licensed acupuncturists, student acupuncturists and acupuncture trainees.

3.5. "False and deceptive advertising" means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results or includes representations or implications that in a reasonable probability will cause an ordinary prudent person to misunderstand or be deceived.

3.6. “Adjudicatory hearing” means a formal administrative hearing before the Board or a designated hearing examiner, conducted to determine the truth and validity of complaints filed against a licensee.

3.7. "Probation" means imposing conditions and requirements upon a licensee for a period of time that the Board determines to be justified under any provision of law.

W. Va. Code R. § 32-7-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Acupuncturists

4.1. The Board may deny an application for license, place a licensee on probation, suspend a license, limit or restrict a licensee or revoke any license issued by the Board, upon satisfactory proof that the licensee has:

4.1.1. Knowingly made, or presented or caused to be made or presented, any false, fraudulent or forged statement, writing, certificate, diploma or other material in connection with an application for a license;

4.1.2. Been or is involved in fraud, forgery, deception, collusion or conspiracy in connection with an examination for a license;

4.1.3. Become addicted to a controlled substance;

4.1.4. Become a chronic or persistent alcoholic;

4.1.5. Engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public or member of the public;

4.1.6. Willfully violated a confidential communication;

4.1.7. Had his or her license to practice acupuncture or oriental medicine in any other state, territory, jurisdiction or foreign nation revoked, suspended, restricted or limited, or otherwise acted against, or has been subjected to any other disciplinary action by the licensing authority thereof, or has been denied licensure in any other state, territory, jurisdiction, or foreign nation;

4.1.8. Been or is unable to practice acupuncture or oriental medicine with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of alcohol, drugs, chemicals or any other type of material, or by any reason of any physical or mental abnormality;

4.1.9. Demonstrated a lack of professional competence to practice acupuncture or oriental medicine with a reasonable degree of skill and safety for patients. In this connection, the Board may consider repeated acts of an acupuncturist indicating his or her failure to properly treat a patient and may require the acupuncturist to submit to inquiries or examinations, written or oral, by members of the Board, by its agent, or designee, as the Board considers necessary to determine the professional qualifications of the licensee;

4.1.10. Engaged in unprofessional conduct, including, but not limited to, any departure from, or failure to conform to, the standards of acceptable and prevailing oriental medical practice, or the ethics of the oriental medical profession, or unprofessional conduct as presented in the Board’s rule, Code of Ethics for Licensed Acupuncturist, 32CSR10 of the Boards Rules, irrespective of whether a patient is injured by the conduct, or has committed any act contrary to honesty, justice or good morals, whether the act is committed in the course of his or her practice or otherwise and whether committed within or without this State;

4.1.11. Been convicted of or found guilty of a crime in any jurisdiction which directly relates to the practice of acupuncture or oriental medicine or to the ability to practice acupuncture or oriental medicine. A plea of nolo contendere will be considered conviction for the purposes of this rule;

4.1.12. Advertised, practiced or attempted to practice under a name other than his or her own;

4.1.13. Failed to report to the Board any person whom the licensee knows is in violation of this rule or of provisions of the West Virginia Acupuncture Practice Act;

4.1.14. Aided, assisted, procured or advised any unlicensed person to practice oriental medicine contrary to this rule or the West Virginia Acupuncture Practice Act;

4.1.15. Failed to perform any statutory or legal obligation placed upon an acupuncturist;

4.1.16. Made or filed a report which the licensee knows to be false, intentionally or negligently failed to file a report or record required by state or federal law, willfully impeded or obstructed the filing or induced another person to do so. The reports or records will include only those which are signed in the capacity as a licensed acupuncturist;

4.1.17. Paid or received any commission, bonus, kickback or rebate, or engaged in any split-fee arrangement in any form whatsoever with an acupuncturist, organization, agency or person, either directly or indirectly, for patients referred to providers of health care goods and services, including, but not limited to, hospitals, nursing homes, clinical laboratories, ambulatory surgical centers or pharmacies. The provisions of this subdivision will not be construed to prevent an acupuncturist from receiving a fee for professional consultation service;

4.1.18. Exercised influence within a patient-practitioner relationship for purposes of engaging a patient in sexual activity;

4.1.19. Made deceptive, untrue or fraudulent representations in the practice of oriental medicine or employed a trick or scheme in the practice of oriental medicine when the trick or scheme fails to conform to the generally prevailing standards of treatment in the oriental medical community;

4.1.20. Solicited patients, either personally or through an agent, through use of fraud, intimidation, undue influence, or by overreaching or vexatious conduct. A solicitation is any communication which directly or implicitly requests an immediate response from the recipient;

4.1.21. Failed to keep written records justifying the course of treatment of the patient, including, but not limited to, patient histories, examination results and test results and treatment rendered, if any;

4.1.22. Exercised influence on the patient or client in such a manner as to exploit the patient or client for the financial gain of the licensee or of a third party, which includes, but not be limited to, the promoting or selling of services, goods, appliances or materia medica and the promotion or advertising on any prescription form of a pharmacy. For the purposes of this subdivision, prescribing, dispensing, administering, mixing or otherwise preparing materia medica, including all controlled and non-controlled substances, inappropriately or in excessive or inappropriate quantities, is not in the best interests of the patient and is not in the course of the acupuncturist or oriental medical practitioners professional practice, without regard to his or her intent;

4.1.23. Engaged in malpractice or failed to practice acupuncture or oriental medicine with that level of care, skill and treatment which are recognized by a reasonable, prudent, acupuncturist or an oriental medical practitioner engaged in the same or similar specialty as being acceptable under similar conditions and circumstances;

4.1.24. Performed any procedure or prescribed any therapy which, by the prevailing standards of oriental medical practice in the community, would constitute experimentation on a human subject, without first obtaining full, informed and written consent from the patient;

4.1.25. Practiced or offered to practice acupuncture beyond the scope permitted by the West Virginia Acupuncture Practice Act or accepted and performed professional responsibilities which the licensee knows or has reason to know he or she is not competent to perform;

4.1.26. Delegated professional responsibilities to a person whom the licensee knew or had reason to know was not qualified by training, experience or licensure to perform the responsibilities;

4.1.27. Violated or attempted to violate any law or rule of any jurisdiction, which relates to the practice of acupuncture.

4.1.28. Violated or failed to comply with a lawful order of the Board, or has violated an order of any court entered pursuant to any proceedings commenced by the Board;

4.1.29. Offered, undertaken or agreed to cure or treat disease by a secret method, procedure, treatment or medicine; or has treated for any human condition, by a method, means, or procedure which the licensee has refused to divulge upon demand of the Board;

4.1.30. Engaged in false or deceptive advertising. “False or Deceptive Advertising” means a statement that includes a misrepresentation of fact, is likely to mislead or deceive because of a failure to disclose material facts, is intended or is likely to create false or unjustified expectations of favorable results or includes representations or implications that in reasonable probability will cause an ordinary prudent person to misunderstand or be deceived; or

4.1.31. Engaged in advertising that is not in the public interest. Advertising that is not in the public interest includes the following:

4.1.31.a. Advertising that has the effect of intimidating or exerting undue pressure;

4.1.31.b. Advertising that uses testimonials;

4.1.31.c. Advertising which is false, deceptive, misleading, sensational or flamboyant;

4.1.31.d. Advertising which guarantees satisfaction or a cure;

4.1.31.e. Advertising which offers gratuitous services or discounts, the purpose of which is to deceive the public. This paragraph does not apply to advertising which contains an offer to negotiate fees, nor to advertising in conjunction with an established policy or program of free care for patients; and

4.1.31.f. Advertising which make claims of professional superiority which a licensee is unable to substantiate.

4.2. For the purposes of Section 4.1., acts declared to constitute dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public or any member thereof includes, but is not limited to;

4.2.1. Prescribing or dispensing any “Controlled Substance” as defined in the W. Va. Code §60A-1-101(d), except as defined in W. Va. Code §30-36-2 when performed in accordance with the principles of oriental acupuncture medical theories;

4.2.2. Issuing or publishing in any manner whatsoever, representations in which grossly improbable or extravagant statements are made which have a tendency to deceive or defraud the public, or a member thereof, including, but not limited to:

4.2.2.a. Any representation in which the licensee claims that he or she is able to cure or treat manifestly incurable diseases, ailments or infirmities by any method, procedure, treatment or medicine which the licensee knows or has reason to know has little or no therapeutic value;

4.2.2.b. Represents or professes or holds himself or herself out as being able and willing to treat diseases, ailments or infirmities under a system or school of practice, except:

4.2.2.b.1. for which he or she holds a degree or diploma from a school otherwise recognized by the Board, or

4.2.2.b.2. Which he or she professes to be self-taught or self-developed.

