5-16-1 Short title; legislative intent
5-16-2 Definitions
5-16-3 Composition of Public Employees Insurance Agency
5-16-4 Public Employees Insurance Agency Finance Board
5-16-5 Powers and duties of the finance board
5-16-5a Retiree premium subsidy from Retiree Health Benefit Trust for hires prior to July 1, 2010
5-16-5b Creation of trust for retirees hired on or after July 1, 2010
5-16-7 Authorization to establish plans; mandated benefits; optional plans; separate rating for claims experience purposes
5-16-7a Additional mandated benefits; third party reimbursement for colorectal cancer examination and laboratory testing
5-16-7b Coverage for telehealth services
5-16-7c Required coverage for reconstruction surgery following mastectomies
5-16-7d Coverage for patient cost of clinical trials
5-16-7e Definitions
5-16-8 Conditions of insurance program
5-16-8a Air-ambulance fees
5-16-9 Authorization to execute contracts
5-16-10 Contract provisions for group hospital and surgical, group major medical, group prescription drug and group life, and accidental death insurance for retired employees, their spouses, and dependents
5-16-11 To whom benefits paid
5-16-12 Misrepresentation by employer, employee or provider; penalty
5-16-12a Inspections; violations and penalties
5-16-12b Privileges and immunity
5-16-13 Payment of costs by employer and employee; spouse and dependent coverage; involuntary employee termination coverage; conversion of annual leave and sick leave authorized for health or retirement benefits; authorization for retiree participation; continuat
5-16-14 Program qualifying for favorable federal income tax treatment
5-16-15 Optional dental, optical, disability, and prepaid retirement plan, and audiology and hearing-aid service plan
5-16-16 Preferred provider plan
5-16-17 Preexisting conditions not covered; defined
5-16-18 Payment of costs by employer; schedule of insurance; special funds created; duties of Treasurer with respect thereto
5-16-19 Authorization to take advantage of acts of congress, accept gifts, grants and matching funds
5-16-20 Expense fund
5-16-21 No member or employee of public employees insurance agency shall gain directly or indirectly from any contract or contracts provided for hereunder; criminal penalties
5-16-22 Permissive participation; exemptions
5-16-23 Members of Legislature may be covered if cost of the entire coverage is paid by such members
5-16-24 Rules for administration of article; eligibility of certain retired employees and dependents of deceased members for coverage; employees on medical leave of absence entitled to coverage; life insurance
5-16-24a Paper transactions
5-16-25 Reserve fund
5-16-26 Quarterly report
5-16-7f Prior authorization
5-16-7g Coverage for prescription insulin drugs
5-16-28 Incorporation of the coverage for 12-month refill for contraceptive drugs
5-16-29 Limitation on PEIA participation
5-16-30 PEIA solvency
5-16-31 PEIA actuarial study
5-16-32 Effective date of amendments

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Terms Used In West Virginia Code > Chapter 5 > Article 16 - West Virginia Public Employees Insurance Act

  • Accredited: means a school, college or university accredited by the Landscape Architectural Accreditation Board (LAAB) or any other accrediting body recognized by the board. See West Virginia Code 30-22-4
  • 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
  • Allegation: something that someone says happened.
  • Analysis assignment: means an analysis, opinion, or conclusion prepared by a real estate appraiser that relates to the nature, quality, or utility of identified real estate or identified real property. See West Virginia Code 30-38-3
  • Animal: means any animal other than human, and the term includes fowl, birds, amphibians, fish, and reptiles, wild or domestic, living or dead. See West Virginia Code 30-10-3
  • Animal control facility: means a municipal or county operated humane society or animal shelter incorporated and organized under the laws of this state, or a humane society or an animal shelter classified as 501(c)(3) by the Internal Revenue Service, with at least one certified animal euthanasia technician. See West Virginia Code 30-10-3
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appendages: means the eyelids, the eyebrows, the conjunctiva and the lacrimal apparatus. See West Virginia Code 30-8-3
  • Applicant: means any person making application for a license, certificate or temporary permit under the provisions of this article. See West Virginia Code 30-8-3
  • Applicant: means a person making application for a license, certificate, registration or permit, under the provisions of this article. See West Virginia Code 30-10-3
  • Applicant: means a person making application for a license or a firm making application for a certificate of authorization, under the provisions of this article. See West Virginia Code 30-13A-3
  • Applicant: means any person making application for an original or renewal license or a temporary permit under the provisions of this article. See West Virginia Code 30-20-3
  • Applicant: means any person making application for an original or renewal license to act as an athletic trainer under the provisions of this article. See West Virginia Code 30-20A-3
  • Applicant: means any person making application for an original or renewal license or a temporary permit under the provisions of this article. See West Virginia Code 30-21-2
  • Applicant: means a person making application for a license or a permit, or a firm making application for a certificate of authorization, under the provisions of this article. See West Virginia Code 30-22-4
  • Applicant: means any person making application for an original or renewal license or a temporary or emergency permit under the provisions of this article. See West Virginia Code 30-25-3
  • Applicant: means any person making application for a license or a permit under this article. See West Virginia Code 30-30-3
  • Applicant: means a person making an application for a license or renewal under the provisions of this article. See West Virginia Code 30-31-3
  • Applicant: means a person or firm making an application for registration under the provisions of this article. See West Virginia Code 30-38A-3
  • Applied behavior analysis: means the design, implementation, and evaluation of environmental modifications using behavioral stimuli and consequences in order to produce socially significant improvement in human behavior and includes the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior. See West Virginia Code 5-16-2
  • Appraisal: means an analysis, opinion, or conclusion prepared by a real estate appraiser relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate or identified real property. See West Virginia Code 30-38-3
  • Appraisal: means an analysis, opinion, or conclusion prepared by a real estate appraiser relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate or identified real property. See West Virginia Code 30-38A-3
  • Appraisal foundation: means the appraisal foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois. See West Virginia Code 30-38-3
  • Appraisal Management Company: means a person or firm that provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates. See West Virginia Code 30-38A-3
  • Appraisal management services: means the business of managing the process of having an appraisal performed for compensation or pecuniary gain, including but not limited to any of the following actions:

    (1) Conducting business directly or indirectly by telephone, electronically, mail, or in person. See West Virginia Code 30-38A-3

