Current through Register Vol. XLI, No. 50, December 13, 2024
Section 18-1-4 - Licenses, apprentice licenses and temporary permits4.1. Application for licenses, apprentice licenses, and temporary permits.4.1.a. The Board shall provide application forms for licenses, apprentice licenses, or temporary permits, and any forms for submitting any other information the Board considers desirable.4.1.b. The application forms shall be designed to provide the information necessary to satisfy the Board that all requirements pertaining to the West Virginia Code are being fulfilled.4.1.c. All applications shall be signed by the applicant, except when submitted on-line. An applicant who applies on-line is considered to have signed the application.4.1.d. The application fee shall be paid by a credit card or other electronic means.4.1.e. If an applicant fails to complete all forms and to provide all information within 30 days of submission of an application form, the Board shall reject and return the application to the applicant.4.1.f. The Board shall deny a license to any person knowingly furnishing false information. If the applicant has already been licensed before the falsification of the information has been made known to the Board, the license, apprentice license, or temporary permit is subject to suspension or revocation. In addition, the Board may bring the falsification to the attention of the Attorney General or law enforcement officials pursuant to W.Va. Code § 30-23-28.4.1.g. The Board may not disqualify an applicant from initial licensure because of a prior criminal conviction unless that conviction bears a rational nexus to the practice of medical imaging and/or radiation therapy technology. In determining whether a criminal conviction bears a rational nexus to the practice of medical imaging and/or radiation therapy technology, the Board shall consider, at a minimum: 4.1.g.1. The nature and seriousness of the crime;4.1.g.2. The passage of time since the commission of the crime;4.1.g.3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities attendant to the practice of medical imaging and/or radiation therapy technology; and4.1.g.4. Any evidence of rehabilitation or treatment undertaken by the applicant.4.1.h. If an applicant has been denied licensure because of a prior criminal conviction, the Board shall permit the applicant to apply for initial licensure if: 4.1.h.1. A period of five years has elapsed from the date of conviction or the date of incarceration, whichever is later;4.1.h.2. The individual has not been convicted of any other crime during the period following the disqualifying offense; and4.1.h.3. The conviction was not for an offense of a violent or sexual nature.4.1.i. An individual with a criminal record who has not previously applied for licensure may petition the Board at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. 4.1.i.1. The petition shall be submitted on an application form prescribed by the Board and shall include sufficient details about the individual's criminal record to enable the Board to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction.4.1.i.2. The applicant may submit with the petition evidence of rehabilitation, letters of reference and any other information the applicant deems relevant to show fitness and the ability to practice medical imaging.4.1.i.3. The Board shall provide the determination within 60 days of receiving the petition and the applicable fee from the applicant.4.1.i.4. The fee for an applicant petitioning for a licensure eligibility determination is specified in the Schedule of Fees, and upon acknowledgement of eligibility by the Board and receipt of the application for licensure, the eligibility fee shall be deducted from the applicant's initial licensure application fee.4.2. Issuance of licenses, apprentice licenses, and temporary permits.4.2.a. The Board shall issue to each eligible applicant a license, apprentice license, or a temporary permit within 30 days of receipt of a properly completed application and payment of the appropriate fee.4.2.b. Licenses and apprentice licenses are valid for a period of one year and expire at the end of the month from the date of issuance.4.2.c. An apprentice license, may be renewed no more than four times as stipulated in W. Va. Code § 30-23-19 (b)4.2.d. A licensed medical imaging technologist cross-training in Nuclear Medicine or Magnetic Resonance Imaging may renew his or her apprentice license as stipulated in W. Va. Code § 30-23-19(c).4.2.e. An active licensee shall renew his or her license annually without examination by completing the on-line renewal application and submitting the payment and required continuing education.4.2.f. Pursuant to W. Va. Code § 30-1B-1et seq., military families on active duty, as defined by this rule, may seek a waiver of continuing education requirements.4.2.g. The Board may deny an application for renewal for any reason which would justify the denial of an original application for a license.4.2.h. The Board shall assess a fee for reinstatement of an expired license.4.2.i. An inactive licensee may reactivate his or her license without examination by completing the reinstatement application, providing proof of active national certification and required continuing education, and submitting payment of the reinstatement fee.4.2.j. The Board shall only issue temporary permits to individuals who have completed an approved medical imaging program:4.2.j.1. An applicant for a temporary permit shall present evidence of graduation from a Board approved medical imaging program. This evidence may be a diploma or transcript.4.2.j.2. An applicant for a temporary permit may apply to the Board up to six months after graduation from a Board approved medical imaging program. After six months, the applicant must show proof of passage of a Board approved registration examination and apply for a permanent West Virginia license.4.2.j.3. The Board shall issue the temporary permit based on the date of application and payment of the required fee. The temporary permit will expire at the end of the sixth month after the date of issuance. Temporary permits may not be renewed or extended.4.3. Reciprocity. 4.3.a. The Board may consider reciprocity with other states on an individual basis.4.3.b. The Board shall not honor a license issued to a person by another state in lieu of a license issued by the Board.4.3.c. A licensee who violates laws regulating radiologic technologists in any other state while he or she is visiting or residing in another state shall be considered guilty of unethical conduct by the Board.4.4. Responsibilities of licensees and permittees.4.4.a. It is the responsibility of each licensee or permittee to be familiar with the requirements of the law regulating the practice of Medical Imaging and Radiation Therapy in West Virginia and with the rules of the Board.4.4.b. It is the responsibility of each licensee or permittee to make timely application for a license, apprentice license, or renewal of license, to complete the forms properly, to submit the required Continuing Education documentation, to pay the fees required, and to hold himself or herself available for examination at the times and places designated by the Board. Any information or reminders which the Board may issue are courtesies and shall not diminish the responsibilities of the licensee or permittee.4.4.c. A licensee or permittee shall notify the Board within 30 days of any change of his or her legal name, primary address, contact information, or place of employment.4.5. Display of license or temporary permit. Each licensee or permittee shall prominently display at his or her place of employment a current license, apprentice license, or temporary permit to practice medical imaging or radiation therapy technology or provide documentation of current licensure upon request.
4.6. Duplicate license. 4.6.a. In requesting a name change, the licensee shall submit the required application, and documentation, prior to issuance of a corrected license or permit.4.6.b. When requesting a duplicate license or permit, a licensee shall submit the required application prior to issuance of a duplicate license or permit.4.7. Schedule of fees for services rendered by the West Virginia Medical Imaging & Radiation Therapy Technology Board of Examiners. 4.7.a. | Application Fee | $92.00 |
4.7.b. | Annual Renewal Fee | $60.00 |
4.7.c. | All Temporary Permits Fee | $37.00 |
4.7.d. | All Temporary Permits Fee | $25.00 |
4.7.e. | Return Check Fee | Maximum allowable by West Virginia State Code |
4.7.f. | Reciprocity Fee | $40.00 |
4.7.g. | Board administered Exam Fee | $92.00 |
4.7.h. | Petition for Initial Licensure Eligibility (pursuant to 4.1.i.) | $92.00 |
4.8. Presumptive penalties4.8.a. The Board shall consider the following disciplinary sanctions as presumptive penalties to be imposed in all cases of first-time violations of the provisions of this section of this rule, unless extenuating circumstances require otherwise: 4.8.a.1. | Person working without being issued a license | $920.00 |
4.8.a.2. | Aiding and abetting a person working without being issued a license | $920.00 |
4.8.a.3. | Technologist working on an expired license | $460.00 |
4.8.a.4. | Facility allowing technologist to work on an expired license | $460.00 |
4.9. Upon application for initial licensure and submission of a low-income or military family waiver request, in a format prescribed by the Board, the Board shall waive the initial licensure fees for: 4.9.a. Low-income individuals within the local labor market; and4.9.b. Military families.4.10. Pursuant to W. Va. Code § 30-1B-1et seq., a licensee who qualifies for the military family waiver of initial licensure fee may request a waiver of all license renewal application fees, in a format prescribed by the Board, if the qualifying military member is on active duty.