RULES SUSPENDED BY STATE OF EMERGENCY PROCLAMATION

DUE TO THE COVID-19 VIRUS

(State of Emergency effective March 16, 2020 to remain in effect until terminated by subsequent Proclamation)

The following rules have been suspended either wholly or partially. Please see the suspension memorandum from the Agency for guidance:

Title/Series	Agency	Rule Name	Suspended Provisions	Date Suspended	Date Lifted
175-04	Alcohol Beverage Control Commission	Sale of Wine	§6.6.b.	March 18, 2020	July 29, 2021
78-26	DHHR, Human Services	Pilot Program for Drug Screening of Applicants for Cash Assistance	Entire Rule	March 20, 2020	January 1, 2023
78-02	DHHR, Human Services	Child Placing Agencies Licensure	See Memo	March 23, 2020	January 1, 2023
153-30	Secretary of State	Use Of Digital Signatures, State Certificate Authority And State Repository	Entire Rule	March 23, 2020	April 14, 2022
78-03	DHHR, Human Services	Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults in West Virginia	See Memo	March 23, 2020	January 1, 2023
153-52	Secretary of State	Freedom of Information Act Database	2.2.	March 23, 2020	January 1, 2023
19-03	Registered Professional Nurses	Requirements for Registration and Licensure and Conduct Constituting Professional Misconduct	§§3.1.a.4., 4.2, 7.1.d., 7.1.e., 7.2.c., 11.1	March 23, 2020	June 1, 2021
19-03	Registered Professional Nurses	Requirements for Registration and Licensure and Conduct Constituting Professional Misconduct	See Memos	September 22, 2021	January 1, 2023
19-08	Registered Professional Nurses	Limited Prescriptive Authority for Nurses in Advanced Practice	§3.1.b.	March 23, 2020	June 1, 2021
19-11	Registered Professional Nurses	Continuing Education and Competence	§3.1.2.	March 23, 2020	June 1, 2021
30-02	Respiratory Care	Establishment of Fees	2.2.1, 2.2.3	March 25, 2020	September 19, 2022
30-03	Respiratory Care	Continuing Education Requirements	Entire Rule	March 25, 2020	September 19, 2022
30-09	Respiratory Care	Student Temporary Permits	2.1.1, 2.3.1, 3.1.6	March 25, 2020	September 19, 2022
78-01	DHHR, Human Services	Child Care Centers Licensing	See Memo	March 24, 2020	January 1, 2023
78-18	DHHR, Human Services	Family Child Care Facility Licensing Requirements	See Memo	March 24, 2020	January 1, 2023
78-19	DHHR, Human Services	Family Child Care Home Registration Requirements	See Memo	March 24, 2020	January 1, 2023
78-20	DHHR, Human Services	Informal and Relative Family Child Care Home Registration Requirements	See Memo	March 24, 2020	January 1, 2023
78-21	DHHR, Human Services	Out-of-School Time Child Care Center	See Memo	March 24, 2020	January 1, 2023
11-01A	Medicine	Licensing and Disciplinary Procedures: Physicians, Podiatric Physicians and Surgeons	4.3, 4.5.h., 10.1, 10.2, 10.4, 10.10, 10.11	March 26,2020	July 12, 2021
11-01B	Medicine	Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants	2.1.f, 3.2, 10.1, 10.2, 11.1, 11.5, 11.9, 11.10, 11.12, 13.2.d, 13.4, 13.5, 13.6, 13.7, 13.8, 14.2, 14.3, 14.6, 14.7, 14.10, 20	March 26, 2020	July 12, 2021
11-03	Medicine	Board Organization and Meeting Procedure: Complaint and Contested Case Hearing Procedures	8, 10.16, 11.2, 18.1, 18.2	March 26, 2020	December 19, 2022
11-05	Medicine	Dispensing of Legend Drugs by Practitioners	3.6, 3.8	March 26, 2020	July 12, 2021
