W. Va. Code R. § 64-48-6 - [Effective 8/1/2025] Personnel

6.1. Minimum Eligibility Requirements. -- An applicant for certification, and a license holder, shall:

6.1.1. Be at least 18 years of age. EMRs and EMTs must be at least 16 years of age or older. Persons under 18 years of age may not serve as primary patient care attendant or driver of any EMS vehicle;

6.1.2. Be neat and clean in appearance;

6.1.3. Possess the ability to speak, read, comprehend, and write the English language;

6.1.4. Possess the physical and mental abilities to independently perform all relevant EMS skills including, but not limited to, performing physical assessments, providing appropriate patient care, calculating medication dosages, communicating effectively, and documenting patient care activities;

6.1.5. Possess the manual dexterity and fine motor skills required to perform all patient care functions;

6.1.6. Possess the ability to bend, stoop, crawl, and walk on uneven surfaces; and

6.1.7. Meet minimum vision requirements to operate a motor vehicle in this state.

6.2. Standards of Conduct.

6.2.1. Licensed personnel shall comply with all applicable rules, policies, and procedures implemented by OEMS.

6.2.2. Licensed personnel shall comply with all federal, state, and local laws.

6.2.3. Licensed personnel may not be impaired by legal or illegal drugs or intoxicating substances while on duty, when responding to or operating at incidents, and when engaged in any patient care activities.

6.2.4. Licensed personnel may not misrepresent themselves as authorized to perform a level of care for which they are not currently licensed or authorized nor provide that care. However, students currently enrolled in an approved education program when properly authorized and supervised may provide care for which they are trained.

6.2.5. Licensed personnel may not obtain, aid, or encourage another person or entity to obtain agency licensure, vehicle permits, licensure, certification, endorsement, or designation through fraud, deceit, forgery, or other misrepresentation or falsification of information.

6.2.6. Licensed personnel may not make false statements or misrepresentations, file false credentials, or conceal or omit information from OEMS regarding an application for agency licensure, vehicle permitting, licensure,_certification, endorsement, or investigation.

6.2.7. Licensed personnel may not alter or change the appearance or wording of any license, permit, certificate, endorsement, designation, patient care record, or other official documents for the purpose of fraud, deceit, forgery, or other deliberate misrepresentation or falsification of information.

6.2.8. Licensed personnel may not possess, remove, use, or administer any controlled substances, medications, medication delivery devices, or other regulated medical devices from any EMS agency, EMS vehicle, health care facility, academic institution, or other location without documented authorization.

6.2.9. Licensed personnel may not discriminate in the provision of EMS based on race, gender, religion, age, national origin, medical condition, or any other reason prohibited by law.

6.2.10. Licensed personnel may not engage in illegal harassment of patients or coworkers.

6.2.11. Licensed personnel may not disclose medical information regarding any patient without that patient's consent, except that information required for continuation of treatment, for payment purposes or operations, including quality review investigations and training, or by mandate of a legally issued subpoena or lawful court order.

6.2.12. Licensed personnel shall disclose illegal, unethical acts and conduct of EMS personnel or agencies to OEMS.

6.2.13. Licensed personnel shall possess state issued credentials while on duty, when responding to or operating at EMS incidents, and when engaged in any patient care activities.

6.2.14. Licensed personnel shall report to OEMS and to their affiliated EMS agencies within 10 days any arrest, indictment, misdemeanor or felony conviction, or revocation, suspension, or other disciplinary sanction of a certificate or other privilege to practice any health care profession or occupation in any state or exclusion from federal reimbursement programs.

