1.1. Scope. -- This rule establishes guidelines for the
organization and operation of the Board and the licensing of
veterinarians by the West Virginia Board of Veterinary Medicine.
1.2. Authority. -- W. Va. Code 30-10-6.
1.3. Filing Date. -- April 23, 2018.
1.4. Effective Date. -- July 1, 2018.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on July 1, 2028.
2.1. “Board” means the West Virginia Board of Veterinary Medicine.
2.2. “Reportable contagious diseases” means all diseases
currently listed by the United States Department of Agriculture and is
located on the United States Department of Agriculture’s website.
§26-1-3. The Board Procedures.
3.1. The members of the board shall annually elect a
Chairperson and a Secretary-Treasurer for a period of 1 year, both of
whom shall hold their offices until their successors are elected. The
Board shall hold elections each year.
3.2. A vacancy in the officers of the Board may be filled at any convened meeting of the Board.
3.3. The Board may employ an executive director, and any other administrative staff.
3.4. Before an action can be taken on any matter properly
before the Board, at least a majority of the current members must be in
3.5. A member of the Board is entitled to receive compensation as specified in W. Va. Code §30-1-11.
§26-1-4. Applications and Examinations for Veterinarians.
4.1. Before a person may take the jurisprudence examination
for a license to practice veterinary medicine, he or she shall submit an
application along with the non-refundable required fees to the Board.
The application shall contain the following information, which shall be
retained in the applicant’s file:
4.1.a. Applicant’s name, address, and certified copy
of the applicant’s birth certificate or official record of birth;
4.1.b. Verification of US citizenship or written
documentation of applicant’s authority to reside and work in the United
4.1.c. Certified transcript showing applicant’s
educational qualifications, including the name, location of the school,
and the date the degree was awarded;
4.1.d. Applicant shall indicate whether he or she has
ever been denied a license or had a license restricted or disciplined in
any other state or jurisdiction with the name of the state or
4.1.e. Verification of applicant’s status as a
licensee from each state or jurisdiction where he or she now holds or
ever held a license;
4.1.f. Certified written verifications of name changes;
4.1.g. A document provided in language other than
English shall be accompanied by an English translation copy with the
name and address of the translator listed;
4.1.h. A current photograph of the applicant. Applicant shall be alone in the photograph;
4.1.i. The applicant shall pay the required fees as contained in the Schedule of Fees, with the application.
4.2. The applicant shall state in the application that he or
she will abide by the laws of this State regulating the practice of
veterinary medicine and that he or she will abide by the rules of the
4.3. The application shall be signed by the applicant.
4.4. An applicant furnishing false information in an
application shall be denied the right to take the examination. If the
applicant has been licensed before the Board becomes aware of the
falseness of the information, the licensee is subject to disciplinary
4.5. An applicant who graduates from a foreign school or a
school that is not accredited by the American Veterinary Medical
Association must supply written verification from ECFVG or PAVE of
receiving a certificate of competence and completion issued by the AVMA
Education Commission for Foreign Veterinary Graduates (ECFVG) or the
American Association of Veterinary State Boards Program for the
Assessment of Veterinary Education Equivalence (PAVE).
4.6. Once the application is complete and all fees have been
received, the Board will notify the applicant within 14 days of their
eligibility to take the jurisprudence examination.
4.7. If an applicant is found not qualified to take the
examination the Board shall notify the applicant in writing at the
applicant's address as listed on the application, of the finding and the
grounds upon which the finding is based. An applicant found not
qualified may demand a hearing. The application fee of any applicant
found not qualified to take the examination is non-refundable.
4.8. The applicant must complete the jurisprudence exam
within 30 days of notice. The Board may waive this requirement upon
written confirmation from a federal or state agency stating applicant
has been called to immediate active duty.
4.9. An applicant must have a passing score on the National
Board Examination (NBE) if the applicant graduated from veterinary
school before 1993; the NBE and the Clinical Competency Test (CCT) if
the applicant graduated 1993 through 2000 or the North American
Veterinary Licensing Examination (NAVLE) if the applicant graduated
after 2000. The authorized examination providers shall be the National
Board of Veterinary Medical Examiners. The passing score for each of
the required national veterinary exams as specified according to the
graduation year of the candidate is 70 percent.
