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WV Code § 30-28-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-5. West Virginia Board of Occupational Therapy

(a) The West Virginia Board of Occupational Therapy is continued with the following five members appointed by the Governor by and with the advice and consent of the Senate:(1) Three licensed occupational therapists;(2) One licensed occupational therapy assistant; and(3) One citizen member, who is not licensed under the provisions of this article.(b) The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, consulting or conducting research in occupational therapy for at least three years immediately preceding their appointments.(c) No board member may serve as an officer of the West Virginia Occupational Therapy Association concurrently with his or her service on the board.(d) The members of the board in office on December 31, 2008, shall, unless sooner removed, continue to serve until their respective terms expire or their successors have been appointed and qualified.(e) The term shall be for three years commencing on January 1. A member may not serve more than two consecutive full terms. A member having served two consecutive full terms may not be appointed for one year after completion of his or her second full term. A member may continue to serve until a successor has been appointed and qualified.(f) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for a period of not less than three years immediately preceding the appointment.(g) Each member of the board must be a resident of this state during the appointment term.(h) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.(i) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.(j) A member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked, is convicted of a felony under the laws of any jurisdiction, or becomes a nonresident of this state.(k) The board shall elect annually one of its members as chairperson who serves at the will of the board.(l) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.(m) A majority of the members of the board constitutes a quorum.(n) The board shall hold at least two annual meetings. Other meetings may be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.(o) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
WV Code § 30-28-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-6. Powers and Duties of the Board

(a) The board has all the powers and duties set forth in this article, by legislative rule, in article one of this chapter and elsewhere in law.(b) The board shall:(1) Hold meetings and conduct hearings;(2) Establish requirements for licenses and permits;(3) Establish procedures for submitting, approving and rejecting applications for licenses and permits;(4) Determine the qualifications of any applicant for a license or permit;(5) Propose rules for legislative approval relating to professional conduct and ethical standards of practice;(6) Communicate disciplinary actions to relevant state and federal authorities, the National Board for Certification in Occupational Therapy (NBCOT), the American Occupational Therapy Association (AOTA) and other applicable authorities when public safety is at risk;(7) Maintain an office and hire, discharge, establish the job requirements and fix the compensation of employees and contracted employees necessary to enforce the provisions of this article including, but not limited to, the executive secretary;(8) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;(9) Conduct disciplinary hearings of persons regulated by the board;(10) Determine disciplinary action and issue orders;(11) Institute appropriate legal action for the enforcement of the provisions of this article;(12) Maintain an accurate registry of names and addresses of all persons regulated by the board;(13) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;(14) Establish by legislative rule the continuing education and competency requirements for licensees;(15) Issue, renew, combine, deny, suspend, revoke or reinstate licenses and permits;(16) