W. Va. Code R. § 11-1B-3

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 11-1B-3 - [Effective until 7/1/2024] Qualification and Application for Licensure to Practice as a Physician Assistant

3.1. Minimum qualifications for licensure as a physician assistant are set forth in W. Va. Code § 30-3E-4.

3.2. An application for a license to practice as a physician assistant shall be completed on a form provided by the Board, which is available on the Board's website. The Board shall not consider an application or decide upon the issuance of a license to an applicant until the complete application, including all third-party documentation or verification, is on file with the Board and the Board has had at least fifteen days to review the application. An application for licensure must be accompanied by payment of a nonrefundable application fee in an amount established by 11 CSR 4 unless the applicant has applied for and been granted an initial licensing fee waiver as set forth in 11 CSR 13.

3.3. Applicants must provide the following information:

3.3.a. The applicant's name, email address, home address, preferred mailing address and primary practice location address(es) and telephone numbers;

3.3.b. Demographic information of the applicant, such as date of birth, sex, etc.;

3.3.c. A photograph taken within the previous twelve months which substantially resembles the applicant;

3.3.d. A copy of the individual's birth certificate, certificate of naturalization, or passport to be used in identifying the applicant, and verifying his or her date of birth and the appropriate spelling of his or her name;

3.3.e. Documentation establishing that the applicant:

3.3.e.1. Obtained a baccalaureate or master's degree from an accredited program of instruction for physician assistants; or

3.3.e.2. Graduated from an approved program of instruction in primary health care or surgery prior to July 1, 1994; or

3.3.e.3. Was certified by the Board as a "Type B" physician assistant prior to July 1, 1983;

3.3.f. Documentation that the applicant has passed the Physician Assistant National Certifying Examination administered by the NCCPA and documentation establishing that the applicant:

3.3.f.1. Has a current certification from the NCCPA; or

3.3.f.2. Has a current license in good standing from a state that does not require a physician assistant to maintain national certification;

3.3.g. A report from the National Practitioner Data Bank and documentation and/or certification which establishes that the applicant does not hold a physician assistant license, certification or registration in any jurisdiction which is currently suspended or revoked;

3.3.h. Information with respect to the applicant's professional practice, character and fitness to practice as a physician assistant;

3.3.i. Other information as determined by the Board which relates to whether the applicant is mentally and physically able to engage safely in practice as a physician assistant; and

3.3.j. Additional information identified by the Board for licensure.

3.4. In addition to the requirements for licensure set forth elsewhere in this legislative rule, all applicants for an initial license to practice as a physician assistant in West Virginia shall request and submit to the Board the results of a state and a national criminal history record check.

3.5. The purpose of the criminal history record check is to assist the Board in obtaining information that may relate to the applicant's fitness for licensure.

3.6. In addition to the State Police, the Board may contract with and designate a company specializing in the services required by this section instead of requiring the applicant to apply directly to the West Virginia State Police or similar out-of-state agency for the criminal history records checks. Provided, that any such company must utilize protocols consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact.

3.7. The applicant shall furnish to the State Police, or other organization duly designated by the Board, a full set of fingerprints and any additional information required to complete the criminal history record check.

3.8. The applicant is responsible for any fees required by the State Police, or other organization duly designated by the Board, for the actual costs of the fingerprinting and the actual costs of conducting a complete criminal history record check.

3.9. The Board may require the applicant to obtain a criminal history records check from a similar Board approved agency or organization in the state of the applicant's residence, if outside of West Virginia.

3.10. The applicant shall authorize the release of all records obtained by the criminal history record check to the Board.

3.11. A criminal history record check submitted in support of an application for licensure must have been requested by the applicant no earlier than twelve months immediately prior to the Board's receipt of the applicant's electronic application for licensure.

3.12. An initial licensure application is not complete until the Board receives the results of a state and a national criminal history record check conducted by the State Police or another entity duly authorized by the Board. The Board shall not grant an application for licensure submitted by any applicant who fails or refuses to submit the criminal history record check required by this section.

3.13. Should criminal offenses be reported on an applicant's criminal history record check, the Board shall consider the nature, severity, and recency of offenses, as well as rehabilitation and other factors on a case by case basis for licensure.

3.14. The results of the state and national criminal history record check may not be released to or by a private entity except:

3.14.a. To the individual who is the subject of the criminal history record check;

3.14.b. With the written authorization of the individual who is the subject of the criminal history record check; or

3.14.c. Pursuant to a court order.

3.15. Criminal history record checks and related records are not public records for the purposes of W. Va. Code § 29B-1-1 et. seq.

3.16. The Board may require an applicant to provide original documents and/or certified documents in support of an application for licensure. The application, together with all documents submitted, becomes the property of the Board and shall not be returned.

3.17. An applicant may be required to appear before Board members at the meeting at which his or her application is to be considered.

3.18. The burden of satisfying the Board of the applicant's qualifications for licensure is upon the applicant. The Board may deny an application for a physician assistant license to any applicant determined to be unqualified for licensure by the Board.

W. Va. Code R. § 11-1B-3