4.9.a. It is the applicant's responsibility to have
the national score reporting service of the American Association of
Veterinary State Boards (AAVSB) forward a copy of his or her scores
directly to the Board at the applicant’s expense.
4.9.b. NAVLE applicants testing through WV, shall
submit a completed WV NAVLE eligibility application and payment pursuant
to the Schedule of Fees.
4.10. All evidence and information described in this section may be provided though AAVSB, where available through AAVSB.
4.11. Completed verification forms must be provided directly
from selected institutions to the Board and not from the applicant,
except where AAVSB is providing the information directly to the Board.
§26-1-5. Veterinarian Jurisprudence Examination Procedure.
5.1. Jurisprudence examinations shall be taken online.
5.2. Jurisprudence examinations shall cover the laws governing veterinary medicine in the State of West Virginia.
5.3. The Board shall notify the applicant of the jurisprudence examination results the day of the examination.
5.4. If an applicant fails the examination, the test may be retaken once within 30 days and no sooner than 7 days.
5.5. Examinations are the property of the Board and shall not be duplicated in any form.
§26-1-6. Veterinary Licenses.
6.1. The Board shall issue a license to a qualified candidate
who passes the examinations and meets the requirements of the Board to
practice the profession of veterinary medicine and upon payment of the
licensure fee. If any veterinarian desires that a duplicate license be
issued, the Board shall issue a duplicate license upon payment of the
fee as set forth in the Schedule of Fees.
6.2. The license issued by the Board shall include the
licensee's full name, a license number, the Board seal, the effective
date and the expiration date and shall bear the signatures of the
Chairperson and Secretary-Treasurer of the Board.
§26-1-7. Veterinary License Renewals.
7.1. The Board shall notify each licensed veterinarian that
his or her license will expire on December 31 but failure to receive the
notification does not exempt a licensee from meeting the requirements
of this rule. The Board shall issue a certificate of renewal to all
licensees renewing their license under the provisions of this rule.
7.2. A veterinarian may renew his or her license starting
October 1 through December 31 of each year, renew his or her license by
completing the required license renewal, paying the annual renewal fee
as specified in the Schedule of Fees and certify to the Board that he or
she has completed all continuing education requirements.
7.3. A license that is not renewed will automatically be
placed on expired status unless a specific request was made to place the
license on inactive status.
7.3.a. To renew a license up to one year after the
expiration date, the applicant must complete the required license
renewal, pay the late renewal fee as specified in the Schedule of Fees,
and submit evidence of completion of continuing education hours.
7.3.b. To reactivate an expired license exceeding 1
year, the applicant must meet the requirements of §26-1-4, pay the late
renewal fee as specified in the Schedule of Fees, and submit evidence of
completion of the required continuing education hours for each year the
license has been expired, for a maximum of two years. The board may
require additional documentation of clinical competency and professional
7.4. A licensee may request that their license be placed on
inactive status by completing the required license renewal, selecting
the inactive option, and paying the inactive status fee as specified in
the Schedule of Fees.
7.4.a. To reactivate an inactive license, the applicant
must complete the required license renewal, pay the renewal fee, and
certify to the Board that he or she has completed continuing education
hours for each year the license has been expired, for a maximum of two
7.5. A licensee shall undertake at least 18 (50 minute)
units of continuing education in the field of veterinary medicine during
each calendar year. A minimum of 14 hours shall be related to the
practice of veterinary medicine to include scientific, laboratory,
regulatory, and medical record keeping. No more than 4 hours shall be
related to practice management. Classroom or online courses are
permitted. No periods may be accumulated, carried forward, or held over
past the calendar year in which the periods were completed.
7.5.a. Continuing Education approved providers/programs:
7.5.a.1. AVMA accredited colleges of veterinary medicine;
7.5.a.2. Board approved national veterinary associations;
7.5.a.3. AVMA approved official state veterinary associations;
7.5.a.4. State or federal government agencies;
7.5.a.5. Registry of Approved Continuing Education (RACE)
7.5.a.6. Reviewed and approved by the West
Virginia Board of Veterinary Medicine once fee is received pursuant to
the Schedule of Fees.
7.5.b. A Licensee is required to attest to compliance
with continuing education requirements on his or her annual license
renewal and is required to maintain original documents verifying the
date and subject of the program or course, the number of continuing
education hours or credits, and certification from an approved sponsor.
