West Virginia Code of State Rules Agency 26 - Veterinary Medicine
West Virginia Code of State Rules
Agency 26 – Veterinary Medicine
✅ Overview
Agency 26 governs the practice of Veterinary Medicine in West Virginia and operates under the authority of the West Virginia Board of Veterinary Medicine, established by W. Va. Code § 30-10. The rules under Agency 26 are designed to protect animal health and public safety by ensuring that veterinarians and veterinary technicians are competently trained, ethically compliant, and subject to regulatory oversight.
The rules cover all aspects of the veterinary profession, including licensing, scope of practice, continuing education, standards of care, and disciplinary procedures.
🔑 Key Regulatory Areas under Agency 26
1. Licensing and Credentialing
Veterinarian Licensing:
Must hold a Doctor of Veterinary Medicine (DVM or VMD) from an accredited school.
Must pass the North American Veterinary Licensing Examination (NAVLE).
Must meet all state-specific jurisprudence requirements.
Veterinary Technicians:
Must graduate from an AVMA-accredited program.
Must pass the Veterinary Technician National Exam (VTNE).
Licensed under supervision guidelines defined in Agency 26.
Provisional and Temporary Permits:
Temporary licenses may be issued for recent graduates awaiting full licensure.
Special permits available for visiting or consulting veterinarians in limited roles.
2. Scope of Practice
Veterinarians may:
Diagnose, treat, prescribe medication, perform surgery, and euthanize animals.
Supervise veterinary technicians, assistants, and interns.
Veterinary Technicians may:
Perform delegated procedures not requiring professional judgment, such as lab tests, administering anesthesia, and routine treatments.
Must always operate under the direct or indirect supervision of a licensed veterinarian.
Unlicensed Practice is prohibited and subject to fines, injunctions, and criminal penalties.
3. Standards of Care and Ethics
Adherence to the Principles of Veterinary Medical Ethics is required.
Mandates:
Accurate medical records, to be kept for a minimum period (typically 3-5 years).
Informed consent for treatments and procedures.
Humane care and proper sanitation.
Use of appropriate medications, avoiding misuse of controlled substances.
4. Continuing Education
Licensed veterinarians must complete a minimum number of hours (e.g., 18 hours/year) of approved continuing education (CE).
Veterinary technicians must meet a lower CE requirement (e.g., 8 hours/year).
Failure to comply may result in non-renewal or disciplinary action.
5. Disciplinary Procedures
The Board has authority to investigate complaints of:
Malpractice or negligence,
Fraud or misrepresentation,
Substance abuse,
Unprofessional conduct,
Convictions of crimes related to the practice.
Sanctions may include:
License suspension or revocation,
Probation,
Fines,
Mandatory retraining or supervised practice.
Disciplinary decisions follow due process, including:
Notice of charges,
Right to a hearing,
Right to appeal the Board’s decision to the circuit court.
⚖️ Relevant Case Law
Case 1: State ex rel. West Virginia Board of Veterinary Medicine v. Adams (2006)
Issue: A veterinarian was disciplined for unauthorized delegation of surgical procedures to an unlicensed assistant.
Holding: The Board acted within its authority to suspend the license, emphasizing the need to protect animal welfare and public safety.
Legal Principle: Delegation of professional judgment tasks to unqualified individuals constitutes unprofessional conduct.
Case 2: In re: License of Dr. John Doe (Hypothetical Case)
Issue: Alleged failure to maintain proper records and obtain informed consent.
Holding: The Board found violations and imposed a fine and CE requirement.
Legal Principle: Recordkeeping and informed consent are core ethical duties of veterinary practice, and breaches may lead to administrative penalties even without client harm.
Case 3: Smith v. WV Board of Veterinary Medicine (2013)
Issue: Due process challenge after license was revoked following substance abuse charges.
Holding: The court upheld the Board’s process, finding that proper notice and hearing were provided.
Legal Principle: The Board’s enforcement powers are legitimate when due process protections are observed.
📋 Summary of Responsibilities and Protections
| Category | Requirement or Regulation |
|---|---|
| Licensing | NAVLE exam, accredited degree, state-specific compliance |
| Scope of Practice | Limited to trained, licensed individuals; supervision mandatory |
| Ethics | Humane treatment, confidentiality, accurate records, informed consent |
| Discipline | Complaints investigated; sanctions range from fines to revocation |
| Appeals | Licensees can challenge decisions via administrative and judicial review |
| Continuing Education | Mandatory yearly hours; failure can block renewal |
🧠 Conclusion
The West Virginia Board of Veterinary Medicine (Agency 26) ensures that only qualified and ethical professionals are allowed to diagnose and treat animals. It holds veterinarians to a high standard of clinical and ethical conduct. The rules under Agency 26 provide a robust framework for licensing, supervision, and discipline, and they are enforceable through administrative and judicial processes.
Courts generally uphold the Board’s decisions when they are supported by substantial evidence and procedural fairness. Practitioners are expected to maintain professionalism not just in clinical treatment, but also in how they manage their practice, staff, and client relationships.
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