SENATE
HOUSE
JOINT
BILL STATUS
WV CODE
REPORTS
EDUCATIONAL
CONTACT
home
home

West Virginia Code

Search

Chapter 30     Entire Code


ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND PROFESSIONS.

ARTICLE 1B. PROVISIONS APPLICABLE TO MILITARY MEMBERS AND THEIR SPOUSES.

ARTICLE 1C. INTERSTATE MEDICAL LICENSURE COMPACT.

ARTICLE 1D. PROVISIONS AFFECTING CERTAIN BOARDS OF LICENSURE.

ARTICLE 2. ATTORNEYS-AT-LAW.

ARTICLE 2A. MEDICAL LICENSING BOARD.

ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.

ARTICLE 3A. MANAGEMENT OF INTRACTABLE PAIN.

ARTICLE 3B. MOBILE INTENSIVE CARE PARAMEDICS.

ARTICLE 3C. HEALTH CARE PEER REVIEW ORGANIZATION PROTECTION.

ARTICLE 3E. PHYSICIAN ASSISTANTS PRACTICE ACT.

ARTICLE 3F. DIRECT PRIMARY CARE PRACTICE.

ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.

ARTICLE 4A. ADMINISTRATION OF ANESTHESIA BY DENTISTS.

ARTICLE 4B. DENTAL LABORATORY SERVICES.

ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.

ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

ARTICLE 7. REGISTERED PROFESSIONAL NURSES.

ARTICLE 7A. PRACTICAL NURSES.

ARTICLE 7B. CENTER FOR NURSING.

ARTICLE 7C. DIALYSIS TECHNICIANS.

ARTICLE 7D. MEDICATION ASSISTIVE PERSONS.

ARTICLE 7E. NURSE HEALTH PROGRAMS.

ARTICLE 7F. NURSE LICENSURE COMPACT.

ARTICLE 8. OPTOMETRISTS.

ARTICLE 8A. EYE CARE CONSUMER PROTECTION LAW.

ARTICLE 9. ACCOUNTANTS.

ARTICLE 10. VETERINARIANS.

ARTICLE 10A. ANIMAL EUTHANASIA TECHNICIANS.

ARTICLE 11. CHIROPODISTS-PODIATRISTS.

ARTICLE 12. ARCHITECTS.

ARTICLE 13. ENGINEERS.

ARTICLE 13A. LAND SURVEYORS.

ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.

ARTICLE 14A. ASSISTANTS TO OSTEOPATHIC PHYSICIANS AND SURGEONS.

ARTICLE 15. NURSE-MIDWIVES.

ARTICLE 16. CHIROPRACTORS.

ARTICLE 17. SANITARIANS.

ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.

ARTICLE 19. FORESTERS.

ARTICLE 20. PHYSICAL THERAPISTS.

ARTICLE 20A. ATHLETIC TRAINERS.

ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.

ARTICLE 22. LANDSCAPE ARCHITECTS.

ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.

ARTICLE 24. QUALIFICATION OF ARMED FORCES HEALTH TECHNICIANS FOR CIVILIAN HEALTH OCCUPATIONS.

ARTICLE 25. NURSING HOME ADMINISTRATORS.

ARTICLE 26. HEARING-AID DEALERS AND FITTERS.

ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

ARTICLE 28. WEST VIRGINIA OCCUPATIONAL THERAPY PRACTICE ACT.

ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.

ARTICLE 29A. STANDARDS FOR PROFESSIONAL FIRE FIGHTERS TRAINING; REGISTERED APPRENTICESHIP AND CERTIFICATION.

ARTICLE 30. SOCIAL WORKERS.

ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.

ARTICLE 32. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.

ARTICLE 33. TATTOO STUDIO BUSINESS.

ARTICLE 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.

ARTICLE 35. BOARD OF DIETITIANS.

ARTICLE 36. ACUPUNCTURISTS.

ARTICLE 37. MASSAGE THERAPISTS.

ARTICLE 38. THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT.

ARTICLE 38A. APPRAISAL MANAGEMENT COMPANIES REGISTRATION ACT.