4.2.3. A serious act, or a pattern of acts committed during the course of an acupuncture practice which, under the attendant circumstances, would be considered to be gross incompetence, gross ignorance, gross negligence or malpractice, including the performance of any unnecessary service or procedure;

4.2.4. Conduct which is calculated to bring or has the effect of bringing the acupuncture or oriental medical profession into disrepute, including, but not limited to, any departure from or failure to conform to the standards of acceptable and prevailing oriental medical practice within the State;

4.2.5. Any charges or fees for any type of service rendered within forty-eight (48) hours of the initial visit, if the licensee advertises free service, free examination or free treatment;

4.2.6. Failing to meet the standard of practice in connection with any supervisory and/or collaborative agreement with any category of health practitioner licensed under Chapter 30 of the W. Va. Code;

4.2.7. Charging or collecting an excessive or unconscionable fee. Factors to be considered as guides in determining the reasonableness of a fee include the following:

4.2.7.a. The time and effort required;

4.2.7.b. The novelty and difficulty of the procedure or treatment;

4.2.7.c. The skill required to perform the procedure or treatment properly;

4.2.7.d. Any requirements or conditions imposed by the patient or circumstances;

4.2.7.e. The nature and length of the professional relationship with the patient;

4.2.7.f. The experience, reputation, and ability of the licensee; and

4.2.7.g. The nature of the circumstances under which the services are provided.

4.2.8. In any case where it is found that an excessive, unconscionable fee has been charged, in addition to any actions taken under the provisions of section 4.3 of this rule, the Board may require the licensee to reduce or pay back the fee.

4.3. When the Board finds that any applicant is unqualified to be granted a license or finds that any licensee should be disciplined pursuant to the West Virginia Acupuncture Practice Act or rules of the Board, the Board may take anyone or more of the following actions:

4.3.1. Refuse to grant a license to an applicant;

4.3.2. Administer a public reprimand;

4.3.3. Suspend, limit or restrict any license for a definite period, not to exceed five (5) years;

4.3.4. Require any licensee to participate in a program of education prescribed by the Board;

4.3.5. Revoke any license;

4.3.6. Require the licensee to submit to care, counseling or treatment by physicians or other professional persons;

4.3.7. Require him or her to practice under the direction or supervision of another practitioner; or

4.3.8. Require the licensee to provide a period of free public or charitable service.

4.3.9. In addition to and in conjunction with these actions, the Board may make a finding adverse to the licensee or applicant, but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement of the penalty and place the acupuncturist on probation, which may be vacated upon the noncompliance with any terms imposed by the Board. In its discretion, the Board may restore and reissue a license under the West Virginia Acupuncture Practice Act, W. Va. Code §30-36-1 et. seq. , and as a condition it may impose any disciplinary or corrective measure provided for in this Rule or in the West Virginia Acupuncture Practice Act.

4.4. The Board has the authority to place a licensee in a probationary status and to apply varying conditions upon the licensee during the probationary period. Upon reaching the conclusion that a licensee to practice acupuncture should be placed on probation, the Board may impose anyone or more of the following conditions:

4.4.1. The Board may appoint one or more Board members to be responsible for having the probationary licensee report for interviews on a regular basis. These interviews may be set up on a periodic basis as determined by the Board and the appointed Board members will then report back to the Board at its regularly scheduled meeting on the progress of the licensee;

4.4.2. The Board may request the probationary licensee to appear before the Board at intervals determined by the Board order that the licensee may report on his or her progress. During these appearances by the probationary licensee, the Board may ask the probationary licensee questions so as to observe his or her behavior and progress;

4.4.3. The Board may select a physician or request the probationary licensee to select a physician who will be approved by the Board and the physician shall submit periodic progress reports on the probationary licensee as directed by Board;

4.4.4. The Board may appoint a medical consultant whose responsibility is to conduct interviews with the probationary licensee. The probationary licensee shall then report to the appointed medical consultant on a regular basis as determined by the Board, and the medical consultant shall report to the Board at intervals determined by the Board;

4.4.5. In cases of alcoholism and/or drug abuse, as a condition of probation, the Board may require that the probationary licensee submit periodic blood samples and/or urine drug screen samples;

4.4.6. The Board may require that the probationary licensee authorize his or her personal physician to submit to the Board, for review, the probationary licensee’s medical history, both as to past medical history and any and all new medical history as may become available to the personal physician during the period of the probationary term;

4.4.7. The Board may require that the probationary licensee report all medications that he or she may be utilizing and that he or she make the reports to the Board, at intervals as directed by the Board from time to time;

4.4.8. The Board may require that prior to the termination of a probationary term, the probationary licensee appear at a regularly scheduled Board meeting and furnish the Board with information as it may request, and the Board may utilize subpoenas, subpoenas duces tecum and its investigators as it considers necessary to gather facts and evidence to determine compliance by the probationary licensee with the terms of probation; and

4.4.9. In those situations where indicated, the Board may impose additional terms of probation, restriction, or revocation upon a licensee who has initially been placed on probation. The period of probation shall not exceed five (5) years from its initiation date.

W. Va. Code R. § 32-7-5 Complaint Disposition

5.1. Any person, medical peer review committee, firm, corporation, members of the Board or public officer may make a complaint to the Board which charges an acupuncturist with a violation of the W. Va. Code §30-36-1 et seq., or of the Rules of the Board. The Board may provide a form for that purpose, but a complaint may be filed in any written form. In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following:

5.1.1. The name and address of the individual against whom the complaint is lodged;

5.1.2. The date of care or other incident;

5.1.3. The name of individual who may have treated the patient after the alleged incident; and

5.1.4. The name of any health care institution in which the patient was an inpatient or outpatient after or during the alleged incident.

5.2. The Board may prepare forms for filing complaints and make them available upon request.

5.3. Any information regarding a complaint shall be sent by the Board to the practitioner concerned for his or her written comment and he or she will submit a written reply within twenty (20) days, or waive the right to do so.

W. Va. Code R. § 32-7-6 Appeal

6.1. Any applicant for a license who has had his or her application denied by order of the Board may appeal the order within thirty (30) days of that action, in accordance with the contested case hearing procedure, W. Va. Code §29A-5-1 et seq., and 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.

6.2. Any licensee practicing acupuncture and oriental medicine in this State, who has had his or her license denied, suspended, restricted, or revoked by order of the Board, may appeal the order within thirty (30) days of this action in accordance with the contested case hearing procedure, W. Va. Code §29A-5-1 et seq., and the rules of the Board.

32CSR7

32CSR7

Series 08 Contested Case Hearing Procedure

W. Va. Code R. § 32-8-1 General

1.1. Scope. -- This rule establishes procedures for the adjudication of contested case hearings before the Board.

1.2. Authority. -- W. Va. Code §§30-36-1 et seq., 30-1-1 et seq. and 29A-5-1 et seq.

1.3. Filing Date. -- July 17, 2007.

1.4. Effective Date. -- September 1, 2007.

W. Va. Code R. § 32-8-2 Definitions

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

2.1. "Board" means the West Virginia Board of Acupuncture.

2.2. The term "demanding party" means an individual who has been denied a license to practice acupuncture and oriental medicine 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 acupuncture and oriental medicine issued by the Board and who has been charged by the Board as described in subsection 3.4 of this rule.

2.4. The term "licensee" means an acupuncturist who holds a license issued by the Board to practice acupuncture and oriental medicine or a “trainee” who holds an educational training permit.

2.5. The term “license” means a license issued by the Board pursuant to W. Va. Code §30-36-1 et seq.

2.6. “Practice of acupuncture and oriental medicine” means the practice of acupuncture and oriental medicine as defined in W. Va. Code §30-36-1 et seq. and includes licensed acupuncturists, student acupuncturists and acupuncture trainees.

W. Va. Code R. § 32-8-3 Hearing Procedures

3.1. Any person denied a license or who has had their license/training permit suspended, restricted, or revoked by order of the Board and who believes such order was in violation of W. Va. Code §§30-1-1 et seq. and/or 30-36-1 et seq. shall be entitled to a hearing on the action.

3.2. Any person who desires a hearing for the reason described in subsection 3.1 of this section must present a written demand for such to the Board.

3.3. When the president of the Board or his or her authorized designee 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.

3.4. Charges may be instituted against any licensed acupuncturist, student acupuncturist and acupuncture trainee by the Board when reasonable cause exists for believing that he or she may have engaged in conduct or be 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 §30-36-1 et seq. or the Board's legislative rules. Charges may be based upon information received by way of a verified written complaint filed with the Board and further information gathered by the Board in the process of investigating such complaint. Charges may also be based upon information received solely through investigative activities undertaken by the Board.

3.5. Charges instituted against a licensee or trainee as described in subsection 3.4 of this section shall be set forth in a Complaint and Notice of Hearing issued in the name of the Board as the agency of the State regulating the practice of acupuncture and oriental medicine. Such Complaint and Notice of Hearing shall designate the Board as the "Complainant," and shall designate the licensed acupuncturist, student acupuncturist and acupuncture trainee 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; shall state the date, time and place for the hearing; and, shall contain a statement of intention by the Board to appoint a hearing examiner.

3.6. Upon receipt of a demand for a hearing described in subsection 3.1 and 3.2 of this section, the president or his or her designee shall provide the demanding party with a Complaint and Notice of Hearing issued in the name of the Board as the agency of the State regulating the practice of acupuncture and oriental medicine. Such Complaint and Notice of Hearing shall designate the demanding party as the "Complainant" and shall designate the Board as the "Respondent"; shall set out the substance of each and every reason that the Board has denied the demanding party a license with sufficient particularity to reasonably apprise the demanding party of the nature, time and place of the conduct or condition at issue therein; shall state the date, time and place for the hearing; and shall contain a statement of intention by the Board to appoint a hearing examiner.

