Current through Register Vol. XLI, No. 35, August 30, 2024
Section 19-9-5 - Disciplinary Action5.1. The Board has the authority to deny, revoke, suspend, or otherwise discipline a licensee or applicant for licensure upon proof that the licensee or applicant for licensure has violated the provisions of W. Va. Code §§ 30-7-1 et seq. 5.1.a. The Board shall afford every person subject to disciplinary proceedings an opportunity for a hearing, as set forth in the Board's rule regarding Contested Case Hearing Procedure, 19 CSR 5;5.1.b. If an applicant for licensure or a licensee fails to appear at a scheduled hearing or fails to reply to the notification of hearing, the charges specified may be taken as true and the Board may proceed with the disciplinary action;5.1.c. Following a hearing before the Board or its hearing examiner, the Board will issue its decision on any disciplinary matter;5.1.d. The Board may establish a committee that has the authority to resolve disciplinary matters through a formal consent agreement with a licensee, permitting the licensee to voluntarily agree to disciplinary action in lieu of a formal evidentiary hearing.5.1.e. The Board or its authorized committee may take disciplinary action which includes, but is not limited to, the denial, suspension, or revocation of a license to practice as a registered professional nurse, or probation of a registered professional nursing license with terms to be met for continued practice, or the assessment of additional renewal, reinstatement, or administrative costs or fines against a licensee, or a combination of these or other actions. A licensee who fails to pay a fine or administrative cost assessed as part of disciplinary action or non-disciplinary action within the time period agreed upon between the parties, may be disciplined or may remain under the disciplinary terms until the fine and administrative costs are paid in full.