W. Va. Code R. § 11-1A-5

Current through Register Vol. XLI, No. 25, June 21, 2024
Section 11-1A-5 - Qualification and Application for an Administrative Medicine License; Conversion of License Type
5.1. An applicant for an administrative medicine license shall meet the qualifications and requirements for initial medical licensure set forth in W. Va. Code § 30-3-10 and in this rule, except that administrative medicine licensure applicants do not need to demonstrate active clinical practice in the two year period preceding application for administrative medical licensure.
5.2. For consideration of an administrative medicine license, a physician shall submit:
5.2.a. An application and fee for an initial medical license as set forth in Section 4 of this rule;
5.2.b. Evidence of competency to practice administrative medicine; and
5.2.c. A notarized declaration, on a form provided by the Board, that the applicant shall not practice clinical medicine and surgery to West Virginia patients while holding an administrative medicine license issued by the Board.
5.3. The Board will not consider an application or decide upon the issuance of an administrative medicine license to an applicant until the complete application, including all third-party documentation and/or verification, is on file with the Board and the Board has had at least fifteen days to review the application.
5.4. An administrative medicine licensee may not:
5.4.a. Practice clinical medicine and surgery;
5.4.b. Prescribe, administer, or dispense any medication;
5.4.c. Delegate medical acts or prescriptive authority; or
5.4.d. Supervise the practice of clinical providers.
5.5. Administrative medicine licensees shall be required to pay the same fees and meet all other requirements for license renewal as a person holding an active license to practice medicine and surgery. Administrative medicine licenses are renewable as set forth in section 10 of this Rule, and licensees must comply with continuing medical education requirements set forth in W. Va. Code R. § 11-6-1et. seq.
5.6. Administrative medicine licensees are subject to the requirements of the West Virginia Medical Practice Act and Board rules, and shall comply with all professional conduct standards set forth therein which do not relate exclusively to the practice of clinical medicine and surgery.
5.7. Any physician who holds an unexpired license may petition the Board, without fee, for license conversion to an administrative license if:
5.7.a. The physician holds an unrestricted medical license, seeks to self-limit practice to administrative medicine and submits a notarized declaration as set forth in subdivision 5.3.2; or
5.7.b. The physician's West Virginia medical license is restricted to administrative medicine only by a board order based solely upon:
5.7.b.1. The physician's voluntary decision to self-limit practice to administrative medicine; or
5.7.b.2. The physician's absence from recent clinical practice.
5.8. Upon conversion of a license to practice medicine and surgery to an administrative medicine license, the Board shall terminate any order limiting the licensee's practice to administrative medicine.
5.9. Administrative medicine licensees may not be eligible to participate in the interstate medical licensure compact utilizing West Virginia as the physician's state of principal licensure. A West Virginia medical license granted to a physician pursuant to the IMLC licensing process may not be converted to an administrative license. However, IMLC pathway licensees may apply anew for administrative medicine licensure.
5.10. An administrative medicine licensee may apply for a full and unrestricted license to practice medicine and surgery pursuant to sections four and five of this Rule. Any such application shall include evidence that the physician has the clinical competence to practice medicine under an unrestricted license and meets all applicable eligibility requirements for an unrestricted license. The applicant shall:
5.10.a. Demonstrate that any absence from clinical practice has not resulted in a loss of current skills or knowledge;
5.10.b. Provide proof satisfactory to the Board that the applicant has taken effective measures to ensure that his or her clinical skills and knowledge are current, including, if necessary, passage of any examinations deemed appropriate by the Board; and
5.10.c. Propose a plan designed to ensure the physician's safe reentry into clinical practice.

W. Va. Code R. § 11-1A-5