Is an exam required before a patient can be treated in West Virginia?
Intake · part of The Practice Perimeter
Short answer
The cited rules do not settle this — none of them impose a pre-treatment exam. What they establish is narrower: a physician-patient relationship cannot be created through e-mail, internet questionnaires, text messaging, or other written communication.
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.
Drawn from 5 verified rules in this section · regulatory monitoring, not legal advice
- W. Va. Code §30-3-13a(c)(1) · Sep 3, 2026
- W. Va. Code §30-3-13a(c)(2)(A) · Sep 3, 2026
- W. Va. Code §30-3-13a(c)(2)(C) · Sep 3, 2026
- W. Va. Code §30-3-13a(c)(3) · Sep 3, 2026
- W. Va. Code §30-3-13a(b) · Sep 3, 2026
Related West Virginia rules
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
How other states answer this
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Related West Virginia questions
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← All West Virginia rules and changes · MedSpaRadar is regulatory monitoring and reference: it summarizes public laws, regulations and agency actions and links each to its source. It is not legal, medical, or compliance advice, and using it creates no attorney-client relationship. A summary can lag its source or leave out detail, and monitoring itself can be interrupted — so an absence of alerts means nothing reached you, not that nothing happened. Read the cited source, check its effective date, and confirm any change to your operations or clinical practice with qualified health-law counsel and your medical director. Legislative data via LegiScan (CC BY 4.0).