3.7. The Board may amend the charges set forth in a Complaint and Notice of Hearing as it deems proper.

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

3.9. 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, at least fifteen (15) days prior to the hearing date.

3.10. Hearings shall be conducted as follows:

3.10.1. 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.

3.10.2. The Board may be represented by the West Virginia Attorney General's Office.

3.10.3. 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.

3.10.4. The rules of privilege recognized by the law of this State shall be followed.

3.10.5. 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.

3.10.6. 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 or its designated hearing examiner; 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 educational training permit.

3.10.7. 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 in person; 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 purport, 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 (3) successive weeks in a newspaper published in this State; or such notice may be served by registered or certified mail.

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

3.10.9. 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 or she so testified.

3.10.10. The hearing may be conducted by one or more Board members or by a hearing examiner appointed by the Board.

3.10.11. 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.

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

3.10.13. Where a hearing is held upon the instance of the Board after charges have been brought against a licensee pursuant to subsections 3.4 and 3.5 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.

3.10.14. Where a hearing is held upon demand under the provisions of subsections 3.1, 3.2, 3.3, and 3.6 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 facts may be assessed against them and may be collected in a civil action by other proper remedy.

3.10.15. Following the conclusion of the Board's presentation of evidence in accordance with subsection 3.10.13 of this section, the Respondent or charged party shall have the right to submit his or her evidence in defense.

3.10.16. Following the conclusion of the demanding party's presentation of evidence in accordance with subsection 3.10.14 of this section, the Board shall have the right to submit its evidence in defense.

3.10.17. The Board may call witnesses to testify in support of its decision to deny licensure or in support of the charges instituted against a licensee; 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.

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

3.10.19. Hearings held by the Board as a result of charges instituted against a licensee may be continued or adjourned to a later date or a different place by the Board or its designee by appropriate notice to all parties.

3.10.20. 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 prior to 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 date of hearing shall be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of hearing may be ruled on by the Executive Secretary or Assistant Executive Secretary of the Board or designated hearing examiner. All other motions for continuance shall be ruled on by the Board member(s) or the hearing examiner presiding over the hearing.

3.10.21. 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. Prehearing motions shall be heard at a prehearing conference or at the hearing prior to the commencement of testimony. The Board member(s) or the hearing examiner presiding at the hearing shall hear the motions and the response for the non-moving party and shall rule on such motions accordingly.

W. Va. Code R. § 32-8-4 Transcription of Testimony and Evidence

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

4.2. All recorded materials shall be transcribed. The Board shall have the responsibility to make arrangements for the transcription of the recorded testimony and evidence.

4.3. Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the Board or its appointed hearing examiner 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.

4.4. 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 licensure disciplinary matter.

W. Va. Code R. § 32-8-5 Submission of Proposed Findings of Fact and Conclusions of Law

5.1. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Board or its duly appointed hearing examiner.

W. Va. Code R. § 32-8-6 Hearing Examiner

6.1. The Board may appoint a hearing examiner who shall be empowered to subpoena witnesses and documents, administer oaths and affirmations, examine witnesses under oath, rule on evidentiary matters, hold conferences for the settlement or simplification of issues by consent of the parties, cause to be prepared a record of the hearing so that the Board is able to discharge its functions and otherwise conduct hearings as provided in §24-3-3.10 herein.

6.2. Hearing examiners appointed by the Board are not authorized or empowered to grant, suspend, revoke or otherwise discipline any license.

6.3. The hearing examiner shall prepare recommended findings of fact and conclusions of law for submission to the Board. The Board may adopt, modify or reject such findings of fact and conclusions of law.

W. Va. Code R. § 32-8-7 Conferences; Informal Disposition of Cases

7.1. At any time prior to the hearing or thereafter, the Board, its designee or its duly appointed hearing examiner may hold conferences for the following purposes:

7.1.1. To dispose of procedural requests, prehearing motions or similar matters;

7.1.2. To simplify or settle issues by consent of the parties; or

7.1.3. To provide for the informal disposition of cases by stipulation or agreement.

7.2. The Board or its appointed hearing examiner may cause such conferences to be held on its own motion or by the request of a party.

7.3. 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.§32-8-8. Depositions.

8.1. 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. § 32-8-9 Subpoenas

9.1. Subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel the production of documents may be issued by the Board or its Executive Secretary, and by the hearing examiner appointed by the Board. Such subpoenas shall be issued pursuant to W. Va. Code 29A-5-1(b).

9.2. Written requests by a party for the issuance of subpoenas or subpoenas duces tecum as provided in subsection 9.1 of this section must be received by the Board no later than ten (10) days before a scheduled hearing. Any party requesting the issuance of subpoenas or subpoenas duces tecum shall see that they are properly served in accordance with W. Va. Code §29A-5-1(b).

W. Va. Code R. § 32-8-10 Orders

10.1. 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.

10.2. 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 attorney of record, if any, within five (5) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 32-8-11 Appeal

11.1. An appeal from any final order entered in accordance with these rules shall comply with the provisions of W. Va. Code §30-1-9.

W. Va. Code R. § 32-8-12 Severability

12.1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the provisions or application of this rule which can be given effect without the invalid provisions or application and to this end the provisions of this rule are declared to be severable.

32CSR8

32CSR8

Series 09 Continuing Education Requirements

W. Va. Code R. § 32-9-1 General

1.1. Scope. --This establishes continuing education requirements for renewal of licensure pursuant to W. Va. Code §30-36-14(d).

1.2. Authority. -- W. Va. Code §30-36-7(a), §30-36-1(c) and §64-9-2(c).

1.3. Filing Date. -- April 18, 2023.

1.4. Effective Date. -- April 20, 2023.

1.5. Sunset Provision. - This rule shall terminate and have no further force or effect upon August 1, 2033.

W. Va. Code R. § 32-9-2 Application

This legislative rule applies to renewal licensees and instructors of continuing education courses.

W. Va. Code R. § 32-9-3 Definitions

3.1. Approved Provider. -- Those persons or organizations offering continuing education in West Virginia, who are approved by the Board.

3.2. Course. -- A systematic learning experience, at least one hour in length, which deals with and is designed for the acquisition of knowledge, skills and information relevant to the practice of acupuncture.

3.3. Hour. -- A period of time spent in a course, lasting at least fifty (50) minutes, where participation in an organized learning experience occurs.

W. Va. Code R. § 32-9-4 Criteria for Provider Approval

4.1. In order to be an approved provider, a provider shall submit to the Board an application on a form provided by the Board accompanied by the fee required by Board of Acupuncture rules, Fees of the Board of Acupuncture 32 CSR 4. All provider applications and documentation submitted to the Board shall be typewritten and in English.

4.2. The approval of the provider expires one (1) year after it is issued by the Board and may be renewed upon the filing of the required application and fee.

4.3. Acupuncture schools and colleges which have been approved by the Board, pursuant to the W.

Va. Code §30-36-10, are approved continuing education providers .

W. Va. Code R. § 32-9-5 Approved Providers

5.1. For the purpose of this rule programs offered by the following organizations will be considered 32CSR9 “approved providers”:

5.1.1. The National Certification Commision of Acupuncture and Oriental Medicine (NCCAOM);

5.1.2. The American Association of Acupuncture and Oriental Medicine (AAAOM);

5.1.3. The California Board of Acupuncture;

5.1.4. The Council of Colleges of Acupuncture and Herbal Medicine (CCAHM);

5.1.5. The American Academy of Medical Acupuncture (AAMA);

5.1.6. The National Acupuncture Teachers Foundation (NAF); or

5.1.7. The National Acupuncture Detoxification Association (NADA).

5.1.8. Accredited schools or colleges.

W. Va. Code R. § 32-9-6 Content of Courses Applicable for Continuing Education Credits

6.1. For each renewal period of two years, a licensee shall have a minimum of fifteen hours of instruction in the area of acupuncture or oriental medicine from an approved provider.

6.2. For each renewal period of two years, a licensee may have up to fifteen hours of instruction in western clinical sciences, medical practices, medical ethics, or medical research which are sponsored or accredited by, but not limited to, the following organizations, or their successor organizations:

6.2.1. The World Health Organization (WHO); 6.2.2 The National Institutes of Health (NIH);

6.2.3. The American Medical Association (AMA);

6.2.4. The American Osteopathic Association (AOA);

6.2.5. The American Nurses Association (ANA);

6.2.6. Local hospitals; or

6.2.7. Local colleges.

6.3. For each renewal period, a licensee may have no more than six (6) hours of training in accredited programs which will assist the licensee to carry out his or her professional management responsibilities, including, but not limited to:

6.3.1. Office, hospital, or administrative management;

6.3.2. Language training, such as Chinese or English as a foreign language; or

6.3.3. Education methodology.

6.4. An acupuncturist may obtain credit for any other programs which are pre-approved by the Board, 32CSR9 at the Boards discretion.

W. Va. Code R. § 32-9-7 Continuing Education Compliance

7.1. Each acupuncturist at the time of license renewal shall sign a statement under penalty of false swearing that he or she has or has not complied with the continuing education requirements.

7.2. The Board may audit once each year a random sample of acupuncturists who have reported compliance with the continuing education requirement. No acupuncturist shall be subject to audit more than once every two (2) years.

7.3. It constitutes unprofessional conduct for any acupuncturist to misrepresent completion of the required continuing education.