  • Appraisal report: means any communication, written or oral, of an appraisal. See West Virginia Code 30-38-3
  • Appraisal review: means the act of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraiser assignment. See West Virginia Code 30-38A-3
  • Appraisal services: means the practice of developing an opinion of the value of real estate in conformity with the minimum USPAP standards. See West Virginia Code 30-38A-3
  • Appraiser: means a person licensed or certified, under the provisions of §. See West Virginia Code 30-38A-3
  • Appraiser panel: means a group of appraisers that perform appraisals for an appraisal management company as independent contractors. See West Virginia Code 30-38A-3
  • Approved law-enforcement training academy: means any training facility which is approved and authorized to conduct law-enforcement training as provided in this article. See West Virginia Code 30-29-1
  • Architect: means any person who engages in the practice of architecture as hereinafter defined. See West Virginia Code 30-12-2
  • ARRT: means the American Registry of Radiologic Technologist. See West Virginia Code 30-23-4
  • ASPMA: means the American Society of Podiatric Medical Assistants. See West Virginia Code 30-23-4
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means the West Virginia Occupational Therapy Association. See West Virginia Code 30-28-3
  • Assurance: means any act or action, whether written or oral, expressing an opinion or conclusion about the reliability of a financial statement or about its conformity with any financial accounting standards. See West Virginia Code 30-9-2
  • Athletic injury or condition: means any injury or condition sustained by an individual that occurs during, or as a result of, the individual's participation in organized athletic or recreational athletic activity that requires physical strength, agility, flexibility, speed, stamina, or range of motion or a substantially similar injury or condition resulting from occupational activity immediately upon the onset of such injury or condition. See West Virginia Code 30-20A-3
  • Athletic trainer: is a n individual engaged in the practice of athletic training who holds a license under the provisions of this article. See West Virginia Code 30-20A-3
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attest services: means providing the following services:

    (A)  . See West Virginia Code 30-9-2

  • Audit: means expressing an opinion about the fairness of presentation of financial statements in accordance with the statements on Auditing Standards. See West Virginia Code 30-9-2
  • 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
  • Authorization: means an authorization issued pursuant to this article that entitles a permit holder or an individual practitioner to perform attest or compilation services. See West Virginia Code 30-9-2
  • Autism spectrum disorder: means any pervasive developmental disorder, including autistic disorder, Asperger's syndrome, Rett syndrome, childhood disintegrative disorder, or Pervasive Development Disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. See West Virginia Code 5-16-2
  • Barber: means a person licensed under the provisions of this article who engages in the practice of barbering and has completed a 1,200 clock-hour barber training program without chemical services, or a 1,500 clock-hour barber training program with chemical services, or has successfully completed the barber apprenticeship program. See West Virginia Code 30-27-3
  • Barber crossover: is a person who has completed 1,200 or 1,500 clock hours of training, is licensed as a barber, and completed additional hours of training in nails, aesthetics, and/or chemical services, to the total amount of 2,100 hours, to perform cosmetology. See West Virginia Code 30-27-3
  • Barber permanent wavist: means a person who has completed 2,000 clock hours of training and was licensed to perform barbering and barber permanent waiving enrolled by August 28, 2012. See West Virginia Code 30-27-3
  • Barbering: means any one or any combination of the following acts when done on the head and neck for compensation and not for the treatment of disease:

    (1) Shaving, shaping, and trimming the beard, or both. See West Virginia Code 30-27-3

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the West Virginia Board of Optometry. See West Virginia Code 30-8-3
  • Board: means the West Virginia Board of Accountancy. See West Virginia Code 30-9-2
  • Board: means the West Virginia Board of Veterinary Medicine. See West Virginia Code 30-10-3
  • Board: means the West Virginia board of architects established by section one of this article. See West Virginia Code 30-12-2
  • Board: means the West Virginia state board of registration for professional engineers as provided for in this article. See West Virginia Code 30-13-3
  • Board: means the West Virginia Board of Professional Surveyors. See West Virginia Code 30-13A-3
  • Board: means the State Board of Sanitarians. See West Virginia Code 30-17-3
  • Board: means the state Board of Registration of Foresters. See West Virginia Code 30-19-3
  • Board: means the West Virginia Board of Physical Therapy. See West Virginia Code 30-20-3
  • Board: means the West Virginia Board of Physical Therapy established under §. See West Virginia Code 30-20A-3
  • Board: means the board of examiners of psychologists created by this article. See West Virginia Code 30-21-2
  • Board: means the West Virginia Board of Landscape Architects. See West Virginia Code 30-22-4
  • Board: means the West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners. See West Virginia Code 30-23-4
  • Board: means the West Virginia Nursing Home Administrators Licensing Board created by this article. See West Virginia Code 30-25-3
  • Board: means the West Virginia board of hearing-aid dealers. See West Virginia Code 30-26-1
  • Board: means the West Virginia Board of Barbers and Cosmetologists. See West Virginia Code 30-27-3
  • Board: means the West Virginia Board of Occupational Therapy. See West Virginia Code 30-28-3
  • Board: means the Board of Social Work. See West Virginia Code 30-30-3
  • Board: means the West Virginia Board of Examiners in Counseling. See West Virginia Code 30-31-3
  • Board: means the West Virginia board of licensed dietitians. See West Virginia Code 30-35-2
  • Board: means the West Virginia Acupuncture Board. See West Virginia Code 30-36-2
  • Board: means the real estate appraiser licensing and certification board established by the provisions of this article. See West Virginia Code 30-38-3
  • Board: means the West Virginia Real Estate Appraiser Licensing and Certification Board established under the provisions of §. See West Virginia Code 30-38A-3
  • Bureau: means the Bureau for Public Health. See West Virginia Code 30-17-3
  • Business entity: means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity owned by licensees that practices optometry. See West Virginia Code 30-8-3
  • business entity: includes a firm. See West Virginia Code 30-9-2
  • Business entity: means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity performing veterinary medicine, veterinary technology or animal euthanasia. See West Virginia Code 30-10-3
  • Business entity: means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity providing physical therapy services. See West Virginia Code 30-20-3
  • Business entity: means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity providing medical imaging or radiation therapy technology. See West Virginia Code 30-23-4
  • Business entity: means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity doing business in the State of West Virginia. See West Virginia Code 30-28-3
  • Business entity: means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity providing social work services. See West Virginia Code 30-30-3
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Certificate: means a prescription certificate issued under section fifteen of this article. See West Virginia Code 30-8-3
  • Certificate: means a certificate as a certified public accountant issued or renewed by the board pursuant to this article or corresponding provisions of prior law. See West Virginia Code 30-9-2
  • Certificate: means an animal euthanasia technician certificate issued under the provisions of this article. See West Virginia Code 30-10-3
  • Certificate: means a document issued to a sanitarian under the provisions of this article. See West Virginia Code 30-17-3
  • Certificate: means a certificate issued to practice as a registered forester or registered forestry technician. See West Virginia Code 30-19-3
  • Certificate: means an instructor certificate to teach in a school under the provisions of this article or a document issued by the board for certification obtained pursuant to §. See West Virginia Code 30-27-3
  • Certificate holder: means a person authorized to prescribe certain drugs under section fifteen of this article. See West Virginia Code 30-8-3
  • Certificate holder: means a person holding a certificate issued under the provisions of this article. See West Virginia Code 30-10-3
  • Certificate holder: means a firm holding a certificate of authorization issued by the board. See West Virginia Code 30-13A-3
  • Certificate holder: means a person holding a certification issued by the board. See West Virginia Code 30-17-3
  • 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
  • Certificate of authorization: means a certificate issued under the provisions of this article to a firm providing surveying services. See West Virginia Code 30-13A-3
  • Certificate of authorization: means a certificate issued under the provisions of this article to a firm providing landscape architectural services. See West Virginia Code 30-22-4
  • Certificate of authorization holder: means a firm certified under the provisions of this article to provide landscape architectural services. See West Virginia Code 30-22-4
  • Certification: means a certificate issued under the provisions of this article. See West Virginia Code 30-19-3
  • Certified: means a person holding a certification issued under the provisions of this article. See West Virginia Code 30-19-3
  • Certified animal euthanasia technician: means a person who is certified by the board to euthanize animals in accordance with the provisions of this article. See West Virginia Code 30-10-3
  • Certified behavior analyst: means an individual who is certified by the Behavior Analyst Certification Board or certified by a similar nationally recognized organization. See West Virginia Code 5-16-2
  • Certified real estate appraiser: means a person who holds a current, valid certification as a state certified residential real estate appraiser or a state certified general real estate appraiser issued to him or her under the provisions of this article. See West Virginia Code 30-38-3
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief executive: means the Superintendent of the State Police. See West Virginia Code 30-29-1
  • Client: means a person or entity that agrees with a licensee or licensee&rsquo. See West Virginia Code 30-9-2
  • Client: means a person or firm that contracts or enters into an agreement with an appraisal management company for the performance of an appraisal. See West Virginia Code 30-38A-3
  • Client-related tasks: means tasks which are related to treatment and which, when performed by an occupational therapy aide, must be performed under direct supervision, including routine transfers, routine care of a patient'. See West Virginia Code 30-28-3
  • Clinical counseling procedures: means an approach to counseling that emphasizes the counselor'. See West Virginia Code 30-31-3
  • Code of Ethics: means the Code of Ethics of the National Association of Social Workers. See West Virginia Code 30-30-3
  • Commission: means compensation, except a referral fee, for recommending or referring any product or service to be supplied by another person. See West Virginia Code 30-9-2
  • Commission on dietetic registration: means the commission on dietetic registration that is a member of the national commission for health certifying agencies. See West Virginia Code 30-35-2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Compilation services: means providing a service performed in accordance with the statements on Standards for Accounting and Review Services that presents, in the form of a financial statement, information that is the representation of management without an expression of assurance on the statement: Provided, That this definition does not apply to the use of the term "compilation" in section thirty-one of this article. See West Virginia Code 30-9-2
  • Consultation: means a physical therapist renders an opinion or advice to another physical therapist or health care provider through telecommunications. See West Virginia Code 30-20-3
  • Consulting: means that an athletic trainer renders an opinion or advice to another athletic trainer or health care provider through telecommunication or other means or electronic communication. See West Virginia Code 30-20A-3
  • Contingent fee: means a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of the service. See West Virginia Code 30-9-2
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Controlling person: means a person authorized by an appraisal management company to contract or enter into agreements with clients and independent appraisers for the performance of appraisal services and who has the power to manage the appraisal management company. See West Virginia Code 30-38A-3
  • Cosmetologist: means a person licensed under the provisions of this article who engages in the practice of cosmetology and who has completed 1,800 clock hours of training. See West Virginia Code 30-27-3
  • Cosmetology: means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