11-06	Medicine	Continuing Education for Physicians and Podiatrists	2.12, 3.1, 3.2, 5.6, 5.7, 5.7.a.b.c.	March 26, 2020	July 12, 2021
11-07	Medicine	Formation and Approval of Professional Limited Liability Companies	3.4, 3.5	March 26, 2020	July 12, 2021
11-12	Medicine	Permitting and Disciplinary Procedures: Educational Permits for Graduate Medical Interns, Residents and Fellows	4.3, 5.1, 5.2, 7.2	March 26, 2020	July 12, 2021
24-01	Osteopathic Medicine	Licensing Procedures for Osteopathic Physicians	See Memo	March 26, 2020	April 6, 2021
24-02	Osteopathic Medicine	Osteopathic Physician Assistants	See Memo	March 26, 2020	August 9, 2022
24-05	Osteopathic Medicine	Fees for Services Rendered by the Board of Osteopathy	See Memo	March 26, 2020	August 9, 2022
143-01	Personnel	Administrative Rule of the WV Division of Personnel	4.7, 4.8, 4.9.e, 6.2, 6.4.c, 7.3.d, 7.3.e, 8.2.a.1, 8.2.a.3, 9.2.a, 9.3.a, 9.5, 9.5.e, 9.5.g, 10.1.b, 10.4, 12.4, 13, 14.2, 14.3.h, 14.4.f.3, 14.4.j, 14.f.6, 14.4.g, 14.8.c.1,B,C; 14.8.d.2	March 26, 2020	January 1, 2023
29-01	Speech-Language Pathology and Audiology	Licensure of Speech-Pathology and Audiology	See Memos	March 24, 2020	June 8, 2021
91-04	Motor Vehicles	Examination and Issuance of Driver’s License	See Memo	April 1, 2020 October 27, 2020	January 1, 2023
26-04	Veterinary Medicine	Standards of Practice	5.1.c.1	April 2, 2020	June 8, 2022
14-10	Optometry	Continuing Education	3.2.c	April 2, 2020	January 1, 2023
19-01	Registered Professional Nurses	Policies, Standards and Criteria for the Evaluation and Accreditation of Colleges, Departments or Schools of Nursing	8.3	April 3, 2020	June 1, 2021
64-48	DHHR, Public Health	Emergency Medical Services	6.7.1.e, 6.7.1.f, 6.7.1.k	April 6, 2020	July 2, 2021
64-56	DHHR, Public Health	Infectious Medical Waste	4.2, 4.4, 4.4.a, 4.5, 4.6.e, 4.13, 4.14, 4.16.c, 6.2.d, 6.2.e, 8.2, 9.2.b, 12.4, 12.5, 12.7, 13.4	April 7, 2020	January 1, 2023
56-19	Miners’ Health, Safety and Training	Substance Abuse Screening, Standards and Procedures	See Memo	April 7, 2020	March 16, 2022
64-09	DHHR, Public Health	Sewage Systems	§4.4	April 10, 2020	January 1, 2023
36-11	Coal Mine Health and Safety	Underground Mine Foreman-Fire Boss Required, Assistants, Certification, The Reopening Of Abandoned Mines And The De-Energization Of Self-Propelled Electric Coal Feeders, Performance Requirements	4(c)	April 17, 2020	July 23, 2020
48-02	Miner Training, Education and Certification	Governing the Safety Training Program for Prospective Underground Coal Miners in WV	2.7.a, 2.7.b, 2.7.e, 2.8.b, 2.8.e	April 17, 2020	December 19, 2022
48-03	Miner Training, Education and Certification	Rules and Regulations Governing the Safety Training Program for Prospective Surface Coal Miners in WV	2.7.a, 2.7.b, 2.7.e, 2.8.b, 2.8.e	April 17, 2020	December 19, 2022
48-04	Miner Training, Education and Certification	Initial Training Program for Prospective Mine Rescue Team Members and Additional Mine Rescue Requirements	2.1.c	April 17, 2020	December 19, 2022
48-07	Miner Training, Education and Certification	Rules and Regulations Governing the Standards for Certification of Coal Mine Electricians	6.1, 7.2, 8.1, 8.4	April 17, 2020	December 19, 2022
19-13	Registered Professional Nurses	Dialysis Technicians	See Memos	April 9, 2020	January 1, 2023
174-02	Real Estate Commission	Schedule of Fees	2.17.b	April 22, 2020	January 1, 2023