7.4. Any acupuncturist selected for audit shall submit original documentation or records of continuing education course work he or she has taken and completed.

7.5. Each acupuncturist shall retain for a minimum of four (4) years records of all continuing education programs attended which indicate the provider's name, title of the course or program, date and location of course and the number of continuing education credits awarded.

7.6. Instructors of approved continuing education courses may receive a maximum of two (2) hours of continuing education credit per year. An instructor may claim credit only where the individual acts as an instructor of an approved course. In addition, one hour of credit shall be accrued for each classroom hour completed as an instructor of a Board approved continuing education course. Participation as a member of a panel presentation for an approved course shall not entitle the participant to earn continuing education credit as an instructor.

Series 10 Code Of Ethics For Licensed Acupuncturists

W. Va. Code R. § 32-10-1 General

1.1. Scope. -- This rule establishes a code of ethics for acupuncture and oriental medicine in this state.

1.2. Authority. -- W. Va. Code ''30-36-7 (a) and 30-36-7 (b).

1.3. Filing Date. -- May 21, 1999.

1.4. Effective Date. -- May 21, 1999.

W. Va. Code R. § 32-10-2 Application

This legislative rule applies to all licensed acupuncturists, student acupuncturists and apprenticed acupuncturists in the State.

W. Va. Code R. § 32-10-3 Code of Ethics

Licensed practitioners shall post the provisions of this section in each acupuncturist office, clinic, or treatment center:

3.1. The Acupuncture Practitioner=s primary purpose is to restore, maintain and optimize health in human beings.

3.2. The Acupuncture Practitioner acts to restore, maintain and optimize health by providing individualized care, according to his or her ability and judgment, following the principles of Oriental Medicine.

3.3. The Acupuncture Practitioner shall endeavor to first, do no harm and provide the most effective health care available with the least risk to his or her patients at all times. (Primum Non Nocere)

3.4. The Acupuncture Practitioner shall recognize, respect and promote the self-healing power of nature inherent in each individual human being. (Vis Medicatrix Naturae)

3.5. The Acupuncture Practitioner shall strive to identify and remove the causes of illness, rather than to merely eliminate or suppress symptoms. (Tolle Causum)

3.6. The Acupuncture Practitioner shall educate his or her patients, inspire rational hope and encourage self-responsibility for health. (Practitioner as Teacher)

3.7. The Acupuncture Practitioner shall treat each person by considering all individual health factors and influences. (Treat the Whole Person)

3.8. The Acupuncture Practitioner shall emphasize the condition of health to promote well-being and to prevent disease for the individual, each community and our world. (Health Promotion, the Best Prevention)

3.9. The Acupuncture Practitioner shall acknowledge the worth and dignity of every person and therefore, shall not exclude anyone from treatment on the basis of ethnic, racial, gender, or sexual orientation.

3.10. The Acupuncture Practitioner shall safeguard the patient's right to privacy and only disclose confidential information when either authorized by the patient or mandated by law.

3.11. The Acupuncture Practitioner shall act judiciously to protect the patient and the public when the incompetent or unethical practices by any person adversely affect health care quality and safety.

3.12. The Acupuncture Practitioner shall maintain competence in Oriental Medicine and strive for professional excellence through assessment of personal strengths, limitations and effectiveness and by advancement of professional knowledge.

3.13. The Acupuncture Practitioner shall conduct his or her practice and professional activities with honesty, integrity and responsibility for individual judgment and actions.

3.14. The Acupuncture Practitioner shall strive to participate in professional activities to advance the standards of care, body of knowledge and public awareness of Oriental Medicine.

3.15. The Acupuncture Practitioner shall respect all ethical, qualified health care practitioners and cooperate with other health professions to promote health for individual=s, the public and the global community.

3.16. The Acupuncture Practitioner shall strive to exemplify personal well-being, ethical character and trust worthiness as a health care professional.

W. Va. Code R. § 32-10-4 Ethics Regarding the Sale of Oriental Medicines in the Office

4.1. The sale of medications within an acupuncturist=s office shall be based on addressing the needs of the patient. The making of profit is always viewed as a secondary consideration. This is an extension of the code of ethics of the state and national associations governing the conduct of acupuncture physicians.

4.2. While the retail selling of medications could be construed as a conflict of interest on the part of the physician; as long as the underlying intention remains the patient's best interest and not to make profit, and no other source for the formulation and quality of the medication that the practitioner feels is adequate exists, this remains a legitimate and viable service.

4.3. Oriental medicines which may be prescribed by licensed acupuncturists include, but are not limited to:

4.3.1. Herbs, alone and in combinations;

4.3.2. Glandulars;

4.3.3. Minerals;

4.3.4. Vitamins; and

4.3.5. Chinese patent medicines.

4.4. The U. S. Food and Drug Administration rules regarding the sale of over the counter medications, herbs and materia medica shall be observed by licensees.

32CSR10

Series 11 Education Requirements

W. Va. Code R. § 32-11-1 General

1.1. Scope. -- This establishes the educational requirements for licensed acupuncture applicants who have graduated from a school or college of acupuncture or oriental medicine.

1.2. Authority. -- W. Va. Code '30-36-7.

1.3. Filing date. -- May 21, 1999.

1.4. Effective date. -- May 21, 1999.

W. Va. Code R. § 32-11-2 Application

This legislative rule applies to applicants for license who have graduated from a school or college of acupuncture or oriental medicine.

W. Va. Code R. § 32-11-3 Definitions

3.1. Accredited School or College. -- An institution which has received accreditation or is a candidate for accreditation from the national accreditation commission for schools and colleges of acupuncture and oriental medicine (NACSSAOM).

3.2. NACSSAOM. -- The national accreditation commission for schools and colleges of acupuncture and oriental medicine.

W. Va. Code R. § 32-11-4 General Criteria for Approval of Acupuncture Training Programs

4.1. The total number of hours of oriental medical theoretical training shall consist of a minimum of eighteen hundred (1,800) hours and the total number of hours of clinical instruction shall consist of a minimum of 300 hours. and the course work shall extend over a minimum period of four (4) academic years or, eight (8) semesters or, twelve (12) quarters or, nine (9) trimesters, or thirty-six (36) months.

4.2. Candidates for admission shall have successfully completed an approved high school course of study or have passed a standard equivalency test.

4.3. The course of training shall be located in a W. Va. State university or college, or an institution approved by the Board, or in the case of training programs located outside West Virginia, in an institution which is approved by the appropriate governmental accrediting authority or an accrediting agency recognized by the U.S. Department of Education.

4.4. The training program shall develop an evaluation mechanism to determine the effectiveness of its theoretical and clinical program.

4.5. Course work shall carry academic credit.

4.6. The director of the clinical portion of the training program shall be a licensed acupuncturist or other licensed practitioner authorized to practice acupuncture.

4.7. All instructors shall be competent to teach their designated courses by virtue of their education, training and experience.

4.10. Each approved course of training shall receive accreditation or approval for schools and colleges by an agency approved by the U. S. Department of Education or the approval of the course of training by the Board shall automatically lapse.

W. Va. Code R. § 32-11-5 Specific Course Requirements for Approval of Acupuncture Training

5.1. In order to be approved by the Board, pursuant to Code '30-36-10 8 1 B an acupuncture course of training shall meet the following course curriculum criteria:

5.1.1. General biology, 8 semester hours;

5.1.2. Chemistry -- including organic and biochemistry, 8 semester hours;

5.1.3. General physics -- including a general survey of biophysics, 8 semester hours;

5.1.4. General psychology -- including counseling skills, 8 semester hours;

5.1.5. Anatomy -- a survey of microscopic, gross anatomy and neuroanatomy, 4 semester hours;

5.1.6. Physiology -- a survey of basic physiology, including neurophysiology, endocrinology, and neurochemistry, 4 semester hours;

5.1.7. Pathology -- a survey of the nature of disease and illness, including microbiology, immunology, psychopathology, and epidemiology, 4 semester hours;

5.1.8. Nutrition and vitamins, homeopathy and herbology, 4 semester hours;

5.1.9. History of medicine -- a survey of medical history, including transcultural healing practices, 3 semester hours;

5.1.10. Medical terminology -- fundamentals of English language medical terminology, 3 semester hours;

5.1.11. Clinical sciences -- a review of internal medicine. pharmacology, neurology, surgery, obstetrics/gynecology, urology, radiology, nutrition and public health, 8 semester hours;

5.1.12. Clinical medicine-a survey of the clinical practice of medicine, osteopathy, dentistry, psychology, nursing, chiropractic, podiatry, and homeopathy to familiarize practitioners with the practices of other health care practitioners, 8 semester hours;

5.1.13. Western pharmacology, 8 semester hours;

5.1.14. Cardiopulmonary resuscitation (CPR), 8 contact hours;

5.1.15. Traditional Oriental medicine-a survey of the theory and practice of traditional diagnostic and therapeutic procedures, 8 semester hours;

5.1.16. Acupuncture anatomy and physiology -- fundamentals of acupuncture. including the meridian system, special and extra loci, and auriculotherapy, 8 semester hours;

5.1.17. Acupuncture techniques -- instruction in the use of needling techniques, moxibustion, and electroacupuncture, including precautions (e.g., sterilization of needles), contraindication and complications, 8 semester hours;

