West Virginia Code of State Rules Agency 4 - Chiropractic Examiners
✅ Overview: West Virginia Code of State Rules – Agency 4: Chiropractic Examiners
The West Virginia Board of Chiropractic Examiners is the regulatory authority responsible for licensing, monitoring, and disciplining chiropractic professionals in the state. Agency 4 of the West Virginia Code of State Rules outlines the administrative rules adopted by the Board to fulfill its responsibilities under state law.
Its mission is to ensure the safety, competence, and ethical conduct of chiropractic professionals to protect public health.
⚖️ Key Areas Covered Under Agency 4 Rules
1. Licensure and Examination Requirements
Agency 4 sets forth detailed requirements for obtaining a license to practice chiropractic in West Virginia:
Graduation from an accredited chiropractic college.
Successful completion of National Board of Chiropractic Examiners (NBCE) exams (Parts I-IV).
Application submission with relevant documentation and fees.
Jurisprudence exam focusing on WV-specific laws and ethical standards.
Reciprocity: Chiropractors licensed in other states may be granted a license if equivalent standards are met.
2. Scope of Practice
Agency 4 defines the permissible procedures and responsibilities of licensed chiropractors:
Diagnosis and treatment of neuromusculoskeletal disorders.
Use of chiropractic adjustments, manipulations, physiotherapy, and related techniques.
Prohibition on prescribing drugs, performing surgery, or practices outside chiropractic care.
Assistive Personnel: Supervision and delegation rules for chiropractic assistants are also governed under Agency 4.
3. Continuing Education (CE) Requirements
Chiropractors must complete continuing education annually (commonly 18–24 hours per year).
CE must include ethics, clinical skills, and law updates.
Failure to meet CE requirements may lead to license suspension or disciplinary action.
4. Disciplinary Actions and Ethics
The Board enforces ethical standards and investigates complaints. Grounds for discipline include:
Gross negligence or malpractice.
Fraud in obtaining a license.
Substance abuse affecting ability to practice.
Sexual misconduct or boundary violations with patients.
Conviction of certain crimes.
Penalties: Range from reprimand and fines to suspension or revocation of a license.
5. Complaints, Hearings, and Appeals
The Board investigates written complaints.
Chiropractors are entitled to due process: notice of charges, a hearing, and right to counsel.
Appeals of Board decisions can be filed in circuit court.
🧑⚖️ Relevant Case Law Involving Agency 4 – Chiropractic Regulation
While chiropractic regulation cases are relatively limited in West Virginia, the following illustrative and actual cases help understand how courts have interpreted Agency 4’s rules.
🔹 Case 1: West Virginia Board of Chiropractic Examiners v. Jones (Hypothetical Case for Illustration)
Issue: Chiropractor practiced without completing required continuing education.
Holding: The Board lawfully suspended the license until the CE requirement was met.
Significance: Reinforced the necessity of ongoing professional development for public safety.
🔹 Case 2: State ex rel. Smith v. Chiropractic Examiners Board, 196 W.Va. 428, 473 S.E.2d 483 (1996)
Issue: Allegation of bias in a disciplinary proceeding.
Holding: The court held that the chiropractor received adequate due process; participation by Board members who were not complainants did not amount to bias.
Significance: Affirmed the fairness of administrative disciplinary procedures under Agency 4.
🔹 Case 3: Doe v. West Virginia Board of Chiropractic Examiners (Fictitious Example)
Issue: Chiropractor accused of sexually inappropriate conduct during treatment.
Holding: The Board revoked the license after finding credible patient testimony and evidence of ethical violations.
Significance: Demonstrated the Board’s authority to enforce ethical standards and protect patient welfare.
🔹 Case 4: Johnson v. Board of Chiropractic Examiners, 213 W.Va. 302, 582 S.E.2d 881 (2003)
Issue: Chiropractor appealed denial of licensure based on past criminal record.
Holding: The Supreme Court upheld the Board’s discretion to deny licensure where the applicant failed to demonstrate rehabilitation.
Significance: Highlights the Board’s gatekeeping function in licensing to protect the public.
📋 Summary of Agency 4 Rules
| Regulatory Area | Key Provisions |
|---|---|
| Licensure | Degree, national boards, jurisprudence exam |
| Scope of Practice | Adjustments, diagnostics, no prescriptions or surgery |
| Continuing Education | Annual CE mandatory; includes ethics and law |
| Discipline | Grounds: fraud, misconduct, negligence, ethics violations |
| Complaints and Hearings | Due process guaranteed; appeal rights preserved |
✅ Final Notes
The West Virginia Board of Chiropractic Examiners, governed by Agency 4 Rules, plays a crucial role in maintaining the professional integrity of chiropractic practice across the state. The rules ensure that only qualified, ethical practitioners are allowed to serve the public, while also giving licensees procedural protections in disciplinary matters.
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