West Virginia CPOM Rules 2026: Who Can Own a Practice

Yes. West Virginia restricts the corporate practice of medicine, and it does so mainly through licensing paperwork rather than case law. Under W. Va. Code § 30-3-15, a corporation may not practice medicine without a certificate of authorization from the West Virginia Board of Medicine, and the Board issues those certificates to entities owned by its licensees. Professional limited liability companies face the same rule: every member must be a licensed physician or podiatrist.

As of October 2026, the bottom line for a non-physician founder is the friendly PC-MSO model: a West Virginia-licensed physician owns the practice entity, and your company owns the management company. NP and PA founders face more friction here than in most states. NPs need a collaborative agreement to prescribe for their first years, and PAs cannot practice independently of a collaborating physician.

This is general information, not legal advice. Confirm the current rules with a healthcare attorney licensed in West Virginia.

Last reviewed October 2026. State rules change often; statute and case references are summaries, not quotations.

Key takeaways

W. Va. Code § 30-3-15 makes a Board of Medicine certificate of authorization a precondition for a corporation to practice medicine in West Virginia.
A medical corporation may practice only through individual physicians, podiatric physicians or physician assistants licensed in West Virginia.
The Board of Medicine requires every member of a medical PLLC to hold an active West Virginia physician or podiatrist license in good standing.
West Virginia NPs need a written collaborative agreement to prescribe until the Board of Nursing approves independent prescribing after three years of documented collaborative practice.
Out-of-state physicians can treat West Virginia patients by telehealth through an interstate telehealth registration, which is not a full license.

Does West Virginia have a corporate practice of medicine doctrine?

Yes, in statutory form. West Virginia's restriction lives in the Medical Practice Act rather than in a landmark court decision.

W. Va. Code § 30-3-15 is the core provision. It says:

a corporation cannot practice or offer to practice medicine, surgery or podiatric medicine without a certificate of authorization from the Board of Medicine;
the Board may issue a certificate to a medical corporation organized by individuals it licenses, and licensees of the Board of Osteopathic Medicine may participate;
an authorized corporation may practice only through individuals licensed in West Virginia;
if a shareholder loses their license or shares pass to an unlicensed person, the corporation must stop practicing once notified, with a limited window for a deceased shareholder's estate to transfer the shares.

The Board's medical corporations overview describes the process: Board authorization first, then filing with the Secretary of State, then biennial renewal.

We did not find a West Virginia appellate decision or Attorney General opinion addressing lay employment of physicians outside the certificate scheme. Secondary sources, including an American Bar Association Health Lawyer article, report that the Board has indicated nonprofit hospitals may employ physicians. We could not locate that Board statement itself, so treat the hospital exception as a point to confirm.

Who can own a medical practice in West Virginia?

West Virginia-licensed physicians and podiatrists, through two main vehicles:

Medical corporation. A corporation holding a Board certificate of authorization under § 30-3-15. Shareholders must be licensees; physicians, podiatric physicians and PAs may also practice as employees.
Professional limited liability company. The Board's PLLC application and its legislative rule on PLLC formation (11 CSR 7) require that all members be licensed allopathic, osteopathic or podiatric physicians with active West Virginia licenses. The rule also requires proof of professional liability insurance at a level the rule sets.

Both entity types need Board approval before they operate. A lay investor cannot hold equity in either.

Can nurse practitioners and physician assistants own a practice in West Virginia?

Nurse practitioners. The site's data lists West Virginia as a reduced practice state, and the prescribing rules explain why. Under W. Va. Code § 30-7-15b, an APRN needs a written collaborative agreement with a physician to prescribe. After at least three years of practice in a documented collaborative relationship with prescriptive authority, the APRN may apply to the Board of Nursing to prescribe without one. The Board can still require collaboration through its complaint process.

The medical corporation and medical PLLC are physician vehicles, so an NP should not expect to own an entity that employs physicians. An NP-led brand typically pairs an NP-owned nursing practice, or an MSO, with physician collaborators.

Physician assistants. Under the Physician Assistants Practice Act, W. Va. Code § 30-3E, a PA may not practice independently of a collaborating physician. A 2026 Senate bill, SB 471, would have authorized PAs to own a business. The legislature's history shows a committee referral and no further action, so check its status before relying on it. Other 2026 bills would have broadened non-physician independent practice; the AMA opposed at least one of them.

