West Virginia good-faith exam for med spas
Requirements for the good-faith examination before treatment. Below are the West Virginia rules that govern it, each linked to its primary source. Monitoring and reference, not legal advice.
Good-faith examination in West Virginia
West Virginia legislates the telemedicine encounter in detail, and the detail is restrictive at the front end. A physician-patient relationship MAY NOT be established through text-based communications such as e-mail, Internet questionnaires, text-based messaging or other written forms of communication. Where no relationship existed beforehand, or where services are rendered solely by telemedicine, it may be established only through interactive audio using store and forward technology, real-time videoconferencing or similar secure video services at the initial encounter — or through real-time audio-only calls, with the statute stating that audio-visual communication is preferable if available or possible. Once the relationship exists, whether in person or by those routes, the physician may use any telemedicine technology that meets the standard of care and suits the presentation. The Act also fixes jurisdiction: the practice of medicine occurs where the PATIENT is located when the technology is used.
A physician-patient or podiatrist-patient relationship may not be established through: Text-based communications such as e-mail, Internet questionnaires, text-based messaging, or other written forms of communication.
W. Va. Code §30-3-13a(c)(1) · verified Sep 3, 2026
If an existing physician-patient or podiatrist-patient relationship does not exist prior to the utilization to telemedicine technologies, or if services are rendered solely through telemedicine technologies, a physician-patient or podiatrist-patient relationship may only be established through the use of telemedicine technologies which incorporate interactive audio using store and forward technology, real-time videoconferencing, or similar secure video services during the initial physician-patient or podiatrist-patient encounter.
W. Va. Code §30-3-13a(c)(2)(A) · verified Sep 3, 2026
A physician-patient or podiatrist-patient relationship may be established through the use of audio-only calls or conversations that occur in real time. Patient communication though audio-visual communication is preferable, if available or possible.
W. Va. Code §30-3-13a(c)(2)(C) · verified Sep 3, 2026
Once a physician-patient or podiatrist-patient relationship has been established, either through an in-person encounter or in accordance with subdivision (2) of this subsection, the physician or podiatrist may utilize any telemedicine technology that meets the standard of care and is appropriate for the patient presentation.
W. Va. Code §30-3-13a(c)(3) · verified Sep 3, 2026
The practice of medicine occurs where the patient is located at the time the telemedicine technologies are used. A physician or podiatrist who practices telemedicine must be licensed as provided in this article or registered as provided in §30-1-1 et seq. of this code.
W. Va. Code §30-3-13a(b) · verified Sep 3, 2026
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