West Virginia Code of State Rules
Agency 11 - Medicine
Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE
Series 11-12 - PERMITTING AND DISCIPLINARY PROCEDURES: EDUCATIONAL PERMITS FOR GRADUATE MEDICAL INTERNS, RESIDENTS AND FELLOWS
Section 11-12-8 - Denial of Permit and Discipline

Universal Citation: 11 WV Code of State Rules 11-12-8

Current through Register Vol. XLI, No. 38, September 20, 2024

8.1. If an educational permit applicant or holder is found guilty of, or pleads guilty or nolo contendere to, any felony involving prescribing, selling, administering, dispensing, mixing or otherwise preparing any prescription drug, including any controlled substance for other than generally accepted therapeutic purposes under state or federal law and in a state or federal court of competent jurisdiction, the Board shall deny the permit application or revoke the physician's permit without resort to the procedures set forth in section 8 of this rule. A certified copy of the guilty verdict or plea rendered is sufficient proof for permit denial or revocation.

8.2. The Board shall deny an application for an educational permit if the applicant:

8.2.1. Is ineligible based upon the criteria set forth in W. Va. Code § 30-3-16 or this rule;

8.2.2. Has ever held a license to practice medicine and surgery in West Virginia; or

8.2.3. Has ever had an educational permit or a license to practice medicine and surgery revoked, suspended or surrendered in any jurisdiction unless such action is no longer in effect and the authorization to practice has been restored.

8.3. The Board may deny an application for an educational permit and/or may discipline a permit holder who, after a hearing, has been adjudged by the Board as unqualified due to any of the following reasons:

8.3.1. Conduct by a permit holder which is equivalent to any of the grounds cited for the discipline in W. Va. Code § 30-3-14(c) or section 12 of the Board's rule 11 CSR 1A;

8.3.2. Failure to comply with any portion of this rule;

8.3.3. Practicing medicine or surgery outside of or beyond the scope of the permit holder's graduate medical training program; or

8.3.4. Prescribing any controlled substance to or for himself or herself, his or her spouse, or for any other member of his or her immediate family including parents, siblings, children and their spouses.

8.4. If the Board determines that a physician is unqualified to hold an educational permit, 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.

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