Current through Register Vol. XLI, No. 25, June 21, 2024
Section 24-2-18 - [Effective until 7/1/2024] Denial of Licensure and Discipline18.1. The Board may deny an application for license, or other authorization to practice as a physician assistant and may discipline a physician assistant licensed by the Board who, after a hearing, has been adjudged by the Board as unqualified due to any of the following reasons:18.1.a. Conduct by a physician assistant which is equivalent to any of the grounds cited for the discipline of physicians in W. Va. Code §§ 30-14-11 and 30-14-12a or section 18 of 24 CSR 1, "Licensing Procedures for Osteopathic Physicians;"18.1.b. Failure to comply with any portion of this rule, the provisions of W. Va. Code § 30-3E-1et seq. and any other rule of the Board;18.1.c. Practicing as a physician assistant: 18.1.c.1. In the absence of an active practice notification;18.1.c.2. Outside or beyond the scope of an active practice notification; or18.1.c.3. Beyond his or her level of competence, education, training and/or experience;18.1.d. Prescribing, ordering, administering, or dispensing a prescription drug that the physician assistant is not authorized to prescribe, order, administer or dispense;18.1.e. Prescribing any controlled substance to or for himself or herself, or to or for any member of his or her immediate family;18.1.f. Failure of a physician assistant to:18.1.f.1. Notify the Board that a practice notification has been terminated in the required time frame; or18.1.f.2. Maintain a copy of his or her license and active practice notification in each primary place of practice;18.1.g. Impersonation of a licensed physician or another licensed physician assistant;18.1.h. Misrepresentation that the physician assistant is a physician, that the physician assistant is currently certified by the NCCPA, or that the physician assistant holds any position for which he or she is not qualified by license, training, or experience;18.1.i. Knowingly permitting another person to misrepresent the physician assistant as a physician;18.1.j. Allowing an employment relationship to exert undue influence on sound clinical judgment or on the physician assistant's professional role and patient obligations; or18.1.k. Misrepresentation or concealment of any material fact in obtaining any certification or license or a reinstatement of any certification or license related to his or her practice as a physician assistant.18.2. If a physician assistant is found guilty of or pleads guilty or nolo contendere to any court of competent jurisdiction of any felony involving prescribing, selling, administering, dispensing, mixing or otherwise preparing any prescription drug, including any controlled substance under state or federal law, for other than generally accepted therapeutic purposes in a state or federal court of competent jurisdiction, the Board shall deny an application for licensure or revoke the physician assistant's license without resort to the procedures set forth in section 17 and 18 of this rule. A certified copy of the guilty verdict or plea rendered is sufficient proof for licensure denial or revocation.18.3. If the Board determines that a physician assistant is unqualified, the Board may enter an order denying an application or imposing any limitation, restriction or other disciplinary measure set forth in W. Va. Code §§ 30-14-11 and 30-14-12a and/or section 18 of 24 CSR 1.18.4. In their discretion, the Medical Board and this Board may refer and receive information from one another concerning: 18.4.a. Mutual applicants, registrants, and/or licensees;18.4.b. Information developed during the complaint and investigation process of one board which implicates or otherwise relates to applicants, registrants, and/or licensees of the other board;18.4.c. Complaints received or discovered by one board which relates to mutual applicants, registrants, and/or licensees or applicants, registrants, and/or licensees of the other board.