W. Va. Code R. § 24-9-5

Current through Register Vol. XLI, No. 25, June 21, 2024
Section 24-9-5 - Practice and Emergency Temporary Permits for Physicians and Physician Assistants with Inactive West Virginia Licenses
5.1. Physicians and physician assistants who, at one time, possessed a license issued by the Board which was not revoked, but who are now retired or in inactive status, may qualify for an emergency temporary permit upon the following conditions being met:
5.1.a. The applicant must complete an application approved by the Board. The application for physicians is available on the Board's website at: https://www.wvbdosteo.org/licensing/do/apply/temp/. The application for physician assistants is available on the Board's website at: https://www.wvbdosteo.org/licensing/pa/apply/temp/;
5.1.b. The Board shall verify that the applicant at one time had a full and unrestricted license issued in West Virginia by the Board;
5.1.c. The applicant must certify that he or she has practiced clinical medicine within the past five years;
5.1.d. The applicant must have maintained an active and unrestricted license continuously for the five-year period prior to going inactive; and
5.1.e. The applicant shall not have received any public discipline or inactivated his or her license while under investigation with such inactivation being reported to the National Practitioner Data Bank.
5.2. A physician or physician assistant practicing under this rule shall limit his or her medical practice to the area of practice that he or she engaged in prior to going inactive or another area in which he or she is competent to provide medical care.
5.3. The Board shall have jurisdiction over all physicians and physician assistants practicing under this rule for all purposes set forth in applicable federal or state law, including the Board's rules and Chapter 30 of the West Virginia Code, and such jurisdiction shall continue in effect even after such physician or physician assistant has stopped practicing medicine under this rule or the emergency temporary permit has expired.
5.4. During the State of Emergency or State of Preparedness, physicians holding an emergency temporary permit shall have the same rights and privileges as those physicians granted a full license by the Board. However, in order to best serve the public interest, the Board may limit the scope of practice of the physician practicing under this rule.
5.5. During the State of Emergency or State of Preparedness, physician assistants holding an emergency temporary permit shall have the same rights and privileges as those physician assistants granted a full license by the Board. However, in order to best serve the public interest, the Board may limit the scope of practice of the physician assistant practicing under this rule.
5.6. Emergency temporary permits shall automatically terminate when the State of Emergency or State of Preparedness is lifted.
5.7. Physicians and physician assistants holding emergency temporary permits under this section shall not receive any compensation outside of their usual compensation for the provision of medical services during a disaster or emergency.
5.8. Applying for an emergency temporary permit does not require the payment of any fee.

W. Va. Code R. § 24-9-5