, Question 1
A physician licensed in West Virginia since 2005 fails to complete the required
continuing medical education (CME) audit submission by the Board's deadline.
Which statutory consequence is most accurate under W. Va. Code §30-3-14 and
Board rules?
A. Automatic license revocation without a hearing because CME
noncompliance is a jurisdictional defect.
B. The Board may impose a civil penalty and require completion of
deficient CME hours, but revocation requires a contested case hearing.
C. The licensee is permanently barred from reinstatement unless they
reapply as a new applicant.
D. The Board must refer the matter to the county prosecutor for criminal
misdemeanor charges.
Correct Answer: B - The Board may impose a civil penalty and
require completion of deficient CME hours, but revocation
requires a contested case hearing.
RATIONALE
CME noncompliance is a disciplinary matter that triggers Board
authority to fine and order remediation, but due process under the
West Virginia Administrative Procedures Act requires a contested case
hearing before revocation. Automatic revocation and permanent bar
are not authorized, and criminal referral is reserved for unlicensed
practice or fraud, not ordinary CME lapses.
Question 2
A West Virginia-licensed physician establishes a telehealth practice serving
patients exclusively in West Virginia from an out-of-state location. Under W.
Va. Code §30-3-13a and the Interstate Medical Licensure Compact, which
statement is correct?
A. The physician must obtain a full West Virginia license or a
Page 2
, telemedicine practice certificate unless practicing under a compact
expedited license.
B. The physician may practice indefinitely on their home-state license
because the Compact eliminates all state licensure requirements.
C. Telemedicine is exempt from Board jurisdiction if the physician never
physically enters West Virginia.
D. Only psychiatrists may use telemedicine across state lines under the
Compact's special provisions.
Correct Answer: A - The physician must obtain a full West
Virginia license or a telemedicine practice certificate unless
practicing under a compact expedited license.
RATIONALE
West Virginia requires a full license or telemedicine certificate for
practitioners treating patients located in the state, and the Interstate
Medical Licensure Compact provides an expedited pathway-not an
exemption from licensure. The Compact does not eliminate state
requirements, Board jurisdiction follows the patient's location, and no
specialty carve-out exists for psychiatry.
Question 3
A physician prescribes a Schedule II opioid for chronic non-cancer pain.
Which documentation element is most critical to satisfy West Virginia's
controlled substance prescribing rules under W. Va. Code §16-54 and Title 11
CSR 5?
A. A signed pain management agreement alone is sufficient for all
subsequent refills.
B. Documentation of a risk assessment, treatment plan, and query of the
West Virginia Controlled Substances Monitoring Program (CSMP) at
initiation and periodically.
C. A second physician's co-signature on every Schedule II prescription.
D. Notarized patient consent for opioid therapy filed with the Board
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, within 24 hours.
Correct Answer: B - Documentation of a risk assessment,
treatment plan, and query of the West Virginia Controlled
Substances Monitoring Program (CSMP) at initiation and
periodically.
RATIONALE
West Virginia mandates risk assessment, a documented treatment plan,
and CSMP queries when prescribing controlled substances for chronic
pain. A pain agreement alone is inadequate, co-signature is not
universally required, and notarized consent filing is not a statutory
requirement.
Question 4
During a Board of Medicine disciplinary investigation, a licensee refuses to
produce patient records, asserting Fifth Amendment protection. Which
principle governs?
A. The Fifth Amendment bars compelled production of records because
they are personal papers.
B. The Board may compel production because the records are required by
law and the privilege applies only to testimonial self-incrimination, not
the act of production.
C. The physician may refuse only if the records are kept outside West
Virginia.
D. Refusal automatically results in license suspension without a hearing.
Correct Answer: B - The Board may compel production because
the records are required by law and the privilege applies only to
testimonial self-incrimination, not the act of production.
Page 4
A physician licensed in West Virginia since 2005 fails to complete the required
continuing medical education (CME) audit submission by the Board's deadline.
Which statutory consequence is most accurate under W. Va. Code §30-3-14 and
Board rules?
A. Automatic license revocation without a hearing because CME
noncompliance is a jurisdictional defect.
B. The Board may impose a civil penalty and require completion of
deficient CME hours, but revocation requires a contested case hearing.
C. The licensee is permanently barred from reinstatement unless they
reapply as a new applicant.
D. The Board must refer the matter to the county prosecutor for criminal
misdemeanor charges.
Correct Answer: B - The Board may impose a civil penalty and
require completion of deficient CME hours, but revocation
requires a contested case hearing.
RATIONALE
CME noncompliance is a disciplinary matter that triggers Board
authority to fine and order remediation, but due process under the
West Virginia Administrative Procedures Act requires a contested case
hearing before revocation. Automatic revocation and permanent bar
are not authorized, and criminal referral is reserved for unlicensed
practice or fraud, not ordinary CME lapses.
Question 2
A West Virginia-licensed physician establishes a telehealth practice serving
patients exclusively in West Virginia from an out-of-state location. Under W.
Va. Code §30-3-13a and the Interstate Medical Licensure Compact, which
statement is correct?
A. The physician must obtain a full West Virginia license or a
Page 2
, telemedicine practice certificate unless practicing under a compact
expedited license.
B. The physician may practice indefinitely on their home-state license
because the Compact eliminates all state licensure requirements.
C. Telemedicine is exempt from Board jurisdiction if the physician never
physically enters West Virginia.
D. Only psychiatrists may use telemedicine across state lines under the
Compact's special provisions.
Correct Answer: A - The physician must obtain a full West
Virginia license or a telemedicine practice certificate unless
practicing under a compact expedited license.
RATIONALE
West Virginia requires a full license or telemedicine certificate for
practitioners treating patients located in the state, and the Interstate
Medical Licensure Compact provides an expedited pathway-not an
exemption from licensure. The Compact does not eliminate state
requirements, Board jurisdiction follows the patient's location, and no
specialty carve-out exists for psychiatry.
Question 3
A physician prescribes a Schedule II opioid for chronic non-cancer pain.
Which documentation element is most critical to satisfy West Virginia's
controlled substance prescribing rules under W. Va. Code §16-54 and Title 11
CSR 5?
A. A signed pain management agreement alone is sufficient for all
subsequent refills.
B. Documentation of a risk assessment, treatment plan, and query of the
West Virginia Controlled Substances Monitoring Program (CSMP) at
initiation and periodically.
C. A second physician's co-signature on every Schedule II prescription.
D. Notarized patient consent for opioid therapy filed with the Board
Page 3
, within 24 hours.
Correct Answer: B - Documentation of a risk assessment,
treatment plan, and query of the West Virginia Controlled
Substances Monitoring Program (CSMP) at initiation and
periodically.
RATIONALE
West Virginia mandates risk assessment, a documented treatment plan,
and CSMP queries when prescribing controlled substances for chronic
pain. A pain agreement alone is inadequate, co-signature is not
universally required, and notarized consent filing is not a statutory
requirement.
Question 4
During a Board of Medicine disciplinary investigation, a licensee refuses to
produce patient records, asserting Fifth Amendment protection. Which
principle governs?
A. The Fifth Amendment bars compelled production of records because
they are personal papers.
B. The Board may compel production because the records are required by
law and the privilege applies only to testimonial self-incrimination, not
the act of production.
C. The physician may refuse only if the records are kept outside West
Virginia.
D. Refusal automatically results in license suspension without a hearing.
Correct Answer: B - The Board may compel production because
the records are required by law and the privilege applies only to
testimonial self-incrimination, not the act of production.
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