West Virginia Code
Article 9. Authorization for Miscellaneous Agencies and Boards to Promulgate Legislative Rules
§64-9-19. West Virginia Board of Examiners for Registered Professional Nurses

(a) The legislative rule filed in the State Register on May 10, 2021, authorized under the authority of 30-7-15a of this code, relating to the West Virginia Board of Examiners for Registered Professional Nurses (Limited Prescriptive Authority for Nurses in Advanced Practice, 19 CSR 08), is authorized.
(b) The legislative rule filed in the State Register on August 31, 2021, authorized under the authority of 30-7-4 of this code, relating to the Board of Registered Professional Nurses (Telehealth Practice, 19 CSR 16), is authorized with the amendments set forth below:
On page three, subdivision 3.3.2., by striking out the word "state" and inserting in lieu thereof the words "State of West Virginia";
On page three, subdivision 3.3.2., by striking out the words "location or";
On page five, subsection 5.9., by striking out the word "applicant" and inserting in lieu thereof the word "registrant";
On page five, after subsection 5.12, by renumbering the remaining subsections;
On page six, subsection 5.11., by striking out the words "apply anew" and inserting in lieu thereof the word "reapply";
On page seven, subsection 7.3., after the words "prescription if" by inserting in lieu thereof the words "the nurse";
On page seven, by striking out all of subsection 7.4 and inserting in lieu thereof a new subsection 7.4 to read as follows:
7.4. Nothing in this rule requires a practitioner to use telemedicine technologies to treat a patient if the practitioner, in his or her discretion, determines that an in-person encounter is required.;
On page eight, subsection 7.8., after the word "practices" by striking out the word "to" and inserting in lieu thereof the words "while treating";
On page eight, subsection 8.1, by striking out the words "of the providers profession in the State of West Virginia pursuant to qualified advanced practice registered nurses to prescribe prescription drugs in accordance with the" and inserting in lieu thereof the words "as set forth in the";
On page eight, subsection 8.2, by striking out the words "Schedules III through V of";
On page eight, subsection 8.3, by striking out the words "based solely upon a telemedicine encounter";
On page nine, subdivision 10.2.1., by striking out the words "Shall not engage" and inserting in lieu thereof the word "Engaging";
On page nine, subdivision 10.2.1., by inserting a period after the words "this rule";
On page nine, subdivision 10.2.1., by striking out the words "or they" and inserting in lieu thereof the words "A registered nurse or advance practice registered nurse who engages in professional misconduct";
And,
On page nine, subsection 11.2., by striking out the words "the following" and inserting in lieu thereof the word "that".