ARTICLE 39. UNIFORM ATHLETE AGENTS ACT.

ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT.

ARTICLE 41. PHYSICAL THERAPY LICENSURE COMPACT ACT.

ARTICLE 3D. PHYSICIAN HEALTH PROGRAMS.

§30-3D-1. Definitions.

For the purposes of this article, the following words and terms have the meanings ascribed to them, unless the context clearly indicates otherwise.

(1) "Boards" mean the West Virginia Board of Medicine and Board of Osteopathy.

(2) "Major mental illness" means a diagnosis of a mental disorder within the axis of psychotic or affective or mood, or alcohol or chemical abuse, or alcohol or chemical dependency, as stipulated in the International Code of Diagnosis.

(3) "Physician and physician assistant" mean those health care professionals licensed by the West Virginia Board of Medicine or the West Virginia Board of Osteopathy.

(4) "Podiatrist" means those individuals licensed by the West Virginia Board of Medicine to undertake the practice of podiatry.

(5) "Qualifying illness" means the diagnosis of alcohol or substance abuse or alcohol or substance dependency or major mental illness.

§30-3D-2. Physician health program.

(a) The boards are authorized to designate one or more physician health programs. To be eligible for designation by the boards, a physician health program shall:

(1) Agree to make their services available to all licensed West Virginia physicians, podiatrists and physicians' assistants with a qualifying illness;

(2) Provide for the education of physicians, podiatrists and physicians' assistants with respect to the recognition and treatment of alcohol, chemical dependency and mental illness and the availability of the physician health program for qualifying illnesses;

(3) Offer assistance to any person in referring a physician, podiatrist or physicians' assistant for purposes of assessment or treatment or both for a qualifying illness;

(4) Monitor the status of a physician, podiatrist or physicians' assistant who enters treatment for a qualifying illness pursuant to a written, voluntary agreement during treatment;

(5) Monitor the compliance of a physician, podiatrist or physicians' assistant who enters into a written, voluntary agreement for a qualifying illness with the physician health program setting forth a course for recovery;

(6) Agree to accept referrals from the boards to provide monitoring services pursuant to a board order; and

(7) Include such other requirements as the boards deem necessary.

(b) A designated physician health program shall:

(1) Set and collect reasonable fees, grants and donations for administration and services provided;

(2) Work collaboratively with the boards to develop model compliance agreements;

(3) Work collaboratively with the boards to identify qualified providers of services as may be needed by the individuals participating in the physician health program;

(4) Report to the boards no less than annually, statistics including the number of individuals served by license held; the number of compliant individuals; the number of individuals who have successfully completed their agreement period; and the number of individuals reported to a particular board for suspected noncompliance: Provided, That in making such report the physician health program shall not disclose any personally identifiable information relating to any physician, podiatrist or physician assistant participating in a voluntary agreement as provided herein.

(c) The fact that a physician, physician's assistant or podiatrist is participating in a designated physician health program is confidential, as is all physicians, podiatrists or physicians assistants patient information, acquired, created or used by the physician health program, and it shall remain confidential and may not be subject to discovery or subpoena in a civil case. The disclosure of participation and noncompliance to the appropriate board, as required by a compliance agreement, waives the confidentiality as to the appropriate board for disciplinary purposes.

(d) The physician health program and all persons engaged in physician health program activities are immune from civil liability and no civil action may be brought or maintained while the physician health program and all persons engaged in physician health program activities are acting in good faith and within the scope of their duties.

(e) The boards are immune from civil liability and no civil action may be brought or maintained against the boards or the state for an injury alleged to have been the result of the activities of the physician health program or the boards referral of an individual to the physician health program when they are acting in good faith and within the scope of their duties.

§30-3D-3. Discretionary authority of boards to designate programs.

The West Virginia Board of Medicine and the West Virginia Board of Osteopathy have the sole discretion to designate physician health programs for licensees of the respective boards and no provision of this article may be construed to entitle any physician, podiatrist or physician assistant to the creation or designation of a physician health program for any individual qualifying illness or group of qualifying illnesses.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2019 West Virginia Legislature **