Original documents must be maintained for a period of two years
following renewal. The board shall conduct a random yearly audit to
determine compliance. A Licensee selected for the audit shall provide
all supporting documentation within 20 days of receiving notification of
7.5.b.1. If licensee is non-compliant to the
continuing education audit, the board will initiate a complaint against
the licensee and the licensee will be audited again the following year.
7.5.c. Continuing education hours required by
disciplinary orders shall not be used to satisfy renewal requirements.
7.6. New graduates of the current year are exempt from the
continuing education requirements until the beginning of the immediately
succeeding reporting period after licensure.
7.7. The Board may grant continuing education hardship
extensions by request of the licensee. The Board shall only consider
hardship extensions from licensees who the Board determines were
prevented from completing the required continuing education hours within
the year due to verified medical emergencies or military obligations
beyond the licensee’s control. Requests for a hardship extension must be
received in the Board’s office by December 15.
7.8. If an extension is granted by the Board for completion
of approved continuing education hours, the licensee shall file the
renewal application with the renewal fee. The Board shall renew the
license contingent upon the licensee completing the mandatory continuing
education within a period determined by the Board from the current
year’s expiration date of December 31.
7.9. When a hardship license is issued, the renewal license
shall be valid for the period required to complete the mandatory
continuing education, and shall be extended to December 31 upon receipt
of acceptable documentation of completing the continuing education. The
continuing education hours completed during the extension period may not
be applied toward satisfaction of continuing education in the year
completed and shall be separate from continuing education requirements
for current year renewal requirements.
7.10. A licensee issued a hardship extension for completion
of continuing education shall submit documentation of completion prior
to the end of the Board approved extension period. Continued practice
past the authorized extension period without a written renewal
certificate from the Board constitutes the practice of veterinary
medicine without a license.
7.11. By December 31 of each year, the licensee shall
certify on the renewal application that he or she has successfully
completed the continuing education requirement for that calendar year.
It is the responsibility of the licensee to maintain evidence of meeting
the continuing education requirements for license renewal for random
audit by the Board.
7.12. Upon receipt of the completed renewal application and fee, the Board shall issue a renewal license.
7.13. Licenses issued by the Board shall be posted in a place
conspicuous to the public at the establishment where veterinary
services are being provided.
7.13.a. Licensees who do relief or temporary work in
an establishment shall carry a license with them or post it at the
7.13.b. Ambulatory veterinary practices that do not
have an office accessible to the public shall carry their licenses in
7.14. A licensee shall notify the Board in writing or online
of any change of address, conviction of a misdemeanor or felony, and/or
disciplinary action by another federal or state agency no later than the
30 days from the action.
§26-1-8. Veterinarian Disciplinary Action.
8.1. The Board may deny, revoke or suspend a license, impose a
civil penalty, place a person’s license on probation, reprimand a
licensee, refuse to examine an applicant or issue a license or renewal
of a license, as provided by law and as provided by this rule if it
finds an applicant or licensee:
8.1.a. Has presented to the Board false or fraudulent
evidence of qualification or has been found to be guilty of fraud or
deception in the process of examination, or for the purpose of securing a
8.1.b. Is chronically or habitually intoxicated, has a chemical dependency or is addicted to drugs;
8.1.c. Has engaged in dishonest, unethical, or
illegal practices in or connected with the practice of veterinary
medicine, or has been convicted of a misdemeanor related to the practice
of veterinary medicine or animal abuse or neglect;
8.1.d. Has been convicted of a felony under the laws
of any other State or jurisdiction of the United States or of the
federal government of the United States or any other crime involving
8.1.e. Has engaged in practices or conduct in
connection with the practice of veterinary medicine which violate the
standards of professional conduct as established by the Board;
8.1.f. Has permitted or allowed another to use his or
her authorization to practice veterinary medicine in this or any other
8.1.g. Has fraudulently issued a health certificate,
vaccination certificate, test chart, or other blank form used in the
practice of veterinary medicine that relates to the presence or absence
of animal disease;
8.1.h. Has issued a false certificate relating to the sale for human consumption of inedible animal products;
8.1.i. Has committed fraud in the application or reporting of test of animal disease;
8.1.j. Has received any kickback for treating an
animal or for referring a client to another provider of veterinary
services or goods;
8.1.k. Has performed or prescribed unnecessary or unauthorized treatment;
8.1.l. Has refused to admit a representative of the
Board to inspect the client and patient records and business premises of
the veterinarian during regular business hours;
8.1.m. Has failed to keep his or her equipment and business premises in good operation and sanitary condition;
8.1.n. Has committed gross malpractice or is guilty
of a pattern of acts indicating consistent malpractice, negligence, or
incompetence in the practice of veterinary medicine;
8.1.o. Has received disciplinary action in another
jurisdiction, including the suspension, probation, or revocation of a
license to practice veterinary medicine issued by another jurisdiction;
8.1.p. Has refused to provide a valid prescription upon request from a client;
8.1.q. Has failed to release patient records when
requested by the owner; a law-enforcement entity; or a federal, state,
or local health regulatory agency; or
8.1.r. fails to report a reportable contagious
disease to the State Veterinarian with the West Virginia Department of
Agriculture or any authorized reporting agent within twenty-four hours
of diagnosis or discovery.
