West Virginia Code of State Rules Agency 14 - Optometry
📌 Overview — Agency 14: Optometry
Agency 14 governs the licensing, practice, and regulation of optometrists in West Virginia. These are administrative rules created by the West Virginia Board of Optometry under statutory authority. They are legally binding and enforceable in the same way as law. The rules cover:
Licensure requirements
Scope of practice
Continuing education
Disciplinary procedures
Administrative hearings
The rules are organized into series, each focusing on a different aspect of optometry practice.
📜 Major Rule Series of Agency 14
1. Series 14‑01 — Rules of the Board of Optometry
Defines key terms and terminology used in all rules.
Establishes licensing requirements: education, exams, criminal background checks, fees.
Covers license types: active, inactive, temporary, military, or volunteer licenses.
Prohibits unlicensed individuals from using optometric titles.
Purpose: Provides the foundation for who can legally practice optometry in West Virginia.
2. Series 14‑02, 14‑09, 14‑11 — Expanded Practice Certificates
These series allow optometrists to expand their scope beyond standard eye exams and prescriptions:
14‑02: Oral pharmaceutical certificates (prescribing certain medications).
14‑09: Contact lens medications certificates.
14‑11: Injectable pharmaceutical agents certificates.
Each series specifies training requirements, documentation, and eligibility.
Purpose: Ensures optometrists have proper education and certification before performing advanced procedures.
3. Series 14‑03 — Contested Case Hearings
Details the process when a licensee challenges Board actions, like disciplinary orders.
Requires notice, hearing, and opportunity to present evidence.
Follows West Virginia’s Administrative Procedures Act.
Purpose: Guarantees due process for licensees.
4. Series 14‑04 — Disciplinary & Complaint Procedures
Defines grounds for discipline, including unprofessional conduct, fraud, incompetence.
Explains how complaints are filed, investigated, and resolved.
Details hearings, sanctions, probation, suspension, or revocation.
Outlines appeals procedures.
Purpose: Protects the public from unsafe optometric practices.
5. Other Notable Series
14‑05: Licensing and certification fees.
14‑06 / 14‑07: Board meeting and administrative procedures.
14‑08: Licensure by reciprocity from other states.
14‑10: Continuing education requirements to maintain licensure.
14‑12: Telehealth practice rules, including establishing a bona fide optometrist‑patient relationship remotely.
14‑14: Eyelid procedure regulations.
⚖️ Key Case Law Related to Agency 14
While modern court cases involving Agency 14 are limited, historic West Virginia cases provide insight:
1. Serian v. West Virginia Board of Optometry (1982)
Issue: License revocation for permitting unlicensed practice.
Holding: Board had jurisdiction and followed due process. Court held:
Quorum requirements met despite technical issues in Board composition.
Notice of hearing was sufficient.
Board members could be practicing optometrists without bias.
Significance: Confirms that procedural compliance is central, and courts generally defer to Board expertise.
2. Eddy v. West Virginia Board of Optometry (1935)
Issue: Whether Board’s disciplinary procedure deprived licensee of due process.
Holding: Board’s authority upheld; proper notice and opportunity to respond sufficient for due process.
Significance: Reinforces that Board disciplinary actions are valid if rules and procedures are followed.
3. General Principle
Boards have police power to protect public health and safety.
Courts will uphold disciplinary or licensing rules unless a clear procedural or constitutional violation exists.
🧠 Practical Application of Agency 14 Rules
| Area | Rules | Practical Impact |
|---|---|---|
| Licensing | Series 14‑01, 14‑08 | Must meet education, exam, and moral standards; background check required |
| Expanded Practice | Series 14‑02, 14‑09, 14‑11 | Special certificates required to prescribe meds or injectables |
| Telehealth | Series 14‑12 | Must establish bona fide patient relationship for remote care |
| Disciplinary | Series 14‑03, 14‑04 | Complaints are investigated; hearings conducted; license can be suspended/revoked |
| Continuing Education | Series 14‑10 | License renewal depends on completing required courses |
Bottom line: Agency 14 ensures that optometrists are qualified, maintain ethical practice, and serve public health, while providing procedural safeguards for licensees.
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