    (1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, or similarly, work on human hair, or a wig or hairpiece, by any means, including hands, mechanical, or electrical devices or appliances. See West Virginia Code 30-27-3

  • Cost approach: means an approach to valuing real estate that requires an appraiser to: (1) Develop an opinion of site value by an appropriate appraisal method or technique. See West Virginia Code 30-38-3
  • County: means the 55 major political subdivisions of the state. See West Virginia Code 30-29-1
  • CPA: means the holder of a certificate. See West Virginia Code 30-9-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the state department of health and when appropriate shall include the state director of health. See West Virginia Code 30-26-1
  • Dependent: includes an eligible employee's child under the age of 26 as defined in the Patient Protection and Affordable Care Act. See West Virginia Code 5-16-2
  • Device: means a blood glucose test strip, glucometer, continuous glucose monitor (CGM), lancet, lancing device, or insulin syringe used to cure, diagnose, mitigate, prevent, or treat diabetes or low blood sugar, but does not include insulin pumps. See West Virginia Code 5-16-2
  • Direct close supervision: means the licensed supervising occupational therapist or licensed occupational therapy assistant is in the building and has daily direct contact at the site of work. See West Virginia Code 30-28-3
  • Direct continuous supervision: means the licensed supervising occupational therapist or licensed occupational therapy assistant is physically present and in direct line of sight of the occupational therapy student or aide. See West Virginia Code 30-28-3
  • Direct supervision: means that degree of supervision by a person overseeing the work of another person whereby the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision. See West Virginia Code 30-12-2
  • Direct supervision: means the responsible licensee is in direct control of all field and office surveying operations. See West Virginia Code 30-13A-3
  • Direct supervision: means the licensed athletic trainer must be physically present and be able to intervene on behalf of the athletic training student, permittee, and patient when the athletic training student is providing athletic training services. See West Virginia Code 30-20A-3
  • Direct supervision: means the actual physical presence of a licensed supervising occupational therapist or licensed occupational therapy assistant, and the specific delineation of tasks and responsibilities for personally reviewing and interpreting the results of any habilitative or rehabilitative procedures conducted by the limited permit holder, occupational therapy student, or aide. See West Virginia Code 30-28-3
  • Director: means the Director of the Public Employees Insurance Agency created by this article. See West Virginia Code 5-16-2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Employee: means any person, including an elected officer, who works regularly full-time in the service of the State of West Virginia. See West Virginia Code 5-16-2
  • Employer: means the State of West Virginia, its boards, agencies, commissions, departments, institutions, or spending units. See West Virginia Code 5-16-2
  • Endorsee: means a person holding an endorsement to practice in a specialized field of surveying issued by the board under the provisions of this article. See West Virginia Code 30-13A-3
  • Endorsement: means an authorization, in addition to a professional surveyor license, to practice in a specialized field of surveying issued by the board. See West Virginia Code 30-13A-3
  • Engineer: means a person who is qualified to practice engineering by reason of special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience. See West Virginia Code 30-13-3
  • Engineer intern: means a person who has qualified for, taken and has passed an examination in the fundamental engineering subjects, as provided in this article. See West Virginia Code 30-13-3
  • Environmental health science: means public health science that includes, but is not limited to, the following bodies of knowledge: air quality, food quality and protection, hazardous and toxic substances, consumer product safety, housing, institutional health and safety, community noise control, radiation protection, recreational facilities, solid and liquid waste management, vector control, drinking water quality, milk sanitation and rabies control. See West Virginia Code 30-17-3
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Established patient: means a patient who has received professional services, face-to-face, from the physician, qualified health care professional, or another physician or qualified health care professional of the exact same specialty and subspecialty who belongs to the same group practice, within the past three years. See West Virginia Code 5-16-2
  • Ex officio: Literally, by virtue of one's office.
  • Examination: when used with reference to prospective financial statements, means expressing an opinion about the fairness of presentation of financial information in accordance with the statements on Standards for Attestation Engagements. See West Virginia Code 30-9-2
  • Examination: means the examination in psychology required by subdivision (5), subsection (a), section seven of this article. See West Virginia Code 30-21-2
  • Examination: means the examination in landscape architecture required for licensure. See West Virginia Code 30-22-4
  • Exempt rank: means any noncommissioned or commissioned rank of sergeant or above. See West Virginia Code 30-29-1
  • Fiduciary: A trustee, executor, or administrator.
  • Finance board: means the Public Employees Insurance Agency finance board created by this article. See West Virginia Code 5-16-2
  • Financial statement: means a writing or other presentation, including accompanying notes, which presents, in whole or in part, historical or prospective financial position, results of operations or changes in financial position of any person, corporation, partnership or other entity. See West Virginia Code 30-9-2
  • Firm: means any business entity, including, but not limited to, accounting corporations and professional limited liability companies, in which two or more certified public accountants or public accountants hold an ownership or membership interest, in terms of the financial interests and voting rights of all partners, officers, shareholders, members or managers, and the primary business activity of which is the provision of professional services to the public by certified public accountants or public accountants. See West Virginia Code 30-9-2
  • Firm: means any nongovernmental business entity, including an individual, association, partnership or corporation, providing surveying services. See West Virginia Code 30-13A-3
  • Firm: means any business entity, partnership, association, company, corporation, limited partnership, limited liability company or other entity providing landscape architectural services. See West Virginia Code 30-22-4
  • Firm: means a corporation, limited liability company, partnership, sole proprietorship, or any other business entity. See West Virginia Code 30-38A-3
  • Firm ownership requirements: means , with respect to:

