Current through Register Vol. XLI, No. 52, December 27, 2024
18.1. The Board may deny an application for
license, or other authorization to practice as a physician assistant and may
discipline a physician assistant licensed or registered by the Board who, after
a hearing, has been adjudged by the Board as unqualified due to any of the
following reasons:
18.1.1. Conduct by a
physician assistant which is equivalent to any of the grounds cited for the
discipline of physicians or podiatric physicians in W. Va. Code §
30-3-14(c) or
section 12 of the Board's rule 11 CSR 1A;
18.1.2. Failure to comply with any portion of
this rule, the provisions of W. Va. Code §
30-3E-1
et seq.
and any other rule of the Board;
18.1.3. Practicing as a physician assistant:
18.1.3.a. In the absence of an active
practice notification;
18.1.3.b.
Outside or beyond the scope of an active practice notification; or
18.1.3.c. Beyond his or her level of
competence, education, training and/or experience;
18.1.4. Prescribing, ordering, administering
or dispensing a prescription drug that the physician assistant is not
authorized to prescribe, order, administer or dispense.
18.1.5. Prescribing any controlled substance
to or for himself or herself, or to or for any member of his or her immediate
family;
18.1.6. Failure of a
physician assistant to:
18.1.6.a. Notify the
Board that an active practice notification has been terminated in the required
time frame; or
18.1.6.b. Maintain a
copy of his or her license and active practice notification in each primary
place of practice;
18.1.7. Impersonation of a licensed
physician, podiatric physician or another licensed physician
assistant;
18.1.8.
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;
18.1.9.
Knowingly permitting another person to misrepresent the physician assistant as
a physician;
18.1.10. Allowing an
employment relationship to exert undue influence on sound clinical judgment or
on the physician assistant's professional role and patient obligations;
or
18.1.11. Misrepresentation or
concealment of any material fact in obtaining any certification, registration,
or license or a reinstatement or reactivation of any certification,
registration 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 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 §
30-3-14(j) and/or
11 CSR 1A.
18.4. In their
discretion, the Board and the Osteopathic Board may refer and receive
information from one another concerning:
18.4.1. Mutual applicants, registrants and/or
licensees;
18.4.2. 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;
18.4.3. Any
Complaints received or discovered by one board which relate to mutual
applicants, registrants and/or licensees or applicants, registrants and/or
licensees of the other board.