176-01	Alcohol Beverage Control Commission-Beer	Nonintoxicating Beer Licensing and Operations Procedures	6.3.h.1.A	April 23, 2020	July 29, 2021
64-18	DHHR, Public Health	General Sanitation	3.1.a.2, 4.1, 4.1.b	April 24, 2020	January 1, 2023
61-33	Agriculture	Rural Rehabilitation Loan Program	§§9, 10, 14, 15	April 30, 2020	January 1, 2022
64-17	DHHR, Public Health	Food Establishments	3.1, 3.1.b	May 8, 2020	January 1, 2023
149-02	Crime Delinquency and Correction	Law Enforcement Training and Certification Standards	See Memos	May 22, 2020 October 2, 2020 March 10, 2021	June 30, 2020 December 31, 2020
190-05	Real Estate Appraiser Licensing and Certification Board	Requirements for Registration and Renewal of Appraisal Management Companies	See Memo	June 17, 2020	January 1, 2023
61-30	Agriculture	Hemp Products	§§4.1, 4.3, 4.4.b, 5.4	July 1, 2020	December 31, 2020
192-02	Deaf and Hard of Hearing	Meetings and Bylaws	§3.1.c	July 16, 2020	January 1, 2023
5-11	Dentistry	Continuing Education Requirements	See Memos	August 3, 2020	January 1, 2023
191-03	Family Protection Services Board	Perpetrator Intervention Programs Licensure	§10.a.	September 3, 2020	January 1, 2023
27-01	Counseling	Licensing Rule	§7.7	October 28, 2020	July 22, 2022
64-21	DHHR, Public Health	Child Care Centers	§4.1	November 20, 2020	January 1, 2023
64-80	DHHR, Public Health	Body Piercing Studio Business	§§3.1.b, 4.2	November 20, 2020	January 1, 2023
61-29	Agriculture	Industrial Hemp	§§3.12.b, 6.11.b	December 4, 2020	March 31, 2021
175-02	Alcohol Beverage Control Commission	Private Club Licensing	§5.1.1.f.	August 27, 2021	July 1, 2022
190-03	Real Estate Appraiser Licensing and Certification Board	Renewal of Licensure or Certification	See Memo	September 28, 2021	January 1, 2023

Title/Series	Agency	RuleName	Suspended Provisions	Date Suspended	Date Lifted
175-04	Alcohol Beverage Control Commission	Sale of Wine	§6.6.b.	March 18, 2020	July 29, 2021
78-26	DHHR, Human Services	Pilot Program for Drug Screening of Applicants for Cash Assistance	Entire Rule	March 20, 2020	January 1, 2023
78-02	DHHR, Human Services	Child Placing Agencies Licensure	See Memo	March 23, 2020	January 1, 2023
153-30	Secretary of State	Use Of Digital Signatures, State Certificate Authority And State Repository	Entire Rule	March 23, 2020	April 14, 2022
78-03	DHHR, Human Services	Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults in West Virginia	See Memo	March 23, 2020	January 1, 2023
153-52	Secretary of State	Freedom of Information Act Database	2.2.	March 23, 2020	January 1, 2023
19-03	Registered Professional Nurses	Requirements for Registration and Licensure and Conduct Constituting Professional Misconduct	§§3.1.a.4., 4.2, 7.1.d., 7.1.e., 7.2.c., 11.1	March 23, 2020	June 1, 2021
19-03	Registered Professional Nurses	Requirements for Registration and Licensure and Conduct Constituting Professional Misconduct	See Memos	September 22, 2021	January 1, 2023
19-08	Registered Professional Nurses	Limited Prescriptive Authority for Nurses in Advanced Practice	§3.1.b.	March 23, 2020	June 1, 2021
19-11	Registered Professional Nurses	Continuing Education and Competence	§3.1.2.	March 23, 2020	June 1, 2021
30-02	Respiratory Care	Establishment of Fees	2.2.1, 2.2.3	March 25, 2020	September 19, 2022