    (A) Any professional limited liability company organized pursuant to article thirteen, chapter . See West Virginia Code 30-9-2

  • Foreign: means any country other than the United States. See West Virginia Code 30-9-2
  • Forester: means a person who has acquired specialized forestry training by reason of his or her knowledge of the natural sciences, mathematics, silviculture, forest protection, forest management, forest economics and forest utilization, acquired by professional forestry education and practical experience. See West Virginia Code 30-19-3
  • Forestry: means the professional practice embracing the science, business, and the art of creating, conserving and managing forests and forestlands for the sustained use and enjoyment of their resources, material or other forest produce. See West Virginia Code 30-19-3
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: means the board of examiners for dietitians'. See West Virginia Code 30-35-2
  • General supervision: means the supervising veterinarian is in the building where the animal is being treated, has given instructions for treatment and is quickly and easily available. See West Virginia Code 30-10-3
  • General supervision: means  . See West Virginia Code 30-20A-3
  • General supervision: means initial direction and periodic inspection of the activities of a licensed occupational therapist assistant by the supervising licensed occupational therapist, but does not necessarily require constant physical presence on the premises while the activities are performed. See West Virginia Code 30-28-3
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good moral character: means lack of a history of dishonesty or felonious activity. See West Virginia Code 30-9-2
  • Good moral character: means such character as will enable a person to discharge the fiduciary duties of an architect to his client and to the public for the protection of health, safety and welfare. See West Virginia Code 30-12-2
  • Hair styling: means any one or any combination of the following acts when done on the head and neck for compensation and not for the treatment of disease:

    Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, facial hair trimming, scalp treatments, waving, permanent waving, relaxing, straightening, singeing, bleaching, tinting, coloring, or similar, work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices, or appliances. See West Virginia Code 30-27-3

  • Health care practitioner: means a person licensed under §. See West Virginia Code 5-16-2
  • Hearing aid: means any wearable device or instrument or any combination thereof, designed for, represented as or offered for sale for the purpose of aiding, improving or compensating for defective or impaired human hearing and shall include earmolds, parts, attachments or other accessories thereto, but excluding batteries and cords. See West Virginia Code 30-26-1
  • Home office: means the client&rsquo. See West Virginia Code 30-9-2
  • Inactive: means the status granted by the board to a licensee or endorsee. See West Virginia Code 30-13A-3
  • Income approach: means an approach to valuing real estate that requires an appraiser to: (1) Analyze comparable rental data as are available to estimate the market rental of the property. See West Virginia Code 30-38-3
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indirect supervision: means the performance of procedures on the orders of a supervising veterinarian. See West Virginia Code 30-10-3
  • Indirect supervision: means the performance of an action after instruction from a supervising social worker. See West Virginia Code 30-30-3
  • Individual practitioner: means a certified public accountant or a public accountant who offers professional services to the public but who does not practice in a firm. See West Virginia Code 30-9-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • JRCERT: means the Joint Review Committee on Education in Radiologic Technology. See West Virginia Code 30-23-4
  • JRCNMT: means the Joint Review Committee on Education Programs in Nuclear Medicine Technology. See West Virginia Code 30-23-4
  • Jurisprudence: The study of law and the structure of the legal system.
  • land surveying: means providing, or offering to provide, professional services using such sciences as mathematics, geodesy, and photogrammetry, and involving both:

    (1) The making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvements on the earth, the space above, on or below the earth. See West Virginia Code 30-13A-3

