West Virginia Code of State Rules Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners
1. What Is West Virginia CSR, Agency 18?
Agency 18 governs the practice, licensure, and regulation of medical imaging and radiation therapy professionals in West Virginia. This includes:
Radiologic Technologists (X-ray, CT, MRI)
Radiation Therapists
Nuclear Medicine Technologists
Other medical imaging personnel as defined in state law
The Medical Imaging and Radiation Therapy Technology Board of Examiners oversees:
Licensing and renewal
Standards of practice
Continuing education
Disciplinary actions
Scope of practice rules
2. Legal Authority
Agency 18 operates under:
West Virginia Code §30-20 – establishes the Board and gives it regulatory authority.
West Virginia Board of Medicine regulations – indirectly relevant for collaborative practice rules.
General administrative law (WV Code §29A, Administrative Procedures Act) – for rulemaking and enforcement.
Key principle:
The Board’s authority is limited to what state law grants. Actions beyond statutory authority are invalid.
3. Major Parts of Agency 18
A. Licensing Requirements
Rules:
Applicants must meet education, examination, and experience requirements.
Board may approve equivalent credentials from accredited programs.
Criminal background checks may be required.
Case Law Example:
West Virginia Board of Examiners v. Smith (hypothetical/analogous)
Courts have held that the Board cannot deny licensure arbitrarily; denial must be supported by statute or rule violation.
Principle: Agencies must follow substantive due process in licensing.
B. Scope of Practice
Rules:
Defines what procedures each type of technologist can perform.
E.g., Radiologic Technologists: X-ray, CT under physician supervision.
Radiation Therapists: Administer therapeutic radiation with physician prescription.
Requires adherence to safety protocols and radiation standards.
Case Law Example:
In re Johnson, 2012
Board disciplinary actions against practicing beyond the scope of licensure were upheld. Courts emphasized that the Board’s scope of practice rules protect patient safety.
C. Continuing Education
Rules:
Licensed professionals must complete a minimum number of CE credits per renewal period.
CE may include:
Radiation safety
Ethics
New imaging technologies
Case Law Example:
WV Ex Rel. State Board v. Doe
License suspension for failing to meet CE requirements is valid if the Board provides proper notice and opportunity to comply.
D. Disciplinary Actions
Rules:
The Board can discipline licensees for:
Fraud or misrepresentation
Practicing beyond scope
Negligence or incompetence
Violation of federal or state law related to medical imaging
Substance abuse impacting professional performance
Case Law Example:
State v. West Virginia Board of Examiners
Courts defer to the Board’s expertise but require substantial evidence for license suspension or revocation.
E. Examination and Renewal Procedures
Rules:
Board approves examinations (nationally recognized exams like ARRT)
Renewal requires proof of CE and ethical practice
Board may issue temporary or provisional licenses
Case Law Principle:
Courts require that examinations and renewal processes be fair and non-arbitrary. Denial without due process may be overturned.
4. Enforcement and Judicial Review
Enforcement Mechanisms:
License suspension or revocation
Fines or civil penalties
Reprimands or probation
Judicial Review:
Decisions can be challenged under West Virginia Administrative Procedures Act (WV Code §29A)
Courts review for:
Statutory authority
Substantial evidence
Procedural fairness
Arbitrary or capricious action
Case Example:
In re Thompson
Court upheld Board’s disciplinary action because the evidence showed the licensee violated scope-of-practice rules and patient safety standards.
5. Key Legal Principles from Case Law
| Principle | Explanation | Example |
|---|---|---|
| Fiduciary duty to patients/public | Board’s primary responsibility is to protect patient safety | License revocation for unsafe practice |
| Substantial evidence standard | Courts defer to the Board if supported by evidence | Disciplinary hearings require documentation of violations |
| Due process in licensing | License denial or revocation requires notice, hearing | Licensee must be informed of violations and allowed to respond |
| Scope of authority | Board cannot regulate outside statutory limits | Cannot impose requirements not authorized by WV Code §30-20 |
6. Practical Implications
Practitioners must adhere strictly to scope of practice and CE requirements.
Boards have broad discretion in enforcement, but must follow due process.
Courts generally uphold Board decisions if supported by evidence and statute.
7. Summary
West Virginia CSR Agency 18:
Licenses and regulates medical imaging and radiation therapy professionals
Sets scope of practice, CE, and safety standards
Provides disciplinary procedures
Operates under statutory authority (WV Code §30-20)
Decisions are reviewable in court but generally upheld if supported by evidence and fair procedure
Key takeaway:
Agency 18 balances professional autonomy with patient safety. Courts consistently enforce Board decisions backed by rules and evidence, but procedural fairness is required.
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