West Virginia Code 30-36-10 – Qualifications of applicants for licensure; and qualifications for certificate holders
(a) To qualify for a license, an applicant shall:
Terms Used In West Virginia Code 30-36-10
- Acupuncture: means a form of health care, based on a theory of energetic physiology, that describes the interrelationship of the body organs or functions with an associated point or combination of points. See West Virginia Code 30-36-2
- Auricular acudetox: means auricular detoxification therapy, as approved by the board or as stipulated by the National Acupuncture Detoxification Association (NADA) for the treatment of substance abuse, alcoholism, chemical dependency, detoxification, behavioral therapy, or trauma recovery. See West Virginia Code 30-36-2
- Board: means the West Virginia Acupuncture Board. See West Virginia Code 30-36-2
- Certificate holder: means an authorization issued by the board to persons trained in auricular acudetox who meet the qualifications, established pursuant to this article and by board rules, to be certified as an auricular detoxification specialist (ADS). See West Virginia Code 30-36-2
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means a license issued by the board to practice acupuncture. See West Virginia Code 30-36-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Be free of a felony conviction bearing a rational nexus to the profession pursuant to § 30-1-24 of this code;
(2) Be at least 18 years of age;
(3) Demonstrate competence in performing acupuncture by meeting one of the following standards for education, training, or demonstrated experience:
(A) Graduation from a course of training of at least 1,800 hours, including 300 clinical hours, that is:
(i) Approved by the national accreditation commission for schools and colleges of acupuncture and oriental medicine; or
(ii) Found by the board to be equivalent to a course approved by the national accreditation commission for schools and colleges of acupuncture and oriental medicine;
(B) Achievement of a passing score on an examination that is:
(i) Given by the national commission for the certification of acupuncturists; or
(ii) Determined by the board to be equivalent to the examination given by the national commission for the certification of acupuncturists;
(C) Successful completion of an apprenticeship consisting of at least 2,700 hours within a five-year period under the direction of an individual properly approved by that jurisdiction to perform acupuncture; or
(D) Performance of the practice of acupuncture in accordance with the law of another jurisdiction or jurisdictions for a period of at least three years within the five years immediately prior to application that consisted of at least 500 patient visits per year; and
(4) Achievement of any other qualifications that the board establishes in rules.
(b) Notwithstanding any other provisions of this code to the contrary, to qualify for a certificate as an auricular detoxification specialist, an applicant shall:
(1) Be at least 18 years old;
(2) Be authorized in this state to engage in any of the following:
(A) Physician assistant, pursuant to §30-3E-1 et seq. of this code;
(B) Dentist, pursuant to §30-4-1 et seq. of this code;
(C) Registered professional nurse, pursuant to §30-7-1 et seq. of this code;
(D) Practical nurse, pursuant to §30-7A-1 et seq. of this code;
(E) Psychologist, pursuant to §30-21-1 et seq. of this code;
(F) Occupational therapist, pursuant to §30-28-1 et seq. of this code;
(G) Social worker, pursuant to §30-30-1 et seq. of this code;
(H) Professional counselor, pursuant to §30-31-1 et seq. of this code;
(I) Emergency medical services provider, pursuant to §16-4C-1 et seq. of this code;
(J) Corrections medical providers, pursuant to §15A-1-1 et seq. of this code; or
(K) Any other profession the board determines is eligible to engage in the practice of auricular acudetox.
(3) Provide evidence of successful completion of a board-approved auricular acudetox program;
(4) Submit a completed application as prescribed by the board; and
(5) Submit the appropriate fees as provided for by legislative rule.
(c) A certificate may be issued to a retired or inactive professional as described in §30-36-10(b) of this code: Provided, That the professional meets the qualifications for a certificate holder and the last three years of professional activity were performed in good standing: Provided, however, That a person who holds a certificate or its equivalent in another jurisdiction as an auricular detoxification specialist may be approved by the board to practice auricular acudetox during a public health emergency or state of emergency for a duration to be provided for in legislative rules of the board.