  • Landscape architect: means a person licensed under the provisions of this article to practice landscape architecture. See West Virginia Code 30-22-4
  • Landscape architecture: means the analysis, planning, design, management and stewardship of the natural and built environments. See West Virginia Code 30-22-4
  • Law-enforcement officer: means any duly authorized member of a law-enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests, and enforce the laws of the state or any county or municipality thereof, other than parking ordinances, and includes those persons employed as campus police officers at state institutions of higher education in accordance with the provisions of §. See West Virginia Code 30-29-1
  • Law-enforcement official: means the duly appointed chief administrator of a designated law-enforcement agency or a duly authorized designee. See West Virginia Code 30-29-1
  • Laws of the state: includes the Constitution of the State of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • License: means a license to practice optometry. See West Virginia Code 30-8-3
  • License: means a certificate, permit, registration or authorization. See West Virginia Code 30-9-2
  • License: means a veterinary medicine license issued under the provisions of this article. See West Virginia Code 30-10-3
  • License: means a surveying license issued under the provisions of this article. See West Virginia Code 30-13A-3
  • License: means a document issued to a registered sanitarian under the provisions of this article. See West Virginia Code 30-17-3
  • License: means a physical therapist license or license to act as a physical therapist assistant issued under the provisions of this article. See West Virginia Code 30-20-3
  • License: means an athletic trainer license or license to act as an athletic trainer issued by the board under the provisions of this article. See West Virginia Code 30-20A-3
  • License: means a landscape architecture license issued under the provisions of this article. See West Virginia Code 30-22-4
  • License: means a medical imaging and radiation therapy technology license issued under the provisions of this article. See West Virginia Code 30-23-4
  • License: means a license to practice nursing home administration under the provisions of this article. See West Virginia Code 30-25-3
  • License: means any license issued under the provisions of this article and shall include a temporary license. See West Virginia Code 30-26-1
  • License: means a professional license, a salon license, or a school license. See West Virginia Code 30-27-3
  • License: means a valid and current license issued by the board under the provisions of this article. See West Virginia Code 30-28-3
  • License: means a license issued under this article. See West Virginia Code 30-30-3
  • License: means a license issued by the board to practice acupuncture. See West Virginia Code 30-36-2
  • Licensed dietitian: means any person who has obtained a license to practice as a licensed dietitian from the West Virginia board of licensed dietitians. See West Virginia Code 30-35-2
  • Licensed marriage and family therapist: means a person licensed under the provisions of this article to practice marriage and family therapy. See West Virginia Code 30-31-3
  • Licensed practitioner: means a person licensed in West Virginia to practice medicine, chiropractic, podiatry, osteopathy or dentistry. See West Virginia Code 30-23-4
  • Licensed professional counselor: means a person licensed under the provisions of this article to practice professional counseling. See West Virginia Code 30-31-3
  • Licensed school psychologist: means a school psychologist who provides school psychology services on school board property and is a school board employee or contractee. See West Virginia Code 30-21-2
  • Licensee: means an optometrist licensed under the provisions of this article. See West Virginia Code 30-8-3
  • Licensee: means the holder of a license. See West Virginia Code 30-9-2
  • Licensee: means a person holding a license issued under the provisions of this article. See West Virginia Code 30-10-3
  • Licensee: means a person holding a surveying license issued under the provisions of this article. See West Virginia Code 30-13A-3
  • Licensee: means a person holding a license issued by the board. See West Virginia Code 30-17-3
  • Licensee: means a person holding a license under the provisions of this article. See West Virginia Code 30-20-3
  • Licensee: means a person licensed as an athletic trainer under the provisions of this article. See West Virginia Code 30-20A-3
  • Licensee: means any person holding a license or a temporary permit issued under the provisions of this article. See West Virginia Code 30-21-2
  • Licensee: means a person holding a landscape architecture license issued under the provisions of this article. See West Virginia Code 30-22-4
  • Licensee: means a person holding a license issued under the provisions of this article. See West Virginia Code 30-23-4
  • Licensee: means a nursing home administrator licensed under this article. See West Virginia Code 30-25-3
  • Licensee: means any person holding any such license. See West Virginia Code 30-26-1
  • Licensee: means a person, corporation, or firm holding a license issued under the provisions of this article. See West Virginia Code 30-27-3
  • Licensee: means a person holding a license under this article. See West Virginia Code 30-30-3
  • Licensee: means a person holding a license issued under the provisions of this article. See West Virginia Code 30-31-3
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manager: means a manager of a professional limited liability company. See West Virginia Code 30-9-2
  • Marriage and family therapy: means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective or behavioral, specifically within the context of marriage and family systems, that involve the professional application of theories and techniques to individuals, couples and families, singly or in groups. See West Virginia Code 30-31-3
  • Medical Imaging: means the use of ionizing radiation, electromagnetic radiation, or radioactivity for evaluation of body tissue in order to diagnose injury and disease by means of image production. See West Virginia Code 30-23-4
  • Member: means a member of a professional limited liability company. See West Virginia Code 30-9-2
  • Monument: means a permanent marker, either boundary or nonboundary, used to establish corners or mark boundary lines of a parcel of land or reference the geospatial relationship of other objects. See West Virginia Code 30-13A-3
  • Moxibustion: means the burning of mugwort on or near the skin to stimulate the acupuncture point. See West Virginia Code 30-36-2
  • Municipality: means any incorporated town or city whose boundaries lie within the geographic boundaries of the state. See West Virginia Code 30-29-1
  • Nail care: means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

    (1) The cleansing, dressing, or polishing of nails of a person. See West Virginia Code 30-27-3