5.1.18. Acupressure techniques -- instruction in the use of manual therapy pressure, 8 semester hours;

5.1.19. Breathing techniques -- introductory course in Chi Kung, 4 semester hours

5.1.20. Traditional Oriental exercise -- introductory course in Tai Chi Chuan, 4 semester hours;

5.1.21. Traditional Oriental herbology including botany -- a portion of the hours shall be given in a clinical setting, 12 semester hours, plus 100 clinical hours

5.1.22. Practice management -- instruction in the legal and ethical aspects of maintaining a professional practice, including record keeping, professional liability, patient accounts. and referral procedures, 3 semester hours; and

5.1.23. Ethics relating to the practice of acupuncture, 2 semester hours.

5.2. The curriculum shall include adequate clinical instruction, 75% of which shall be in a clinic which is operated by the course of training, which includes direct patient contact where appropriate in the following:

5.2.1. Practice Observation -- supervised observation of the clinical practice of acupuncture with case presentations and discussions, 50 clinical hours;

5.2.2. Diagnosis and evaluation -- the application of Eastern and Western diagnostic procedures in evaluating patients, 50 clinical hours; and

5.2.3. Supervised practice -- the clinical treatment of a patient with acupuncture, 50 clinical hours

5.3. During the initial 100 hours of diagnosis evaluation and clinical practice the supervisor shall be physically present at all times during the diagnosis and treatment of the patient. Thereafter, for a second period of 100 hours the supervisor shall be physically present at the needling of the patient.

5.4. The supervisor shall otherwise be in close proximity to the location at which the patient is being treated during the clinical instruction. The student shall also consult with the supervisor before and after each treatment.

W. Va. Code R. § 32-11-6 Course of Training Evaluation

6.1. Each training program in this State shall develop a mechanism to evaluate and award transfer credit to students for prior course work and experience which is equivalent to that course work and clinical instruction required in section 32-11-5 of this rule. The course of training=s policies and procedures for evaluating and awarding transfer credit shall be set forth in writing and submitted to the Board. The policies and procedures shall include all of the following:

6.2. Credit shall only be awarded for actual course work or directly relevant experience received by the student. As used in this rule, 'experience' means academically relevant learning which involved the student directly in the area of the curriculum required in this section and includes integrated field and clinical internships, apprenticeships, tutorial programs and cooperative educational programs;

6.3. Where the course work and clinical instruction were completed at an acupuncture school not approved by the Board, the evaluation shall include an examination administered by the school in the subject area in which transfer credit may be awarded;

6.4. The outcome of the prior education and experience shall be equivalent to that of an average student who has completed the same subject in the training program and shall meet the curriculum standards and graduation requirements of the training program;

6.5. Transfer credit may be awarded for course work and clinical instruction completed successfully at another acupuncture school or college which is approved by the Board;

6.6. Up to l00% transfer credit may be awarded for courses completed successfully in biology, chemistry, physics, psychology, anatomy, physiology, pathology, nutrition and vitamins, history of medicine, medical terminology, clinical science, clinical medicine, Western pharmacology, cardiopulmonary resuscitation, practice management, and ethics at a school which is approved under or by an accrediting agency recognized by the U.S. Department of Education;

6.7. Credit for clinical course work and instruction in traditional oriental medicine, acupuncture anatomy and physiology, acupuncture techniques, acupressure. breathing techniques, traditional oriental exercise. or traditional oriental herbology completed successfully at a school which is not approved by the Board may be awarded by a school approved by the Board, provided that at least 50% of the course hours in these subject areas are completed successfully at a school approved by the Board;

6.8. The entire record of the training program's evaluation and award of the student's transfer credit shall be included in the student's academic file and shall be made an official part of the student's transcript which shall be filed with the Board upon request of the student; and

6.9. All students shall receive upon matriculation a copy of the training program's policies and procedures for evaluating and awarding transfer credit.

W. Va. Code R. § 32-11-7 Documentation Required for Approval

Educational institutions or programs seeking approval of an acupuncture training program shall provide the Board with any documents and other evidence as may be necessary for the Board to determine the actual nature and extent of the training offered, including but not limited to. catalogues, course description, curricula plans, and study bulletins.

W. Va. Code R. § 32-11-8 Suspension or Revocation of Approval

The Board may deny, place on probation. suspend or revoke the approval granted to any acupuncture training program for any failure to comply with W. Va. Code '30-36-1 et seq. or this rule.

W. Va. Code R. § 32-11-9 School Monitoring: Records: Reporting

9.1. Every approved acupuncture school in W. Va. shall to submit the Board within sixty (60) days after the close of the school's fiscal year a current course catalog with a letter outlining the following:

9.1.1. Courses added or deleted or significantly changed from the previous year's curriculum;

9.1.2. Changes in faculty, administration, or the governing body;

9.1.3. Major changes in the school facility; and

9.1.4. A statement regarding the school's financial condition, which enables the committee to evaluate whether the school has sufficient resources to ensure the capability of the program for enrolled students.

9.2. If the Board determines it is necessary representatives of the Board shall make an on-site visit to the school to review and evaluate the status of the school. The school shall reimburse the Board for direct costs incurred in conducting the review and evaluation.

9.3. All student records shall be maintained in English.

9.4. Each approved acupuncture school shall report to the Board within 30 days any substantial changes to the facility or clinic, and curriculum required in this rule.

32CSR11

Series 12 Tutorial Education Requirements

W. Va. Code R. § 32-12-1 General

1.1. Scope. -- This section establishes the educational requirements for licensed acupuncture applicants completing a tutorial or apprenticeship program.

1.2. Authority. -- W. Va. Code '30-36-7.

1.3. Filing Date. -- May 21, 1999.

1.4. Effective Date. -- May 21, 1999.

W. Va. Code R. § 32-12-2 Application

This legislative rule applies to applicants for licensure and applicants for tutorial programs.

W. Va. Code R. § 32-12-3 Definitions

3.1. Acupuncture tutorial. -- An acupuncture apprenticeship program which is approved by the Board pursuant to the Code which when successfully completed meets the requirements of W. Va. Code '30-35-10 (3) for licensure as an acupuncturist.

3.2. Supervising acupuncturist. -- A licensed acupuncturist who is approved by the Board to provide an acupuncture tutorial to a trainee who is registered with the Board.

3.3. Trainee. -- A person who is registered with the Board in order to participate in an acupuncture tutorial under a supervising acupuncturist.

W. Va. Code R. § 32-12-4 Prior Approval to Practice as an Acupuncture Trainee

A person shall obtain prior approval of the Board to practice in acupuncture tutorial.

'32-7-5. Prior Approval to Supervise an Acupuncture Trainee.

An acupuncturist shall obtain prior approval to supervise any acupuncture trainee in an acupuncture tutorial from the Board.

W. Va. Code R. § 32-12-6 Filing of Applications: Credit for Prior Training

6.1. An applicant for acupuncture trainee shall file for approval on a form provided by the Board and accompanied by the required application fee, 32CRS4.

6.1. An applicant for supervisor shall file for approval on a form provided by the Board and accompanied by any necessary documents, including the training agreement and the required application fee, 32CRS4.

6.2. An acupuncture trainee with prior training and experience which meets the standards of the Board may reduce the required hours of theoretical and clinical training based on the prior training and experience. Evidence of the prior training and experience should be submitted to the Board for its review with the application for registration of the trainee.

W. Va. Code R. § 32-12-7 Requirements for Approval of an Acupuncture Tutorial

7.1. The supervisor and the acupuncture trainee shall develop a written training agreement containing the required elements of the acupuncture tutorial. The agreement should provide a trainee with a structured learning experience in all the basic skills and knowledge necessary for the independent practice of acupuncture and should prepare the trainee for the Board=s examination for acupuncture licensure.

7.2. The training agreement shall specify whether acupuncture tutorial is employment. Employment may be a full-time or part time.

7.3. An acupuncture tutorial shall provide formal clinical training with supplemental theoretical and didactic instruction. That training required in W. Va. Code '30-36-10 from an approved acupuncture school or another post secondary educational institution which is accredited or approved under or is accredited by a regional accrediting agency authorized by the U.S. Department of Education.

7.4. The clinical training shall consist of a minimum of 300 hours in the following areas:

7.4.1. Practice observation;

7.4.2. History and physical examination;

7.4.3. Therapeutic treatment planning;

7.4.4. Preparation of the patient;

7.4.5. Sterilization, use and maintenance of sterilization equipment;

7.4.6. Moxibustion;

7.4.7. Electroacupuncture (AC and DC voltages);

7.4.8. Body and auricular acupuncture;

7.4.9. Treatment of emergencies, including cardiopulmonary resuscitation;

7.4.10. Pre- and post-treatment instruction to the patient; and

7.4.11. Contraindications and precautions.

7.5. The theoretical and didactic training for tutorials shall consist of a minimum of 2700 hours (approximately 270 semester units) in the following areas:

7.5.1. Traditional Oriental Medicine -- a survey of the theory and practice of traditional diagnostic and therapeutic procedures.

7.5.2. Acupuncture anatomy and physiology -- fundamentals of acupuncture, including the meridian system special and extra loci, and auriculotherapy.

7.5.3. Acupuncture techniques -- instruction in the use of needling techniques, moxibustion, electroacupuncture, including precautions (e.g., sterilization of needles), contraindications and complications.