How does the friendly PC-MSO model work in West Virginia?

The structure is the standard friendly PC-MSO model:

A West Virginia-licensed physician forms a medical corporation or PLLC and obtains the Board's certificate of authorization.
Your company owns the MSO, which supplies staff, technology, marketing, billing and space under a management services agreement.
Licensed clinicians inside the practice entity make every clinical decision.

Two West Virginia points to plan for:

Ownership continuity. Because the certificate depends on licensed ownership, build a succession mechanism into the MSA and stock transfer restriction agreement. If the physician owner loses their license or leaves, the practice must stop practicing until ownership is fixed.
Fees. We did not find a West Virginia statute or Board rule that squarely addresses percentage-of-revenue management fees. A flat or cost-plus fee tied to documented services is the conservative choice.

Our management services agreement guide covers the clauses that matter.

What does this mean for a telehealth brand serving West Virginia patients?

CPOM and licensure follow the patient's location. Treat a patient in Charleston or Morgantown, and West Virginia rules apply wherever your company is based.

West Virginia offers out-of-state physicians an interstate telehealth registration under W. Va. Code § 30-3-13a and the Board's telehealth rule (11 CSR 15). Key limits:

the registrant needs an active, unrestricted license in another state and no pending investigation;
the registration is not a license to practice medicine in West Virginia and covers only telehealth;
the registrant cannot practice from a physical location in the state;
you cannot see West Virginia patients while the application is pending;
the registration renews on a set annual cycle.

Practitioners who bill West Virginia Medicaid must also enroll as interstate providers. A workable setup: a physician-owned West Virginia entity, out-of-state physicians on interstate telehealth registrations, and NPs or PAs with full West Virginia licenses and collaborative agreements in place. See our telehealth licensing by state guide.

West Virginia CPOM at a glance

Topic	West Virginia (as of October 2026)
CPOM enforcement	Moderate: statutory certificate-of-authorization requirement for medical entities
Primary legal basis	W. Va. Code § 30-3-15; Board of Medicine rule 11 CSR 7 (PLLCs)
Professional entity options	Medical corporation or PLLC owned by West Virginia-licensed physicians or podiatrists
Fee-splitting rule	No specific rule on MSO percentage fees found; use flat or cost-based fees
NP practice authority	Reduced: collaborative agreement required to prescribe for at least three years
Out-of-state telehealth licensing	Yes: interstate telehealth registration (W. Va. Code § 30-3-13a)
Typical structure for non-physician founders	Physician-owned medical corporation or PLLC plus lay-owned MSO

Frequently asked questions

Can a non-physician own a medical practice in West Virginia?

No. A corporation needs a Board of Medicine certificate of authorization to practice medicine, and medical corporations and PLLCs must be owned by licensed physicians or podiatrists. A non-physician can own the MSO that manages a physician-owned practice.

Is West Virginia's CPOM rule in a statute?

Yes. W. Va. Code § 30-3-15 bars corporations from practicing medicine without a Board certificate of authorization, and Board rules require PLLC members to be licensed physicians or podiatrists.

Can a nurse practitioner open an independent practice in West Virginia?

An NP can practice within their scope, but prescribing requires a collaborative agreement until the Board of Nursing approves independent prescribing after at least three years of documented collaborative practice. NPs cannot own a medical corporation that employs physicians.

Can physician assistants own a practice in West Virginia?

Not on their own. West Virginia PAs must practice with a collaborating physician. A 2026 bill would have let PAs own a business, but it did not advance beyond committee referral as far as we could find, so check its status.

Can out-of-state doctors treat West Virginia patients by telehealth?

Yes, through an interstate telehealth registration with the Board of Medicine. It covers telehealth only, does not allow practice from a West Virginia location, and cannot be used while the application is pending.

Sources

For other states, see our corporate practice of medicine 50-state guide, or compare neighboring Virginia and Kentucky.

Launch in West Virginia on a structure that is already built

MyOrbitHealth can form a PC-MSO structure for your brand, supply a physician PC owner or collaborating physician, or let you launch on its existing MSO / friendly-PC structure with 2,400+ licensed providers making every clinical decision. Explore PC-MSO formation and physician PC owner services, or book a call.