  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonclient-related tasks: means tasks which are not related to treatment and do not require independent clinical reasoning, including clerical and maintenance activities, housekeeping, preparation of the work area or equipment, transporting patients, and ordering supplies, and which, when performed by an occupational therapy aide, must be performed under general supervision. See West Virginia Code 30-28-3
  • Noncomplex appraisal: means an appraisal for which: (1) There is an active market of essentially identical properties. See West Virginia Code 30-38-3
  • Nuclear Medicine Technologist: means a person holding a nuclear medicine license issued under the provisions of this article. See West Virginia Code 30-23-4
  • Nuclear Medicine Technology: means the compounding, calibrating, dispensing and administrating of radio-pharmaceuticals, pharmaceuticals and radio-nuclides under the direction of an individual listed as an authorized user by the U. See West Virginia Code 30-23-4
  • Nursing home: means a nursing home as that term is defined in subdivision (c), section two, article five-c, chapter . See West Virginia Code 30-25-3
  • Nursing home administrator: means a person who performs or is responsible for planning, organizing, directing and controlling a nursing home, whether or not such the person has an ownership interest in the nursing home or shares the functions. See West Virginia Code 30-25-3
  • nutrition therapy: means nutritional diagnostic assessment and nutrition therapy services for the purpose of disease management. See West Virginia Code 30-35-2
  • Oath: A promise to tell the truth.
  • oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
  • Occupational Therapist: means a person licensed by the board under the provisions of this article to engage in the practice of occupational therapy. See West Virginia Code 30-28-3
  • Occupational Therapy Aide: means a person who may provide nonclient-related tasks under general supervision, or specifically delegated client-related tasks, subject to the conditions set forth in subsection (f), section four of this article, under direct supervision of an Occupational Therapist or an Occupational Therapy Assistant, in accordance with the provisions of this article. See West Virginia Code 30-28-3
  • Occupational Therapy Assistant: means a person licensed by the board under the provisions of this article to assist in the practice of occupational therapy under the general supervision of an Occupational Therapist. See West Virginia Code 30-28-3
  • Oil or gas well survey: means a survey and plat of a proposed oil or gas well, including the location of the well, the surface or mineral tract on which the well is located, the physical features surrounding the well, all creeks or streams near the well and any other identifying characteristics of the land to specify the location of the well. See West Virginia Code 30-13A-3
  • On-site supervision: means the supervising physical therapist is continuously on-site and present in the building where services are provided, is immediately available to the person being supervised, and maintains continued involvement in appropriate aspects of each treatment session. See West Virginia Code 30-20-3
  • Originating site: means the location where the patient is located, whether or not accompanied by a health care practitioner, at the time services are provided by a health care practitioner through telehealth, including, but not limited to, a health care practitioner's office, hospital, critical access hospital, rural health clinic, federally qualified health center, a patient's home, and other nonmedical environments such as school-based health centers, university-based health centers, or the work location of a patient. See West Virginia Code 5-16-2
  • Out-of-state certificate: means a valid certificate as a certified public accountant or equivalent designation issued or renewed under the laws of another state: Provided, That "out-of-state certificate" does not include any certificate as a certified public accountant or equivalent designation that was issued or renewed solely by virtue of a holder&rsquo. See West Virginia Code 30-9-2
  • Out-of-state permit: means a valid permit as a firm of certified public accountants or another designation equivalent to a permit issued or renewed by the board and that is issued or renewed under the laws of another state. See West Virginia Code 30-9-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peer Review: means a study, appraisal or review of one or more aspects of the professional work of a licensee by a person who holds a certificate or an out-of-state certificate and who is not affiliated with the licensee being reviewed. See West Virginia Code 30-9-2
  • PEIA: means the Public Employees Insurance Agency created by this article. See West Virginia Code 5-16-2
  • permit: means a permit issued to a person who has graduated from an approved school, has taken the examination prescribed by the board, and is awaiting the results of the examination. See West Virginia Code 30-8-3
  • Permit: means a permit issued to a firm pursuant to this article. See West Virginia Code 30-9-2
  • Permit: means a temporary permit to practice veterinary medicine issued by the board. See West Virginia Code 30-10-3
  • Permit: means a document issued to a sanitarian-in-training under the provisions of this article. See West Virginia Code 30-17-3
  • Permit: means a document issued as evidence of qualification to practice as a forester-in-training or forestry technician-in-training under this article. See West Virginia Code 30-19-3
  • Permit: means a temporary permit or emergency permit issued under the provisions of this article. See West Virginia Code 30-25-3
  • Permit: means a work permit. See West Virginia Code 30-27-3
  • Permit: means a temporary permit to practice social work issued by the board. See West Virginia Code 30-30-3
  • Permit: means a temporary permit to practice professional counseling or marriage and family therapy issued by the board under the provisions of this article. See West Virginia Code 30-31-3
  • Permitee: means a person holding a permit issued under the provisions of this article. See West Virginia Code 30-19-3
  • Permittee: means a person holding a temporary permit. See West Virginia Code 30-8-3
  • Permittee: means a person holding a permit issued under the provisions of this article. See West Virginia Code 30-10-3
  • Permittee: means a person holding a permit issued by the board. See West Virginia Code 30-17-3
  • Permittee: means any person holding a temporary permit issued pursuant to the provisions of this article. See West Virginia Code 30-20-3
  • Permittee: means any person holding a temporary permit issued pursuant to the provision of this article. See West Virginia Code 30-20A-3
  • Permittee: means a person holding a temporary permit. See West Virginia Code 30-22-4
  • Permittee: means any person holding a podiatric medical assistant permit issued pursuant to the provisions of this article. See West Virginia Code 30-23-4
  • Permittee: means any person holding a permit issued pursuant to the provisions of this article. See West Virginia Code 30-25-3
  • Permittee: means a person holding a permit issued under this article. See West Virginia Code 30-30-3
  • Permittee: means a person holding a temporary permit under the provisions of this article. See West Virginia Code 30-31-3
  • Person: means any individual, company, association, organization, corporation, or other legal entity. See West Virginia Code 5-16-2
  • Person: means and includes any individual, partnership, trust, association, corporation or other like organization, or any combination thereof. See West Virginia Code 30-26-1
  • Photogrammetry: means the use of aerial photography, other imagery and surveying principles to prepare scaled maps or other survey products reflecting the contours, features and fixed works of the earth'. See West Virginia Code 30-13A-3
  • Physical therapist: means a person engaging in the practice of physical therapy who holds a license or permit issued under the provisions of this article. See West Virginia Code 30-20-3
  • Physical therapist assistant: means a person holding a license or permit issued under the provisions of this article who assists in the practice of physical therapy by performing patient related activities delegated to him or her by a physical therapist and performs under the supervision of a physical therapist and which patient related activities commensurate with his or her education and training, including physical therapy procedures, but not the performance of evaluative procedures or determination and modification of the patient plan of care. See West Virginia Code 30-20-3
  • Physical therapy aide: means a person trained under the direction of a physical therapist who performs designated and routine tasks related to physical therapy services under the direction supervision of a physical therapist. See West Virginia Code 30-20-3
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means a group hospital and surgical insurance plan or plans, a group prescription drug insurance plan or plans, a group major medical insurance plan or plans, and a group life and accidental death insurance plan or plans. See West Virginia Code 5-16-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Podiatric medical assistant: means a person who has been issued a permit under the provisions of this article, to perform podiatric radiographs. See West Virginia Code 30-23-4
  • Podiatric radiographs: means radiographs confined to the foot and ankle performed on dedicated podiatric X-ray equipment. See West Virginia Code 30-23-4
  • Practice acupuncture: includes :

    (A) Stimulation of points of the body by the insertion of acupuncture needles. See West Virginia Code 30-36-2

  • Practice of architecture: means rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a building or group of buildings and the space within and surrounding such buildings, which have as their principal purpose human occupancy or habitation. See West Virginia Code 30-12-2
  • practice of athletic training: means the care and services provided by a licensed athletic trainer as described under the provisions of this article. See West Virginia Code 30-20A-3
  • Practice of dealing in or fitting of hearing aids: means and includes:

    (a) The measurement or other testing of human hearing by means of an audiometer, or by any other means. See West Virginia Code 30-26-1

  • Practice of engineering: means any service or creative work, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems. See West Virginia Code 30-13-3
  • Practice of forestry: means professional forestry services, including the consultation, investigation, evaluation, planning or responsible supervision of any forestry activities when such professional service requires the application of forestry principles and techniques. See West Virginia Code 30-19-3
  • Practice of landscape architecture: means the performance of professional services, including but not limited to, analysis, consultations, evaluations, research, planning, design, management or responsible supervision of projects principally directed at the functional, aesthetic use, preservation and stewardship of the land and natural and built environments, including:

    (1) Investigation, selection and allocation of land and water resources for appropriate uses. See West Virginia Code 30-22-4