30-03	Respiratory Care	Continuing Education Requirements	Entire Rule	March 25, 2020	September 19, 2022
30-09	Respiratory Care	Student Temporary Permits	2.1.1, 2.3.1, 3.1.6	March 25, 2020	September 19, 2022
78-01	DHHR, Human Services	Child Care Centers Licensing	See Memo	March 24, 2020	January 1, 2023
78-18	DHHR, Human Services	Family Child Care Facility Licensing Requirements	See Memo	March 24, 2020	January 1, 2023
78-19	DHHR, Human Services	Family Child Care Home Registration Requirements	See Memo	March 24, 2020	January 1, 2023
78-20	DHHR, Human Services	Informal and Relative Family Child Care Home Registration Requirements	See Memo	March 24, 2020	January 1, 2023
78-21	DHHR, Human Services	Out-of-School Time Child Care Center	See Memo	March 24, 2020	January 1, 2023
11-01A	Medicine	Licensing and Disciplinary Procedures: Physicians, Podiatric Physicians and Surgeons	4.3, 4.5.h., 10.1, 10.2, 10.4, 10.10, 10.11	March 26,2020	July 12, 2021
11-01B	Medicine	Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants	2.1.f, 3.2, 10.1, 10.2, 11.1, 11.5, 11.9, 11.10, 11.12, 13.2.d, 13.4, 13.5, 13.6, 13.7, 13.8, 14.2, 14.3, 14.6, 14.7, 14.10, 20	March 26, 2020	July 12, 2021
11-03	Medicine	Board Organization and Meeting Procedure: Complaint and Contested Case Hearing Procedures	8, 10.16, 11.2, 18.1, 18.2	March 26, 2020	December 19, 2022
11-05	Medicine	Dispensing of Legend Drugs by Practitioners	3.6, 3.8	March 26, 2020	July 12, 2021
11-06	Medicine	Continuing Education for Physicians and Podiatrists	2.12, 3.1, 3.2, 5.6, 5.7, 5.7.a.b.c.	March 26, 2020	July 12, 2021
11-07	Medicine	Formation and Approval of Professional Limited Liability Companies	3.4, 3.5	March 26, 2020	July 12, 2021
11-12	Medicine	Permitting and Disciplinary Procedures: Educational Permits for Graduate Medical Interns, Residents and Fellows	4.3, 5.1, 5.2, 7.2	March 26, 2020	July 12, 2021
24-01	Osteopathic Medicine	Licensing Procedures for Osteopathic Physicians	See Memo	March 26, 2020	April 6, 2021
24-02	Osteopathic Medicine	Osteopathic Physician Assistants	See Memo	March 26, 2020	August 9, 2022
24-05	Osteopathic Medicine	Fees for Services Rendered by the Board of Osteopathy	See Memo	March 26, 2020	August 9, 2022
143-01	Personnel	Administrative Rule of the WV Division of Personnel	4.7, 4.8, 4.9.e, 6.2, 6.4.c, 7.3.d, 7.3.e, 8.2.a.1, 8.2.a.3, 9.2.a, 9.3.a, 9.5, 9.5.e, 9.5.g, 10.1.b, 10.4, 12.4, 13, 14.2, 14.3.h, 14.4.f.3, 14.4.j, 14.f.6, 14.4.g, 14.8.c.1,B,C; 14.8.d.2	March 26, 2020	January 1, 2023
29-01	Speech-Language Pathology and Audiology	Licensure of Speech-Pathology and Audiology	See Memos	March 24, 2020	June 8, 2021
91-04	Motor Vehicles	Examination and Issuance of Driver’s License	See Memo	April 1, 2020 October 27, 2020	January 1, 2023
26-04	Veterinary Medicine	Standards of Practice	5.1.c.1	April 2, 2020	June 8, 2022
14-10	Optometry	Continuing Education	3.2.c	April 2, 2020	January 1, 2023
19-01	Registered Professional Nurses	Policies, Standards and Criteria for the Evaluation and Accreditation of Colleges, Departments or Schools of Nursing	8.3	April 3, 2020	June 1, 2021
64-48	DHHR, Public Health	Emergency Medical Services	6.7.1.e, 6.7.1.f, 6.7.1.k	April 6, 2020	July 2, 2021
64-56	DHHR, Public Health	Infectious Medical Waste	4.2, 4.4, 4.4.a, 4.5, 4.6.e, 4.13, 4.14, 4.16.c, 6.2.d, 6.2.e, 8.2, 9.2.b, 12.4, 12.5, 12.7, 13.4	April 7, 2020	January 1, 2023