7.5.4. Clinical medicine -- a survey of the clinical practice of medicine, osteopathy, dentistry, psychology, nursing, chiropractic, podiatry and homeopathy to familiarize acupuncture practitioners with the practices of other health care practitioners.

7.5.5. History of Medicine -- a survey of medical history, including transcultural healing practices.

7.5.6. Medical terminology -- fundamentals of English language medical terminology.

7.5.7. General sciences -- a survey of general biology, chemistry, and physics.

7.5.8. Anatomy -- a survey of microscopic and gross anatomy and neuroanatomy.

7.5.9. Physiology -- a survey of basic physiology, including neurophysiology, endocrinology and neurochemistry.

7.5.10. Pathology -- a survey of the nature of disease and illness, including microbiology, immunology. psychopathology. and epidemiology.

7.5.11. Clinical sciences -- a review of internal medicine, pharmacology, neurology, surgery, obstetrics/gynecology, urology, radiology, nutrition and public health.

7.6. The acupuncture services provided by the tutorial trainee shall be done so in a manner which does not endanger the health and welfare of patients receiving the services. The tutorial trainee shall inform a patient that the services will be rendered by that trainee. The patient on each occasion of treatment shall be informed of the procedure to be performed by the tutorial trainee under the supervision of the supervising acupuncturist and shall consent in writing prior to performance of the acupuncture procedure by the tutorial trainee. These requirements shall also be applied to those instances where the trainee is to assist the supervisor in the rendering of acupuncture services.

7.7. The acupuncture tutorial training program shall be set forth in a written agreement signed by the supervisor and trainee which sets forth, but is not limited to, the training plan, length of training time, the method for providing the theoretical and didactic training and guidelines for supervision of the acupuncture services rendered by the trainee. A copy of the written agreement shall be submitted with the application for approval.

W. Va. Code R. § 32-12-8 Supervising Acupuncturist's Responsibilities

Supervising acupuncturists have the following duties and responsibilities:

8.1. A supervisor shall at all times be responsible for and provide supervision of the work performed by the trainee as required in this rule;

8.2. The supervisor shall only assign those patient treatments which can be safely and effectively performed by the trainee. The supervisor shall provide continuous direction and immediate supervision of the trainee when patient services are provided and shall be in close proximity during needle insertion and extraction;

8.3. The supervisor shall insure that patient informed consent is obtained when necessary;

8.4. The supervisor shall insure that the objectives of the submitted training plan are provided and met by the trainee;

8.5. The supervisor shall insure that the trainee complies with the standards of practice;

8.6. The supervisor shall file quarterly with the Board a progress report on a form provided by the Board which sets forth the schedules for theoretic and didactic training and for clinical training of the trainee;

8.7. The supervisor shall insure that when rendering services or otherwise engaging in professional activity the tutorial trainee always identifies himself or herself as an Aacupuncture trainee@; and wears an identification badge stating his or her trainee status;

8.8. The supervisor shall not permit separate billing by the tutorial trainee;

8.9. The supervisor shall comply with the provisions of W. Va. Code '30-36-1 et seq., applicable laws and rules governing wages and compensation paid to employees or apprentices, maximum hours and working conditions. Any overtime worked by the trainee shall not interfere with or impair the training program and shall not be detrimental to the health and safety of the trainee or patients.

W. Va. Code R. § 32-12-9 Trainee's Responsibilities

9.1. The tutorial trainee shall not provide acupuncture services without the required supervision or autonomously, and shall not provide any services for which he or she is not trained or competent to perform;

9.2. The tutorial trainee shall satisfactorily meet the objectives of the training plan submitted to the Board including the necessary theoretical training;

9.3. The tutorial trainee shall comply with the Board=s rule Standards of Practice of Acupuncture by Licensed Acupuncturist, 32CRS6;

9.4. The tutorial trainee shall always identify himself or herself as an acupuncture trainee when rendering services or otherwise engaging in professional activity and shall wear an identification badge on an outer garment and in plain view which states the trainee's name and the title AAcupuncture Trainee@;

9.5. The tutorial trainee shall report to the Board any delay, interruption or termination of the acupuncture tutorial not reported by the supervisor.

W. Va. Code R. § 32-12-10 Termination or Modification of Tutorial

10.1. The supervisor shall notify the Board in writing within ten (10) days of the termination of any acupuncture tutorial for any reason. At the time of the notification the Board shall cancel registration of both the supervisor and trainee shall be canceled. If the supervisor or trainee subsequently participate in an acupuncture tutorial, each shall file a new application for registration with the Board.

10.2. If the training plan of the acupuncture tutorial is substantially modified then the Board shall file a report of the modifications with the Board. There is no charge for filing the report.

10.3. If the supervisor is unable to complete the training, the Board at its discretion, may establish a plan to allow the tutorial trainee to complete the course of training. The Board may assign a new supervising acupuncturist.

W. Va. Code R. § 32-12-11 Application for Examination of Credentials and Oral Examination

At the completion of the tutorial the trainee may file an application for licensure.

W. Va. Code R. § 32-12-12 Denial. Suspension or Revocation of Registration as a Supervisor

The Board may deny, issue subject to terms and conditions, suspend, revoke or place on probation a registration to supervise a trainee in an acupuncture tutorial for the following causes:

(a) Failure to comply with the provisions of the W. Va. Code '30-36-1 et seq. or this Rule;

(b) Violation of the standards of practice, 32CRS5;

(c) The supervisor is the subject of a successful disciplinary action or has had charges in a disciplinary action filed against him or her;

(d) The registration was obtained by fraud or misrepresentation or false or misleading information was presented to the Board with respect to an acupuncture tutorial;

(e) Failure of the supervisor or the trainee to comply with patient informed consent; or (f) The trainee has rendered acupuncture services in violation of this Rule within the setting of the acupuncture tutorial regardless of whether the supervising acupuncturist has knowledge of the acts performed.

W. Va. Code R. § 32-12-13 Denial, Suspension or Revocation of Registration as a Trainee

The Board may deny, issue subject to terms and conditions, suspend, revoke or place on probation a registration as a trainee in an acupuncture tutorial for the following causes:

(a) Failure to comply with this Rule for approval and registration as a trainee;

(b) Violation of the W. Va. Code '30-36-1 et seq. or the Board=s Rules 32CRS1 et seq.;

(c) The registration was obtained by fraud or misrepresentation or false or misleading information was presented to the Board with respect to the acupuncture tutorial;

(d) Failure to comply with patient informed consent;

(e) The rendering of acupuncture services outside the approved acupuncture tutorial;

(f) Failure to identify oneself as an acupuncture trainee or failure to wear an appropriate identification badge when rendering acupuncture services; or (g) Rendering acupuncture services under a supervising acupuncturist who is not approved as a supervisor by the Board or whose registration as a supervisor has been suspended.

W. Va. Code R. § 32-12-14 Proceedings

Any proceedings to suspend or revoke the registration of a supervising acupuncturist or trainee or to deny such registration on grounds of unprofessional conduct shall be conducted pursuant to the Board=s Rule, Disciplinary and Complaint Procedures for Acupuncturists, 32 CRS 7 on Hearings and Due Process.

32CSR12

Series 13 Formation And Approval Of Professional Limited Liability Companies

W. Va. Code R. § 32-13-1 General

1.1. Scope. -- This legislative rule establishes the procedures for the formation and approval of professional limited liability companies for acupuncturists.

1.2. Authority. -- W. Va. Code '31B-13-1304.

1.3. Filing Date. -- May 21, 1999.

1.4. Effective Date. -- May 21, 1999.

W. Va. Code R. § 32-13-2 Definitions

2.1. Board. -- The West Virginia Board of Acupuncture, established in W. Va. Code '30-36-1 et seq.

2.2. Professional limited liability company. -- A limited liability company organized under the W. Va. Code '31B-13-1 et seq. for the purpose of rendering a professional service.

2.3. Professional services. -- The services rendered under W. Va. Code '30-36-1 et seq., by acupuncturists.

W. Va. Code R. § 32-13-3 Procedures for Formation and Approval of Professional Limited Liability Companies for Acupuncturists. Fees

3.1. Acupuncturists licensed to practice acupuncture in an active status in this State who desire to render acupuncture and oriental medical services as a limited liability company shall comply with the provisions of W. Va. Code '31B-13-1301 et seq. No professional limited liability company shall have as a member anyone other than a person who is duly licensed or otherwise legally authorized to render the professional services for which the professional limited liability company was organized.

3.2. The name of a professional limited liability company shall contain the words Aprofessional limited liability company@ or the abbreviation AP.L.L.C.@ or AProfessional L. L. C.@

3.3. Every professional limited liability company shall file with the Board at the time of formation, and on an annual basis on or before the first day of July, the names of its two or more members, and written documentation that the professional limited liability company carries at least one million dollars of professional liability insurance, together with an initial filing fee of $100.00 and annual renewal fee of $100.

3.3.a. The requirement of carrying one million dollars of professional liability insurance is satisfied if the professional limited liability company provides one million dollars of funds specifically designated and segregated for the satisfaction of judgements against the company members or any of its professional or nonprofessional services to patients or clients of the company, by:

3.3.a.1. Deposit in trust or in bank escrow of cash, a bank certificate of deposit or United States treasury obligations; or

3.3.a.2. A bank letter of credit or insurance company bond.