6.3. Certification Requirements. -- In addition to the requirements of subsection 6.1. of this rule, an applicant for an EMD, EMR, EMT, AEMT, or Paramedic, license shall:

6.3.1. Apply in a format prescribed by the Secretary;

6.3.2. Submit the appropriate fees as described in subsections 6.8. and 6.9. of this rule;

6.3.3. Continuously meet all requirements for EMS personnel as described in this rule;

6.3.4. Disclose any limitations or exclusions by an EMS agency, State Medical Director, or any other health care profession certification or licensing authority in any state. The limitations or exclusions may be considered by the Secretary prior to issuance of licensure in West Virginia;

6.3.5. Possess valid CPR certification prescribed by the Secretary;

6.3.6. Submit to a criminal history check and the results of the criminal background check do not indicate that the applicant:

6.3.6.a. Demonstrates an inability or unwillingness to comply with state laws, rules, procedures, etc.; or

6.3.6.b. Poses a threat to public safety, health, or welfare.

6.3.7. Successfully complete an education program appropriate for the level of licensure as prescribed by the Secretary;

6.3.8. Successfully complete a cognitive and skills examination appropriate for the level of licensure as prescribed by the Secretary; and

6.3.9. Meet other requirements established by the Secretary.

6.4. Recertification Requirements. -- An applicant for an EMD, EMR, EMT, AEMT, or Paramedic, license renewal shall:

6.4.1. Apply for recertification during the last year of his or her license period, but no later than 90 days prior to the end of the applicant's license period;

6.4.2. Apply in a format prescribed by the Secretary;

6.4.3. Submit the appropriate fees as described in subsections 6.8. and 6.9. of this rule;

6.4.4. Continuously meet all requirements for personnel as described in this rule;

6.4.5. Disclose any limitations or exclusions by an EMS agency, State Medical Director, or any other health care profession certification or licensing authority in any state. The limitations or exclusions may be considered by the Secretary prior to issuance of license renewal in West Virginia;

6.4.6. Possess valid a CPR certification prescribed by the Secretary;

6.4.7. Complete refresher and continuing medical education prescribed by the Secretary appropriate for the level of licensure;

6.4.8. Demonstrate continued competency via one of the following methods:

6.4.8.a. The applicant shall maintain continuous National Registry certification, or

6.4.8.b. Successfully complete any NREMT cognitive and skills examinations prescribed by the Secretary appropriate for the level of licensure; and

6.4.9. Meet other requirements established by the Secretary.

6.5. Credential Transfer Requirements -- The Secretary may grant licensure, including a temporary license pursuant to subsection 6.13. of this rule, to an individual certified as an EMD, EMR, EMT, AEMT, Paramedic, or equivalent levels, in another U. S. state or territory provided that the individual:

6.5.1. Meets all requirements for the licensure level for which he or she is applying as described in this rule including the submission of the appropriate fee as provided in subsection 6.8. of this rule;

6.5.2. Demonstrates current equivalent education and certification or licensure in another U.S. state or territory, the U.S. military, or a federal agency;

6.5.3. Submits to a criminal history background check and the results of the criminal background check do not indicate that the applicant:

6.5.3.a. Demonstrates an inability or unwillingness to comply with state laws, rules, procedures, etc.; or

6.5.3.b. Poses a threat to public safety, health, or welfare.

6.5.4. Demonstrates competency via one of the following methods:

6.5.4.a. The applicant possesses current National Registry certification at the appropriate level;

6.5.4.b. Previous National Registry certification at the appropriate level with continuous, current, state certification or license with 120 days or more remaining; or

6.5.4.c. Possess a valid state certification or license with 120 days or more remaining, provided that the applicant may be required to successfully complete state cognitive and skills examinations prescribed by the Secretary.

6.5.5. Completes training and education, including West Virginia protocols and scope of practice, at the appropriate level within 120 days;

6.5.6. Meets other requirements established by the Secretary; and

6.5.7. Discloses any limitations or exclusions by an EMS agency, State Medical Director, or any other health care profession certification or licensing authority in any state. The limitations or exclusions may be considered by the Director or Secretary prior to issuance of licensure.

6.6. Certification Period. -- Licensure as an EMD, EMVO, EMR, EMT, AEMT, or Paramedic is valid for a period of two years with expiration dates determined by the Secretary.