8.2. The Board may also suspend or revoke the license of a
licensee who is found to be mentally incompetent by a court of competent
jurisdiction. If the licensee is later determined to be mentally
competent by a court, the Board may reinstate the license.
8.3. On conviction of or determination of conviction of a
person licensed by the Board of any felony, the Board may, after an
administrative hearing in which the facts of conviction are determined,
suspend or revoke the person's license. The Board may not reinstate or
reissue a license to a person whose license is suspended or revoked
under this section except on an express determination of the Board based
on substantial evidence contained in an investigative report,
indicating that the reinstatement or reissuance of the license is in the
best interests of the public and of the person whose license has been
suspended or revoked.
8.4. If a person violates this rule in a manner that
constitutes grounds for disciplinary action by the Board, the Board may
assess the costs of the investigation, hearing, hearing examiner, legal
fees and all other reasonable and necessary costs incurred by or on
behalf of the Board to the veterinarian who was the subject of the
9.1. Beginning July 1, 2018, and in addition to all of the
requirements for licensure, an applicant for an initial license to
practice as a veterinarian in West Virginia shall request and submit to
the Board the results of a state and a national criminal history record
9.2. The purpose of the criminal history record check is to
assist the Board in obtaining information that may relate to the
applicant's fitness for licensure.
9.3. In addition to the State Police, the Board may contract
with and designate a company specializing in the services required by
this section instead of requiring the applicant to apply directly to the
West Virginia State Police or similar out-of-state agency for the
criminal history records checks; provided that any such company must
utilize protocols consistent with standards established by the Federal
Bureau of Investigation and the National Crime Prevention and Privacy
9.4. The applicant shall furnish to the State Police, or
other organization designated by the Board, a full set of fingerprints
and any additional information required to complete the criminal history
9.5. The applicant is responsible for any fees required by
the State Police, or other organization duly designated by the Board,
for the actual costs of the fingerprinting and the actual costs of
conducting a complete criminal history record check.
9.6. The Board may require the applicant to obtain a criminal
history records check from a similar Board approved agency or
organization in the state of the applicant's residence, if outside of
9.7. The applicant shall authorize the release of all records
obtained by the criminal history record check to the Board.
9.8. A criminal history record check submitted in support of
an application for licensure must have been requested by the applicant
no earlier than twelve (12) months immediately prior to the Board's
receipt of the application for licensure.
9.9. An initial licensure application is not complete until
the Board receives the results of a state and a national criminal
history record check conducted by the State Police or another entity
duly authorized by the Board. The Board shall not grant an application
for licensure submitted by any applicant who fails or refuses to submit
the criminal history record check required by this section.
9.10. Should criminal offenses be reported on an applicant’s
criminal history record check, the board will consider the nature,
severity, and recency of offenses, as well as rehabilitation and other
factors on a case by case basis for licensure. Criminal history record
checks shall be verified by a source acceptable to the Board, other than
9.11. The results of the state and national criminal history
record check may not be released to or by a private entity except:
9.11.a. To the individual who is the subject of the criminal history record check;
9.11.b. With the written authorization of the
individual who is the subject of the criminal history record check; or
9.11.c. Pursuant to a court order.
9.12. Criminal history record checks and related records are
not public records for the purposes of chapter 29B of the West Virginia