3.4. Every limited liability company shall file with the Board a copy of the annual report required to be filed with the Secretary of State under W. Va. Code '31B-2-211. The copy of the annual report, and a copy of any corrected annual report filed with the Secretary of State, shall be filed with the Board on or before the first day of July on an annual basis.

3.5. Every professional limited liability company in compliance with all the provisions of this rule shall be approved by and remain approved by the Board.

3.6. If any licensee ceases to be a member of any professional limited liability company, the company shall notify the Board in writing within twenty days therefrom that the licensee has ceased to be a member of a professional limited liability company. The fact that a licensee ceases to be a member of a professional limited liability company shall not affect the approval of such professional limited liability company by the Board, provided that the Board determines that the professional limited liability company remains in compliance with all the provision of this rule.

W. Va. Code R. § 32-13-4 Notification of Non-compliance, Cessation of Rendering Professional Services

4.1. If the Board determines that a professional limited liability company is not in compliance with all the provisions of this rule and should cease rendering professional services in the State, the Board shall notify the professional limited liability company in writing. Upon receipt of the written notice, the professional limited liability company shall cease rendering professional services in the State.

W. Va. Code R. § 32-13-5 Practitioner-Patient Relationship. 5.1.The provisions of this rule shall not be construed to alter or affect the practitioner-patient relationship

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Series 14 Auricular Detoxification Therapy Certificate

W. Va. Code R. § 32-14-1 General

1.1. Scope. -- This rule establishes the application, certificate, qualification and terms for auricular acupuncture certificate holders pursuant to W. Va. Code §30-36-10.

1.2. Authority. -- W. Va. Code §30-36-7(d) and §30-36-10.

1.3. Filing Date. -- April 20, 2020.

1.4. Effective Date. – April 30, 2020. 1.5 Sunset Provision – This rule shall terminate and have no further force or effect upon the expiration of April 30, 2030.

W. Va. Code R. § 32-14-2 Application

This legislative rule applies to application, issuance of a certificate, renewal, qualifications and terms for auricular acudetox certificate holders.

W. Va. Code R. § 32-14-3 Definitions

3.1. Auricular acudetox therapy – means therapy as approved by the board or as stipulated by the National Acupuncture Detoxification Association (NADA), for the treatment of substance abuse, alcoholism, chemical dependency, detoxification, behavioral therapy, or trauma recovery. Those persons certified as having successfully completed a course of study necessary to perform auricular detoxification therapy.

3.2. Certificate holder – means those persons issued an authorization by the board to persons trained in auricular acudetox who meet the qualifications to be certified as an auricular detoxification therapist or specialist (ADS).

3.3. National Acupuncture Detoxification Association (NADA protocol) -- means the National Acupuncture Detoxification Association protocol for auricular detoxification therapy.

W. Va. Code R. § 32-14-4 Application, Terms and Renewal for Certificate Holders

4.1. A person seeking a certificate as an Auricular acudetox therapist or Auricular acudetox specialist shall apply to the board on a form prescribed by the board and pay the applicable board fee as established by the board by rule pursuant to Title 32, Series 4, Code of State Rules, Fees of the Board of Acupuncture.

4.2. The certificate of authorization to perform auricular acudetox therapy shall be valid for two years from month ending of the date of issuance by the board and such initial approval shall be communicated in writing to the applicable professional board listed in subsection 5.1.2. of this rule.

4.3. A certificate to perform auricular acudetox therapy shall be renewed by applying to the board for renewal on a form prescribed by the board, as required and accompanied with the payment of the applicable fee.

W. Va. Code R. § 32-14-5 Requirements for a Certificate

5.1. To qualify for a certificate as an auricular detoxification specialist, an applicant shall:

5.1.1. Be at least 18 years old;

5.1.2. Be authorized in this state to engage in any of the following:

5.1.2.a. Physician assistant, pursuant to §30-3E-1 et seq. of this code;

5.1.2.b. Dentist, pursuant to §30-4-1 et seq. of this code;

5.1.2.c. Registered professional nurse, pursuant to §30-7-1 et seq. of this code;

5.1.2.d. Practical nurse, pursuant to §30-7A-1 et seq. of this code;

5.1.2.e. Psychologist, pursuant to §30-21-1 et seq. of this code;

5.1.2.f. Occupational therapist, pursuant to §30-28-1 et seq. of this code;

5.1.2.g. Social worker, pursuant to §30-30-1 et seq. of this code;

5.1.2.h. Professional counselor, pursuant to §30-31-1 et seq. of this code;

5.1.2.i. Emergency medical services provider, pursuant to §16-4C-1 et seq. of this code; or

5.1.2.j. Corrections medical provider, pursuant to §15A-1-1 et seq. of this code.

5.1.3. Provide evidence of successful completion of a board-approved auricular acudetox program;

5.1.4. Submit a completed application as prescribed by the board; and

5.1.5. Submit the appropriate fees as provided for by legislative rule.

5.2. A certificate may be renewed pursuant to the provision of this rule.

5.3. A certificate holder shall maintain and remain current in the professional competencies and authorizations as required pursuant to West Virginia Code §30-36-10 and subsection 5.1.2. of this rule.

W. Va. Code R. § 32-14-6 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Certificates for Auricular Acudetox

6.1. The board may deny an application for a certificate, place a certificate holder on probation, suspend a certificate, limit or restrict a certificate or revoke any certificate issued by the Board, upon satisfactory proof that the certificate holder has:

6.1.1. Knowingly made, or presented or caused to be made or presented, any false, fraudulent or forged statement, writing, certificate, diploma or other material in connection with an application for a certificate;

6.1.2. Been or is involved in fraud, forgery, deception, collusion or conspiracy in connection with an application for certification;

6.1.3. Become addicted to a controlled substance;

6.1.4. Become a chronic or persistent alcoholic;

6.1.5. Engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public or member of the public;

6.1.6. Willfully violated a confidential communication;

6.1.7. Had his or her license or other authorizations to practice in the professional capacity pursuant to West Virginia Code §30-36-10 and subsection 5.1.2 of this rule, in this or any other state, territory, jurisdiction or foreign nation revoked, suspended, restricted or limited, or otherwise acted against, or has been subjected to any other disciplinary action by the licensing or governing authority thereof, or has been denied licensure or authorizations in this or any other state, territory, jurisdiction, or foreign nation;

6.1.8. Demonstrated a lack of professional competence in performing auricular acudetox with a reasonable degree of skill and safety for patients. In this connection, the Board may consider repeated acts of a certificate holder indicating his or her failure to properly treat a patient and may require the certificate holders to submit to inquiries or examinations, written or oral, by members of the Board, by its agent, or designee, as the Board considers necessary to determine the professional qualifications of the certificate holder;

6.1.9. Engaged in unprofessional conduct, including, but not limited to, any departure from, or failure to conform to, the standards of acceptable practice, pursuant to the guidelines established by the National Acupuncture Detoxification Association protocol for auricular detoxification therapy irrespective of whether a patient is injured by the conduct, or has committed any act contrary to honesty, justice or good morals, whether the act is committed in the course of his or her practice or otherwise and whether committed within or without this State;

6.1.10. With respect to existing certificate holders, been convicted of or found guilty of a crime in any jurisdiction which directly relates to the practice of auricular detoxification therapy or related to the professional or other authorizations as described pursuant to W.Va. Code §30-36-10 and subsection 5.1.2. of this rule. A plea of nolo contender will be considered conviction for purpose of this rule;

6.1.11. With respect to initial certification, been convicted of a crime in any jurisdiction that remains unreversed and bears a rational nexus to the practice of auricular detoxification therapy or to the professional or other authorizations as described pursuant to W.Va. Code §30-36-10 and subsection 5.1.2. of this rule. A plea of nolo contendere will be considered conviction for purposes of this rule. In determining whether a conviction bears a rational nexus to the practice of auricular detoxification therapy or to the professional or other authorizations as described pursuant to W.Va. Code §30-36-10 and subsection 5.1.2. of this rule, the board shall consider at a minimum:

6.1.11.a. The nature and seriousness of the crime for which the individual was convicted;

6.1.11.b. The passage of time since the commission of the crime;

6.1.11.c. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and

6.1.11.d. Any evidence of rehabilitation or treatment undertaken by the individual; and notwithstanding any other statutory provisions to the contrary, in the event that the applicant is disqualified from certification because of a prior criminal conviction the board shall permit a subsequent application in conformity with the W. Va. Code §30-1-24.

