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§30-8-1. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice optometry in this state without a license or permit issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are an optometrist unless the person has been duly licensed or […]

§30-8-10. Exceptions From Licensure

The following persons are exempt from licensure under this article: (1) Persons licensed to practice medicine and surgery under article three of this chapter or osteopathy under article fourteen of this chapter; and

§30-8-11. Issuance of License; Renewal of License; Renewal Fee

(a) A licensee shall annually or biennially on or before July 1, renew his or her license by completing a form prescribed by the board, paying the renewal fee and submitting any other information required by the board. (b) The board shall charge a fee for renewal of a license, and a late fee for […]

§30-8-12. Temporary Permits

(a) Upon proper application and the payment of a fee, the board may issue, without examination, a temporary permit to engage in the practice of optometry in this state. (b) If the permittee receives a passing score on the examination, a temporary permit expires thirty days after the permittee receives the results of the examination. […]

§30-8-13. License From Another Jurisdiction; License to Practice in This State

(a) The board may issue a license to practice to an applicant of good moral character who holds a valid license or other authorization to practice optometry from another jurisdiction, if the applicant demonstrates that he or she: (1) Holds a license or other authorization to practice optometry in another state which requirements are substantially […]

§30-8-14. Prescriptive Authority

(a) A licensee may prescribe: (1) Topical pharmaceutical agents; (2) oral pharmaceutical agents that are included in the drug formulary established by the board pursuant to section six of this article or new drugs or new drug indications added by a decision of the board; and (3) contact lenses that contain and deliver pharmaceutical agents […]

§30-8-15. Administration of Injectable Pharmaceutical Agents

(a) A licensee may not administer pharmaceutical agents by injection, other than epinephrine to treat emergency cases of anaphylaxis or anaphylactic shock, unless the provisions of this section, along with any legislative rule promulgated pursuant to this section, have been met. (b) Additional pharmaceutical agents by injection may be included in the rules for legislative […]

§30-8-17. Optometric Business Entities

(a) Only licensees may own a business entity that practices optometry. (b) A licensee may be employed by the business entity. (c) A business entity shall cease to engage in the practice of optometry when it is not wholly owned by licensees: Provided, That the personal representative of a deceased shareholder shall have a period, […]

§30-8-19. Procedures for Hearing; Right of Appeal

(a) Hearings shall be governed by the provisions of section eight, article one of this chapter. (b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing. (c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall […]

§30-8-2. Applicable Law

The practice of optometry and the Board of Optometry are subject to the provisions of article one of this chapter, the provisions of this article and the board's rules.

§30-8-20. Judicial Review

Any licensee, certificate holder or permittee adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this […]

§30-8-21. Criminal Proceedings; Penalties

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee, certificate holder or permittee has committed a criminal offense under this article, the board may bring its information to the attention of an appropriate law-enforcement official. (b) A person violating section one of […]

§30-8-22. Single Act Evidence of Practice

In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.

§30-8-3. Definitions

As used in this article: (a) "Appendages" means the eyelids, the eyebrows, the conjunctiva and the lacrimal apparatus. (b) "Applicant" means any person making application for a license, certificate or temporary permit under the provisions of this article. (c) "Board" means the West Virginia Board of Optometry. (d) "Business entity" means any firm, partnership, association, […]

§30-8-4. Board of Optometry

(a) The West Virginia Board of Optometry is continued. The members of the board in office on July 1, 2010, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified. (b) The board shall consist of the following members appointed by the Governor, by […]

§30-8-5. Powers and Duties of the Board

(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law. (b) The board shall: (1) Hold meetings, conduct hearings and administer examinations;

§30-8-6. Rulemaking

(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 licenses, certificates and permits;

§30-8-7. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "West Virginia Board of Optometry Fund", which is continued. The fund is used by the board for the administration of this article. Except as may be provided […]