56-19	Miners’ Health, Safety and Training	Substance Abuse Screening, Standards and Procedures	See Memo	April 7, 2020	March 16, 2022
64-09	DHHR, Public Health	Sewage Systems	§4.4	April 10, 2020	January 1, 2023
36-11	Coal Mine Health and Safety	Underground Mine Foreman-Fire Boss Required, Assistants, Certification, The Reopening Of Abandoned Mines And The De-Energization Of Self-Propelled Electric Coal Feeders, Performance Requirements	4(c)	April 17, 2020	July 23, 2020
48-02	Miner Training, Education and Certification	Governing the Safety Training Program for Prospective Underground Coal Miners in WV	2.7.a, 2.7.b, 2.7.e, 2.8.b, 2.8.e	April 17, 2020	December 19, 2022
48-03	Miner Training, Education and Certification	Rules and Regulations Governing the Safety Training Program for Prospective Surface Coal Miners in WV	2.7.a, 2.7.b, 2.7.e, 2.8.b, 2.8.e	April 17, 2020	December 19, 2022
48-04	Miner Training, Education and Certification	Initial Training Program for Prospective Mine Rescue Team Members and Additional Mine Rescue Requirements	2.1.c	April 17, 2020	December 19, 2022
48-07	Miner Training, Education and Certification	Rules and Regulations Governing the Standards for Certification of Coal Mine Electricians	6.1, 7.2, 8.1, 8.4	April 17, 2020	December 19, 2022
19-13	Registered Professional Nurses	Dialysis Technicians	See Memos	April 9, 2020	January 1, 2023
174-02	Real Estate Commission	Schedule of Fees	2.17.b	April 22, 2020	January 1, 2023
176-01	Alcohol Beverage Control Commission-Beer	Nonintoxicating Beer Licensing and Operations Procedures	6.3.h.1.A	April 23, 2020	July 29, 2021
64-18	DHHR, Public Health	General Sanitation	3.1.a.2, 4.1, 4.1.b	April 24, 2020	January 1, 2023
61-33	Agriculture	Rural Rehabilitation Loan Program	§§9, 10, 14, 15	April 30, 2020	January 1, 2022
64-17	DHHR, Public Health	Food Establishments	3.1, 3.1.b	May 8, 2020	January 1, 2023
149-02	Crime Delinquency and Correction	Law Enforcement Training and Certification Standards	See Memos	May 22, 2020 October 2, 2020 March 10, 2021	June 30, 2020 December 31, 2020
190-05	Real Estate Appraiser Licensing and Certification Board	Requirements for Registration and Renewal of Appraisal Management Companies	See Memo	June 17, 2020	January 1, 2023
61-30	Agriculture	Hemp Products	§§4.1, 4.3, 4.4.b, 5.4	July 1, 2020	December 31, 2020
192-02	Deaf and Hard of Hearing	Meetings and Bylaws	§3.1.c	July 16, 2020	January 1, 2023
5-11	Dentistry	Continuing Education Requirements	See Memos	August 3, 2020	January 1, 2023
191-03	Family Protection Services Board	Perpetrator Intervention Programs Licensure	§10.a.	September 3, 2020	January 1, 2023
27-01	Counseling	Licensing Rule	§7.7	October 28, 2020	July 22, 2022
64-21	DHHR, Public Health	Child Care Centers	§4.1	November 20, 2020	January 1, 2023
64-80	DHHR, Public Health	Body Piercing Studio Business	§§3.1.b, 4.2	November 20, 2020	January 1, 2023
61-29	Agriculture	Industrial Hemp	§§3.12.b, 6.11.b	December 4, 2020	March 31, 2021
175-02	Alcohol Beverage Control Commission	Private Club Licensing	§5.1.1.f.	August 27, 2021	July 1, 2022
190-03	Real Estate Appraiser Licensing and Certification Board	Renewal of Licensure or Certification	See Memo	September 28, 2021	January 1, 2023

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