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Home » US Law » 2022 West Virginia Code » Chapter 30. Professions and Occupations » Article 34. Board of Respiratory Care Practitioners

§30-34-1. License Required to Practice

In order to protect the life, health and safety of the public, any person practicing or offering to practice as a licensed, certified or registered respiratory therapist is required to submit evidence that he or she is qualified to practice, and is licensed as provided in this article. It is unlawful for any person not […]

§30-34-10. Prohibitions and Penalties

It shall be a misdemeanor for any person, including any corporation or association, to: (a) Sell or fraudulently obtain or furnish any respiratory care provider license or record or aid or abet therein; (b) Practice as a respiratory care provider under cover of any diploma, license or record illegally or fraudulently obtained or signed or […]

§30-34-11. Examination Requirement; Termination of Temporary Licenses

(a) After the establishment of the board of respiratory care, a license shall be issued to applicants who, on the effective date of this article, have passed the National Board of Respiratory Care, Inc., entry-level or registry examinations, or their equivalent as approved by the board. (b) Applicants who have not passed either of these […]

§30-34-12. Professional Identification

(a) A person holding a license to practice respiratory care as a respiratory therapist in this state who has successfully completed the entry level examination of the national board of respiratory care or any successor organization may use the title "licensed respiratory therapist certified" and the abbreviation "LRTC." (b) A person holding a license to […]

§30-34-13. Disciplinary Criteria

The board may revoke, suspend or refuse to renew any license, or place on probation, or otherwise reprimand a licensee or permit holder, or deny a license to an applicant if it finds that the person: (a) Is guilty of fraud or deceit in procuring or attempting to procure a license or renewal of a […]

§30-34-14. Due Process Procedure

(a) Upon filing with the board a written complaint charging a person with being guilty of any of the acts described in section thirteen of this article, the administrative secretary or other authorized employee of the board shall provide a copy of the complaint or list of allegations to the person about whom the complaint […]

§30-34-15. Exceptions

(a) A person may not practice respiratory care or represent himself or herself to be a respiratory care practitioner unless he or she is licensed under this article except as otherwise provided by this article. (b) This article does not prohibit: (1) The practice of respiratory care which is an integral part of the program […]

§30-34-2. Definitions

(a) "Board" means the West Virginia board for respiratory care; (b) "Formal training" means a supervised, structured educational activity that includes preclinical didactic and laboratory activities and clinical activities. The training must be approved by an accrediting agency recognized by the board. It shall include an evaluation of competence through standardized testing mechanisms that the […]

§30-34-3. Board of Respiratory Care

(a) There is hereby created the West Virginia board of respiratory care. The board shall consist of seven members, appointed by the Governor with the advice and consent of the Senate, and shall consist of one lay citizen member; one practicing physician member currently licensed in West Virginia with board certification, clinical training and experience […]

§30-34-4. Organization and Meetings of Board; Quorum; Expenses

(a) The board shall meet at least twice a year and elect annually a chairperson and a vice chairperson from its members. The board may hold other meetings during the year as the chairperson or board deem necessary to transact its business. (b) A majority, including one officer, constitutes a quorum at any meeting, but […]

§30-34-5. Board Responsibilities

The board shall: (a) Provide public notice to all state hospitals and to all persons currently practicing as respiratory care practitioners that a license shall be required to continue practicing as a respiratory care technician or respiratory therapist, after June 30, 1996; (b) Examine, license and renew the licenses of duly qualified applicants; (c) Maintain […]

§30-34-6. Powers of the Board; Fund

(a) The board may: (1) Adopt rules pursuant to article three, chapter twenty-nine-a of this code, as may be necessary to enable it to effect the provisions of this article;

§30-34-6a. Rulemaking Authority

(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including: (1) Standards and requirements for licensure and permits to practice respiratory care;

§30-34-8. Criteria for Licensure

(a) Upon payment of the proper fees, an applicant for a license to practice respiratory care shall submit to the board written evidence, verified by oath, that the applicant: (1) Has completed an approved respiratory care educational program; and

§30-34-9. Temporary Student Permits

(a) Subject to the provisions of subsection (d) of this section, the board may issue a temporary student permit to practice respiratory care for a period of up to six months to a student enrolled in a respiratory care educational program which is approved by the board if the student submits: (1) A student work […]