  • Practice of nursing home administration: means any service requiring nursing home administration education, training, or experience and applying such to planning, organizing, staffing, directing, and controlling of the total management of a nursing home. See West Virginia Code 30-25-3
  • practice of occupational therapy: means the therapeutic use of everyday life activities or occupations to address the physical, cognitive, psychosocial, sensory, and other aspects of performance of individuals or groups of individuals, including those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation or participation restriction, to promote health, wellness and participation in roles and situations in home, school, workplace, community and other settings. See West Virginia Code 30-28-3
  • Practice of optometry: means the examining, diagnosing and treating of any visual defect or abnormal condition of the human eye or its appendages within the scope established in this article or associated rules. See West Virginia Code 30-8-3
  • Practice of psychology: means the rendering or offering to render for a fee, salary or other compensation, monetary or otherwise, any psychological service involving: (i) The application of the principles, methods and procedures of understanding, predicting and influencing behavior. See West Virginia Code 30-21-2
  • Practice of school psychology: means the rendering or offering to render for a fee, salary or other compensation to an individual or to the public school psychological services as defined in this article. See West Virginia Code 30-21-2
  • Practice of surveying: means providing professional surveying services, including consulting, investigating, expert testimony, evaluating, planning, mapping and surveying. See West Virginia Code 30-13A-3
  • Practice of veterinary medicine: means to diagnose, treat, correct, change, relieve or prevent any disease, deformity, defect, injury, or other physical or mental condition, of any animal, or to prescribe for or to administer to any animal any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, or to render advice or any recommendation with respect to any of the foregoing. See West Virginia Code 30-10-3
  • Practice of veterinary technology: means the science and art of providing all aspects of professional medical care, services and treatment for animals with the exceptions of diagnosis, prognosis, surgery, prescription and application of any treatments, drugs, medications or appliances, where a valid veterinarian-client-patient relationship exists. See West Virginia Code 30-10-3
  • Pre-certified law-enforcement officer: means a person employed or offered employment by a West Virginia law-enforcement agency prior to his or her initial certification by the subcommittee. See West Virginia Code 30-29-1
  • Prescription insulin drug: means a prescription drug that contains insulin and is used to treat diabetes, and includes at least one type of insulin in all of the following categories:

    (1) Rapid-acting. See West Virginia Code 5-16-2

  • Primary coverage: means individual or group hospital and surgical insurance coverage or individual or group major medical insurance coverage or group prescription drug coverage in which the spouse or dependent is the named insured or certificate holder. See West Virginia Code 5-16-2
  • Principal place of business: means the licensee&rsquo. See West Virginia Code 30-9-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional counseling: means the assessment, diagnosis, treatment and prevention of mental, emotional or addiction disorders through the application of clinical counseling procedures. See West Virginia Code 30-31-3
  • Professional engineer: means a person who has been duly registered or licensed as a professional engineer by the board. See West Virginia Code 30-13-3
  • Professional license: means a license to practice as an aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover, hairstylist, or nail technician. See West Virginia Code 30-27-3
  • Professional services: means those services that involve the specialized knowledge and skills of a certified public accountant or a public accountant delivered by any means, including but not limited to, in person, by mail, telephone or by electronic means. See West Virginia Code 30-9-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Psychology: means the science involving the principles, methods and procedures of understanding, predicting and influencing behavior. See West Virginia Code 30-21-2
  • Public accountant: means a person holding a registration who is not a certified public accountant. See West Virginia Code 30-9-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Radiologic technologist: means a person, other than a licensed practitioner, who applies medical imaging or assists in the application of ionizing radiation to human beings for diagnostic or therapeutic purposes as prescribed by a licensed practitioner. See West Virginia Code 30-23-4
  • Radiologic technology: means the application of ionizing radiation or assisting in the application of medical imaging to human beings for diagnostic or therapeutic purposes as prescribed by a licensed practitioner. See West Virginia Code 30-23-4
  • Radiologist: means a licensed practitioner who has successfully completed a residency in the field of Radiology and specializes in the use of medical imaging for the diagnosis or treatment of disease. See West Virginia Code 30-23-4
  • Radiology resident: means a licensed practitioner who is in training to become a Radiologist and who uses medical imaging in the diagnosis or treatment of disease, under the supervision of a Radiologist. See West Virginia Code 30-23-4
  • Real estate: means an identified parcel or tract of land, including improvements, if any. See West Virginia Code 30-38-3
  • Real estate appraisal activity: means the act or process of making an appraisal of real estate or real property and preparing an appraisal report. See West Virginia Code 30-38-3
  • Real estate appraiser: means a person who engages in real estate appraisal activity for a fee or other valuable consideration. See West Virginia Code 30-38-3
  • Referral fee: means compensation for recommending or referring any service of a licensee to any person. See West Virginia Code 30-9-2
  • Registered architect: means an architect holding a current registration. See West Virginia Code 30-12-2
  • Registered dietitian: means a person registered by the commission on dietetic registration. See West Virginia Code 30-35-2
  • Registered Forestry Technician: means a forestry technician certified under this article. See West Virginia Code 30-19-3
  • Registered sanitarian: means a person who is licensed by the board and is uniquely qualified by education, specialized training, experience and examination to assist in the enforcement of public health sanitation laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health sanitation. See West Virginia Code 30-17-3
  • Registered veterinary technician: means a person who is duly registered to practice veterinary technology under the provisions of this article. See West Virginia Code 30-10-3
  • Registrant: means a person holding a registration issued under the provisions of this article. See West Virginia Code 30-10-3
  • Registrant: means a person or firm holding a registration issued by the board under the provisions of this article. See West Virginia Code 30-38A-3
  • Registration: means a registration as a public accountant issued by the board pursuant to prior law governing the registration of public accountants and renewed by the board pursuant to this article. See West Virginia Code 30-9-2
  • Registration: means a veterinary technician registration issued under the provisions of this article. See West Virginia Code 30-10-3
  • Registration: means the certificate of registration issued by board. See West Virginia Code 30-12-2
  • Registration: means a registration issued by the board to a person who rents or leases a booth or chair from a licensed salon owner and operator, or both, or a registration issued by the board to a person who is a student in a school. See West Virginia Code 30-27-3
  • Registration: means a registration issued by the board under the provisions of this article. See West Virginia Code 30-38A-3
  • Remote patient monitoring services: means the delivery of home health services using telecommunications technology to enhance the delivery of home health care, including monitoring of clinical patient data such as weight, blood pressure, pulse, pulse oximetry, blood glucose, and other condition-specific data. See West Virginia Code 5-16-2
  • Report: when used with reference to financial statements, means an opinion or disclaimer of opinion or other form of language or representation which states or implies any form of assurance or denial of assurance. See West Virginia Code 30-9-2
  • Responsible charge: means direct control and personal supervision of engineering work. See West Virginia Code 30-13-3
  • Responsible charge: means direct control of surveying work under the direct supervision of a licensee or person authorized in another state or country to engage in the practice of surveying. See West Virginia Code 30-13A-3
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retired employee: means an employee of the state who retired after April 29, 1971, and an employee of the Higher Education Policy Commission, the Council for Community and Technical College Education, a state institution of higher education, or a county board of education who retires on or after April 21, 1972, and all additional eligible employees who retire on or after the effective date of this article, meet the minimum eligibility requirements for their respective state retirement system, and whose last employer immediately prior to retirement under the state retirement system is a participating employer in the state retirement system and in the Public Employees Insurance Agency: . See West Virginia Code 5-16-2
  • Review assignment: means an analysis, opinion, or conclusion prepared by a real estate appraiser that forms an opinion as to the adequacy and appropriateness of a valuation appraisal or an analysis assignment. See West Virginia Code 30-38-3
  • Rule: means any rule proposed for legislative approval by the board pursuant to this article. See West Virginia Code 30-9-2
  • Sales comparison approach: means an approach to valuing real estate that requires an appraiser to analyze such comparable sales data as are available to indicate a value conclusion. See West Virginia Code 30-38-3
  • Salon: means a shop or other facility where a person practices under a professional license. See West Virginia Code 30-27-3
  • Salon license: means a license to own and operate a salon. See West Virginia Code 30-27-3
  • Sanitarian: means a person who is certified by the board and is uniquely qualified by education in the arts and sciences, specialized training and credible field experience to assist in the enforcement of public health sanitation laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health sanitation. See West Virginia Code 30-17-3
  • Sanitarian-in-training: means a person who is permitted by the board and possesses the necessary educational qualifications for certificate as a sanitarian, but who has not completed the experience requirements in the fields of public health sanitation and environmental health science as required for certificate. See West Virginia Code 30-17-3
  • School board: means a West Virginia county school board and also means the West Virginia Department of Education, or a regional educational service agency. See West Virginia Code 30-21-2
  • School board employee: means any person who provides services for the school board and is reimbursed via a salary and benefits and who has met the educational requirements under the state law and regulations of the West Virginia Board of Education to be certified or otherwise empowered by the State Superintendent of Schools to provide school psychological services for school boards. See West Virginia Code 30-21-2
  • School psychological services: means the activities which school psychologists may engage in to promote mental health and to facilitate the education of school age children, which include, but are not limited to, the following:

