W. Va. Code R. § 24-6-4

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

Section 24-6-4 - Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses or Training Permits

4.1. The Board may deny an application for license, place a licensee on probation, limit or restrict a license, suspend a license or revoke any license issued by the Board, upon satisfactory proof that a licensee has been convicted of a felony or is, in his or her professional capacity, engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code '30-14-1 et seq. or the rules of the Board.

4.2. When the Board finds that any applicant is unqualified to be granted a license or finds that any licensee should be disciplined pursuant to the W. Va. Code ''30-14-3 or 30-14A-1 or rules of the Board, the Board may take any one or more of the following actions:

4.2.1. Refuse to grant a license to an applicant;

4.2.2. Administer a public reprimand;

4.2.3. Suspend, limit or restrict any license for a definite period, not to exceed five (5) years;

4.2.4. Require any licensee to participate in a program of education prescribed by the Board;

4.2.5. Revoke any license;

4.2.6. Require the licensee to submit to care, counseling or treatment by physicians or other professional persons.

4.2.7. Assess a civil fine of between $1,000 and $10,000 and/or assess cost of the Board's investigation and administrative proceedings against the licensee;

4.2.8. Require him or her to practice under the direction or supervision of another practitioner; or

4.2.9. Require the licensee to provide a period of free public or charitable service.

4.2.10. In addition to and in conjunction with the foregoing actions, the Board may make a finding adverse to the licensee or applicant, but withhold imposition of judgement and penalty, or it may impose the judgement and penalty but suspend enforcement thereof and place the physician on probation, which probation may be vacated upon noncompliance with such reasonable terms as the Board may impose. In its discretion, the Board may restore and reissue a license to practice osteopathic medicine issued under the W. Va. Code '30-14A-1, et seq., or any antecedent law, and as a condition of reinstatement, it may impose any disciplinary or corrective measure provided for in this rule or in the W. Va. Code '30-14A-1, et seq.

4.3. The Board has the authority to place a licensee in a probationary status and to apply varying conditions upon the licensee during the probationary period.

4.3.1. Conditions for probation: Upon reaching the conclusion that a licensee to practice osteopathic medicine should be placed on probation, the Board may impose any one or more of the following conditions:

a. The Board may appoint one or more Board members to be responsible for having the probationary licensee report for interviews on a regular basis. These interviews may be set up on a periodic basis as determined by the Board and the appointed Board members shall then report back to the Board at its regularly scheduled meeting on the progress of the licensee;

b. The Board may cause the probationary licensee to appear before the Board at such intervals as the Board may determine in order that the licensee may report on his or her progress. During these appearances by the probationary licensee, the Board may ask the probationary licensee questions so as to observe his or her behavior and progress;

c. The Board may select a physician, or request the probationary licensee to select a physician who shall be approved by the Board and the physician shall submit periodic progress reports on the probationary licensee as the Board may direct;

d. The Board may appoint a medical consultant whose responsibility is to handle interviews with the probationary licensee. The probationary licensee shall then report to the appointed medical consultant on a regular basis as determined by the Board, and the medical consultant shall report to the Board at intervals determined by the Board;

e. In cases of alcoholism and/or drug abuse, as a condition of probation, the Board may require that the probationary licensee submit periodic blood samples and/or urine drug screen samples;

f. The Board may require that a probationary licensee report all medications that he or she may be utilizing and that he or she make such reports to the Board, at such intervals as the Board may direct from time to time;

g. The Board may require that the probationary licensee authorize his or her personal physician to submit to the Board, for review, the probationary licensee's medical history, both as to past medical history and any and all new medical history as may become available to the personal physician during the period of the probationary term;

h. The Board may require that prior to the termination of a probationary term, the probationary licensee appear at a regularly scheduled Board meeting and furnish the Board with information as it may then request, and the Board may utilize subpoenas, subpoenas duces tecum and its investigators as it considers necessary to gather facts and evidence to determine compliance by the probationary licensee with the terms of probation; and

i. In those situations where indicated, the Board may impose additional terms of probation, restriction, or revocation upon a licensee who has initially been placed on probation. The period of probation shall not exceed five (5) years from its initiation date.

W. Va. Code R. § 24-6-4