West Virginia Code of State Rules
Agency 32 - Acupuncture
Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE
Series 32-06 - Standards Of Practice Of Acupuncture By Licensed Acupuncturists
Section 32-6-10 - Professional Liability Insurance

10.1.1. Professional liability coverage in an amount not less that $10,000 per claim, with a minimum annual aggregate of not less than $30,000 from an authorized insurer.

10.1.2. An unexpired, irrevocable letter of credit in the amount not less than $10,000 per claim, with a minimum aggregate availability of credit of not less than $30,000. The letter of credit shall be payable to the acupuncturist as beneficiary upon presentment of a final judgement indicating liability and awarding damages to be paid by the acupuncturist or upon presentment of a settlement agreement signed by all parties to the agreement when the final judgement or settlement is a result of a claim arising out of the rendering of, or the failure to render, acupuncture services. The letter of credit shall be nonassignable and nontransferable. The letter of credit shall be issued by any bank or savings association organized under the W. Va. Code.

10.1.3. A surety bond in an amount not less than $10,000 per claim, with a minimum annual aggregate of not less than $30,000 written by a company licensed to do business in West Virginia.

10.2.1. Any acupuncturist who practices exclusively as an officer, employee or agent of the federal government or of the state of West Virginia or its agencies or subdivisions. For the purposes of this rule, an agent of the State of West Virginia, its agencies or its subdivisions is a person who is eligible for coverage under any plan offered by the State of West Virginia;

10.2.2. Any licensee whose license has become inactive and who is not practicing in this state. Any licensee applying for reactivation of a license shall show either that the licensee maintained tail insurance coverage which provided liability coverage for incidents that occurred on or after January 1, 1998, or the initial date of licensure in West Virginia, whichever is later, and incidents that occurred before the date on which the license became inactive; or such licensee shall submit an affidavit stating that the licensee has no unsatisfied medical malpractice judgements or settlements at the time of application for reactivation;

10.2.3. Any licensee who practices only in conjunction with his or her teaching duties at an accredited school. That licensee may engage in the practice of acupuncture to the extent that the practice is incidental to and a necessary part of duties in connection with the teaching position in the school;

10.2.4. Any licensee holding an active license under W. Va. Code § 30-36-1 et seq. who is not practicing in West Virginia. If that person initiates or resumes practice in this state, he or she shall notify the Board of the activity and fulfill his or her obligation to obtain coverage; and

10.2.5. Any licensee who can demonstrate to the Board that he or she has no malpractice exposure in the State of West Virginia.