Current through Register Vol. XLI, No. 25, June 21, 2024
Section 11-9-11 - Disciplinary Action Against a Radiologist Assistant11.1. The certification of a radiologist assistant shall be restricted, suspended or revoked by the Board of Medicine in accordance with all the alternatives set out at W. Va. Code § 30-3-14(i) when, after due notice and a hearing in accordance with the manner and form prescribed by the contested case hearing procedure, W. Va. Code § 29A-5-1 et seq. and rules of the Board of Medicine set out in Procedural Rule 11 CSR 3, if it is found: a. That the assistant has held himself or herself out or permitted another person to represent him or her as a licensed radiologist.b. That the assistant has in fact performed other than at the direction and under the supervision of a supervising radiologist licensed by the Board of Medicine.c. That the assistant has been delegated and performed a task or tasks beyond his or her competence and not in accordance with the job description approved by the Board of Medicine.d. That the assistant is a habitual user of intoxicants or drugs to such an extent that he or she is unable to safely perform as an assistant to the radiologist.e. That the assistant has been convicted in any court, state or federal, of any felony or other criminal offense involving moral turpitude.f. That the assistant has been adjudicated a mental incompetent or his or her mental condition renders him or her unable to safely perform as an assistant to a radiologist.g. That the assistant has failed to comply with any of the provisions of this rule or the West Virginia Medical Practice Act; W. Va. Code § 30-3-1 et seq.; or h. That the assistant is guilty of unprofessional conduct which includes, but is not limited to, the following:1. Misrepresentation or concealment of any material fact in obtaining any certificate or license or a reinstatement of any certificate or license.2. The commission of an offense against any provision of state law related to the practice of radiologist assistants, or any rule promulgated under the law.3. The commission of any act involving moral turpitude, dishonesty or corruption, when the act directly or indirectly affects the health, welfare or safety of citizens of this State. If the act constitutes a crime, conviction of the crime in a criminal proceeding is not a condition precedent to disciplinary action.4. Conviction of a felony, as defined under the laws of this State or under the laws of any other jurisdiction.5. Misconduct in his or her practice as a radiologist assistant or performing tasks fraudulently, beyond his or her authorized scope of practice, with incompetence or with negligence on a particular occasion or negligence on repeated occasions.6. Performing tasks as a radiologist assistant while the ability to do so is impaired by alcohol, drugs, physical disability or mental instability.7. Impersonation of a licensed radiologist or another certified radiologist assistant.8. Offering, undertaking or agreeing to cure or treat disease by a secret method, procedure, treatment or medicine; treating or prescribing for any human condition by a method, means or procedure which the radiologist assistant refuses to divulge upon demand of the Board of Medicine; or using methods or treatment processes not accepted by a reasonable segment of licensed radiologists.9. Prescribing a prescription drug, including any controlled substance under state or federal law.10. Conviction of a misdemeanor or a felony, as defined under the laws of this State or under the laws of any other jurisdiction, if the offense relates to the practice of medical imaging.