6.1.12. Advertised, practiced or attempted to practice under a name other than his or her own;

6.1.13. Failed to report to the board any person whom the certificate holder knows is in violation of this rule, the of provisions of the West Virginia Acupuncture Practice Act, or in violation of any standard of professional conduct as described in §30-1-1 et seq., of West Virginia Code;

6.1.14. Failed to perform any statutory or legal obligation placed upon a certificate holder;

6.1.15. Made or filed a report which the certificate holder knows to be false, intentionally or negligently failed to file a report or record required by state or federal law, willfully impeded or obstructed the filing or induced another person to do so. The reports or records will include only those which are signed in the capacity as a certificate holder;

6.1.16. Exercised influence within a patient-practitioner relationship for purposes of engaging a patient in sexual activity;

6.1.17. Made deceptive, untrue or fraudulent representations in the practice of auricular detoxification therapy or employed a trick or scheme in the practice of auricular detoxification therapy when the trick or scheme fails to conform to the generally prevailing standards of treatment in the oriental medical community;

6.1.18. Solicited patients, either personally or through an agent, through use of fraud, intimidation, undue influence, or by overreaching or vexatious conduct. A solicitation is any communication which directly or implicitly requests an immediate response from the recipient;

6.1.19. Performed any procedure or prescribed any therapy which, by the prevailing standards of auricular detoxification therapy in the community, that would constitute the experimentation on a human subject, without first obtaining full, informed and written consent from the patient;

6.1.20. Practiced or offered to practice auricular detoxification therapy beyond the scope permitted by the West Virginia Acupuncture Practice Act or accepted and performed professional responsibilities which the certificate holder knows or has reason to know he or she is not competent to perform;

6.1.21. Violated or failed to comply with a lawful order of the Board, or has violated an order of any court entered pursuant to any proceedings commenced by the Board; or

6.1.22. Failing to meet the standard of practice in connection with any supervisory and/or collaborative agreement with any category of health practitioner licensed under Chapter 30 of the W. Va. Code;

6.2. When the board finds that any applicant is unqualified to be granted a certificate or finds that any certificate holder should be disciplined pursuant to the West Virginia Acupuncture Practice Act or rules of the board, the board may take anyone or more of the following actions:

6.2.1. Refuse to grant a certificate to an applicant;

6.2.2. Administer a public reprimand;

6.2.3. Suspend, limit or restrict any certificate for a definite period, not to exceed five (5) years;

6.2.4. Require any certificate holder to participate in a program of education prescribed by the Board;

6.2.5. Revoke any certificate;

6.2.6. Require the certificate holder to submit to care, counseling or treatment by physicians or other professional persons;

6.2.7. Require the certificate holder to practice under the direction or supervision of another practitioner; or

6.2.8. In addition to and in conjunction with these actions, the board may make a finding adverse to the certificate holder or applicant, but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement of the penalty and place the auricular detoxification therapist on probation, which may be vacated upon the noncompliance with any terms imposed by the board. In its discretion, the board may restore and reissue a certificate under the West Virginia Acupuncture Practice Act, W. Va. Code §30-36-1 et. seq., and as a condition it may impose any disciplinary or corrective measure provided for in this Rule or in the West Virginia Acupuncture Practice Act.

W. Va. Code R. § 32-14-7 Disciplinary and Complaint Procedures. 7.1 This rule establishes the same complaint process and procedures for an auricular acudetox certificate holder as referenced in Title 32 Legislative Rule Series 7 Disciplinary and Complaint Procedures for Acupuncturists. Once a final agency order or decision has been entered, the Board shall communicate this decision or order to the professional board listed in subsection 5.1.2. of this rule

W. Va. Code R. § 32-14-8 Contested Case Hearing Procedure 8.1 This rule establishes the same contested case hearing procedures for an auricular acudetox certificate holder as referenced in Title 32 Procedural Rule Series 8 Contested Hearing Case Procedure

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32CSR14

Series 15 Application for Waiver of Initial Licensing Fees for Certain Individuals

W. Va. Code R. § 32-15-1 General

1.1. Scope. -- This rule establishes procedures for waiving the initial licensing fee for low income individuals and military personnel and their spouses.

1.2. Authority. -- W. Va. Code §30-1-23, and W. Va. Code §30-36-7.

1.3. Filing Date. -- April 20, 2020.

1.4. Effective Date. -- April 30, 2020.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon the expiration of April 30, 2030.

W. Va. Code R. § 32-15-2 Definitions

2.1. Board means the West Virginia Board of Acupuncture.

2.2. BoAcu-LIW means the Board of Acupuncture waiver form to request a waiver of the initial licensing fee for low income individuals as authorized by W. Va. Code subsection §30-1-23.

2.3. BoAcu-MFW means the Board of Acupuncture waiver form to request a waiver of the initial licensing fee for military service members and their spouses as described in W. Va. Code subsection §30-1-23.

2.4. “Initial” means obtaining a license in West Virginia for the practice of acupuncture for the first time.

2.5. "Local labor market" means every county in West Virginia, and any county outside of West Virginia if any portion of that county is within fifty miles of the border of West Virginia, pursuant to W.Va. Code §21-1C-2.

2.6. “Low-income individual” means an individual in the local labor market as defined in W. Va. Code §21-1C-2, whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition Assistance Program.

2.7. “Military families” means any person who serves as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U. S. C. §101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried.

W. Va. Code R. § 32-15-3 Application for Waiver of Initial Licensure Fees

3.1. The Board may issue a license to an applicant who meets the requirements of W. Va. Code §30-36-3 et seq. and the rules promulgated by the Board, and the Board shall waive the initial licensure fee if the applicant qualifies as a “low-income individual” or as a member of one or more “military families” as defined in this rule.

3.2. Low-income individuals, as defined in this rule, may seek a low income waiver (LIW) of the initial licensure fee for licensure as a professional acupuncturist by submitting with their complete application a low-income waiver of initial licensure fee form, provided by the Board, and all required verification documents as prescribed by the Board. The Board shall review the application and issue a decision within 30 days of receipt of the complete application.

3.3. Military families, as defined in this rule, may seek a military family waiver (MFW) of the initial licensure fee for licensure as a professional acupuncturist by submitting with their complete application a military service verification form, provided by the Board and all required verification documents as prescribed by the Board. The Board shall review the application and issue a decision within 30 days of receipt of the complete application.

W. Va. Code R. § 32-15-4 Required Documentation for Waiver of Initial Licensure Fees

4.1. Individuals requesting a waiver of initial licensing fees for low income or military service personnel and their spouses, an applicant shall submit to the Board with the application for initial licensure waiver BoAcu-LIW or BoAcu-MFW form and the appropriate documentation as specified in this section.

4.2. To establish low income eligibility for an initial licensing fee waiver, an applicant shall submit to the Board evidence that the adjusted gross income of the household of the applicant is below 130% of the federal poverty level by submitting documentation of eligibility for:

4.2.1. Temporary Assistance for Needy Families Program;

4.2.2. Medicaid;

4.2.3. Supplemental Nutrition Assistance Program; or

4.2.4. A Federal Tax Return.

4.3. To establish military family eligibility for the initial licensing fee waiver, an applicant shall submit to the Board proof of qualifying military service and proof of eligibility as a qualifying spouse or surviving spouse, as follows:

4.3.1. A service members DD-214 form;

4.3.2. A service members NGB-22 form;

4.3.3. A service members DD-1300 form; or

4.3.4. A copy of their current military orders; or

4.3.5. Other official military documentation, determined to be appropriate by the Board, demonstrating the service member’s qualifying past or current military service; and

4.3.6. A copy of the marriage certificate with the qualifying service member where applicable, the death certificate of the service member if the surviving spouse is applying for the military family waiver and where applicable a notarized affidavit from the surviving spouse verifying the surviving spouse has not remarried.

4.4. Honorably discharged applicants shall submit to the Board a completed application and a DD-214 form or an NGB-22 form showing the applicant has been honorably discharged from military service.

Series 16 Consideration of Prior Criminal Convictions in Initial Licensure Determinations

W. Va. Code R. § 32-16-1 General

1.1. Scope. -- This rule establishes procedures for consideration of prior criminal convictions in initial licensure determinations.

1.2. Authority. -- W. Va. Code §30-1-24, and W. Va. Code §30-36-7.

1.3. Filing Date. -- April 20, 2020.

1.4. Effective Date. -- April 30, 2020.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon the expiration of April 30, 2030.

W. Va. Code R. § 32-16-2 Definitions

2.1. “Board” means the Board of Acupuncture established pursuant to W. Va. Code §30-36-3.

2.2. “Initial license” means obtaining a license in West Virginia for the practice of acupuncture for the first time.

2.3. “License” or “licensure” means the official authorization by the board to engage in the practice of acupuncture.

2.4. “Unreversed”, as that term refers to a criminal conviction, means that a conviction has not been set aside, vacated, pardoned, or expunged.

W. Va. Code R. § 32-16-3 Rational nexus to the practice of acupuncture

3.1. The board may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the practice of acupuncture. In determining whether a criminal conviction bears a rational nexus to the practice of acupuncture, the board shall consider at a minimum:

3.1.1. The nature and seriousness of the crime for which the individual was convicted;

3.1.2. The passage of time since the commission of the crime;

3.1.3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of a licensed acupuncturist; and

3.1.4. Any evidence of rehabilitation or treatment undertaken by the individual.

W. Va. Code R. § 32-16-4 Application after denial

4.1. Notwithstanding any other provision of the West Virginia Code to the contrary, 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:

4.1.1. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;

4.1.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and

4.1.3. The conviction was not for an offense of a violent or sexual nature: Provided, That a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the board on a case by case basis.

W. Va. Code R. § 32-16-5 Petition for licensure eligibility determination

5.1. 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.

5.2. 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.

5.3. The applicant may submit with the petition for licensure eligibility evidence of rehabilitation, letters of reference, and any other information the applicant deems relevant to show fitness and the ability to practice acupuncture.

5.4. The board shall provide the determination within 60 days of receiving the petition from the applicant.