    (A) Consultation, which includes collaboration with individuals and groups of school personnel, parents, families and representatives of community agencies. See West Virginia Code 30-21-2

  • School psychologist: means any person who proposes to provide school psychological services as defined herein, to the public and in so doing claims to have the knowledge, training, expertise and ethical standards necessary to engage in such practice. See West Virginia Code 30-21-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See West Virginia Code 30-9-2
  • State: means the State of West Virginia. See West Virginia Code 30-38A-3
  • Strip: means a description of an area by reference to an alignment, usually a right-of-way or an easement, stating the number of feet on each side of the alignment, the relative position of the alignment, a reference to the measurements and monuments where the alignment crosses a parcel of land and the source of title for each parcel of land the alignment crosses. See West Virginia Code 30-13A-3
  • Subdivision: means the division of a lot, tract or parcel of land into two or more lots, tracts or parcels of land. See West Virginia Code 30-13A-3
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Substantial equivalency practitioner: means any individual whose principal place of business is not in this state, who holds a certificate from another state and has complied with the provisions of section sixteen of this article. See West Virginia Code 30-9-2
  • substantially equivalent: means or refers to a determination by the board or its designee that the education, examination and experience requirements contained in the statutes or rules of another state are comparable to or exceed the education, examination and experience requirements contained in the Uniform Accountancy Act, or that an individual certified public accountant&rsquo. See West Virginia Code 30-9-2
  • Supervising social worker: means a social worker, who meets the requirements of this article, who assumes responsibility for the professional care given by a person authorized by this article to work under his or her general or indirect supervision. See West Virginia Code 30-30-3
  • Supervising veterinarian: means a veterinarian, licensed under this article, who assumes responsibility for the professional care given to an animal by a person authorized by this article to work under his or her general or indirect supervision. See West Virginia Code 30-10-3
  • Supervision: means responsibility for and control of quality, safety and technical aspects in the application of medical imaging technology on human beings for diagnostic or therapeutic purposes. See West Virginia Code 30-23-4
  • Surface mine survey: means a survey of the surface mine permit area, including the location of the surface mine, the surface or mineral tracts on which the surface mine is located, the physical features surrounding the surface mine, all creeks or streams near the surface mine and any other identifying characteristics of the land to specify the location of the surface mine permit area. See West Virginia Code 30-13A-3
  • Surveyor intern: means a person who has passed an examination covering the fundamentals of land surveying. See West Virginia Code 30-13A-3
  • Surveyor-in-charge: means a licensee designated by a firm to oversee the surveying activities and practices of the firm. See West Virginia Code 30-13A-3
  • Technical submissions: means designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture. See West Virginia Code 30-12-2
  • Technology: means Medical Imaging Technology or Radiation Therapy Technology. See West Virginia Code 30-23-4
  • Telehealth services: means the use of synchronous or asynchronous telecommunications technology or audio-only telephone calls by a health care practitioner to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient. See West Virginia Code 5-16-2
  • temporary permit: means a temporary permit issued under the provisions of this article. See West Virginia Code 30-20-3
  • temporary permit: means a temporary permit issued under the provisions of this article. See West Virginia Code 30-20A-3
  • Temporary permit: means a permit to practice landscape architecture issued by the board for a period of time not to exceed one year. See West Virginia Code 30-22-4
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trainee: means any person training to become a licensed hearing-aid dealer or fitter. See West Virginia Code 30-26-1
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Uniform Accountancy Act: means the Uniform Accountancy Act, fifth edition, revised (July 2007), jointly published by the American Institute of Certified Public Accountants and the National Association of State Boards of Accountancy. See West Virginia Code 30-9-2
  • USPAP: means the Uniform Standards of Professional Appraisal Practice. See West Virginia Code 30-38A-3
  • Valuation appraisal: means an analysis, opinion, or conclusion prepared by a real estate appraiser that estimates the value of an identified parcel of real estate or identified real property at a particular point in time. See West Virginia Code 30-38-3
  • Veterinarian: means a person who is licensed to practice veterinary medicine under the provisions of this article. See West Virginia Code 30-10-3
  • Veterinarian-client-patient relationship: means a relationship between a veterinarian, a client and a patient, and exists when:

    (1) A veterinarian assumes responsibility for medical judgments regarding the health of an animal and the client who is the owner or other caretaker of the animal agrees to follow the veterinarian'. See West Virginia Code 30-10-3

  • Veterinary assistant: means a person who has not met the requirements for becoming a registered veterinary technician. See West Virginia Code 30-10-3
  • Virtual telehealth: means a new patient or follow-up patient for acute care that does not require chronic management or scheduled medications. See West Virginia Code 5-16-2
  • Waxing specialist: means a person certified under the provisions of this article who engages in the practice of waxing and tweezing of hair on another person's body. See West Virginia Code 30-27-3
  • West Virginia law-enforcement agency: means any duly authorized state, county, or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality thereof: . See West Virginia Code 30-29-1