6.7. EMVO.

6.7.1. Licensure Requirements. -- The applicant shall:

6.7.1.a. Apply in a format prescribed by the Secretary;

6.7.1.b. Submit the appropriate fees as described in subsection 6.8. of this rule;

6.7.1.c. Be 18 years of age or older;

6.7.1.d. Possess a valid CPR certification prescribed by the Secretary;

6.7.1.e. Successfully complete hazardous materials awareness training meeting Department of Labor, Occupational Safety and Health Administration (OSHA) 1910.120 requirements or greater;

6.7.1.f. Successfully complete first aid training meeting United States Department of Labor, OSHA 1910.266, appendix B, requirements or greater;

6.7.1.g. Submit to a criminal history background check and the results of the criminal background check do not indicate that the applicant:

6.7.1.g.1. Demonstrates an inability or unwillingness to comply with state laws, rules, procedures, etc.; or

6.7.1.g.2. Poses a threat to public safety, health, or welfare.

6.7.1.h. Disclose any limitations or exclusions by an EMS agency, State Medical Director, or any other health care profession certification or licensing authority in any state. The limitations or exclusions may be considered by the Secretary prior to issuance of license credentials;

6.7.1.i. Possess and maintain a valid driver's license;

6.7.1.j. Not have been convicted of driving under the influence of alcohol or drugs, reckless driving, or other vehicular violation causing bodily injury or death within the two years prior to submitting an application; and

6.7.1.k. Successfully complete an emergency vehicle operator course approved by the Secretary.

6.7.2. Recertification requirements. -- The applicant shall:

6.7.2.a. Apply in a format prescribed by the Secretary;

6.7.2.b. Submit the appropriate fees as described in subsection 6.8. of this rule;

6.7.2.c. Possess valid CPR certification prescribed by the Secretary;

6.7.2.d. Successfully complete hazardous materials awareness training meeting U.S. Department of Labor OSHA 1910.120 requirements or greater;

6.7.2.e. Possess valid first aid certification meeting U.S. Department of Labor OSHA 1910.266, appendix B requirements or greater; and

6.7.2.f. Possess and maintain a valid driver's license.

6.8. Fees. An applicant for EMVO, EMR, EMT, Paramedic, to be deposited in the Emergency Medical Services Agency Licensure Fund, established by the provisions of W. Va. Code § 16-4C-6b, shall pay the following non-refundable certification fees:

6.8.1. Initial certification via National Registry or state examination: $37.50;

6.8.2. Recertification via National Registry maintenance or state process: $18.75;

6.8.3. Legal recognition: $100;

6.8.4. Reinstatement:

6.8.4.a. License expired beyond two years: $100;

6.8.4.b. License suspended or otherwise expired as a result of actions taken per subsection 7.5. of this rule: $100.

6.8.5. National Criminal Background Check: $47.50.

6.9. Fees for EMD applicants:

6.9.1. Initial application: $25.

6.9.2. Recertification: $25.

6.10. Fee for license modification: $10.

6.11. Card or license replacement: $5.

6.12. Late (within 90 days of expiration date) recertification application: additional $25.

6.13. Temporary Licensure.

6.13.1. Upon application for licensure pursuant to subsection 6.5. of this rule, the Secretary may issue a temporary EMS personnel license to an applicant, with or without examination, who submits to a preliminary criminal history background check and the results of the preliminary criminal background check do not indicate that the applicant:

6.13.1.a. Demonstrates an inability or unwillingness to comply with state laws, rules, procedures, etc.; or

6.13.1.b. Poses a threat to public safety, health, or welfare, when he or she finds that issuance to be in the public interest.

6.13.2. Unless suspended or revoked, a temporary license shall be valid initially for a period not exceeding 120 days and may not be renewed unless the Secretary finds the renewal to be in the public interest.

6.14. AEMT Certification. In the event that the National Registry of Emergency Medical Technicians ceases to recertify individuals with an AEMT certification, the Secretary will either:

6.14.1. Terminate the AEMT certification. Provided: That persons who are certified as an AEMT at the time of the termination of the AEMT certification may continue to provide services pursuant to their certification until the expiration of their certification; or

6.14.2. Establish state certification standards to replace the National EMS Certification.

Notes

W. Va. Code R. § 64-48-6