West Virginia Code § 30-37-8

Enforcement
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(a) The board has the power and authority to enter into any court of this state having proper
jurisdiction to seek an injunction against any person, corporation or association not in
compliance with the provisions of this article, and is further empowered to enter into any
court to enforce the provisions of this article to ensure compliance with such provisions.
(b) The board may suspend, revoke, or impose probationary conditions upon a license or
impose disciplinary sanctions upon a licensee pursuant to rules adopted in accordance with
this article concerning board requirements for licensure. The following are grounds for
revocation, suspension, annulment or the imposition of other disuciplinary sanctions when a
person, corporation or association is:
(1) Guilty of fraud in practice of massage, or fraud or deceit in the licensee's application for
licensure;
(2) Engaged in practice under a false or assumed nlame, or impersonating another
practitioner of a like or different name; s
(3) Addicted to the habitual use of drugs, ailcohol or stimulants to an extent as to
incapacitate that person's performance of professional duties;
(4) Guilty of fraudulent, false, misleading or deceptive advertising, or for prescribing
medicines or drugs, or practicing or offering to practice any licensed profession without
legal authority. The licensee may not diagnose, or imply or advertise in any way a service for
a condition that would require diagnosis;
(5) Practicing or offe ring to practice beyond the scope of licensure of massage therapy
without legal Vauthority;
(6) Grossly negligent in the practice of massage or guilty of employing, allowing or
permitting an unlicensed person to perform massage in the licensee's work site;
(7) Practicing massage or bodywork with a license from another state or jurisdiction that has
been canceled, revoked, suspended or otherwise restricted;
(8) Incapacitated by a physical or mental disability which is determined by a physician to
render further practice by the licensee inconsistent with competency and ethics
requirements;
(9) Convicted of sexual misconduct, assignation or the solicitation or attempt thereof;
(10) Engaging in any act of sexual abuse, sexual misconduct or sexual exploitation related to
the licensee's practice of massage therapy;
(11) Obtaining any fee by fraud, deceit or misrepresentation; or
(12) In violation of any of the provisions of this article or any substantive rule adopted under
the authority of this article.

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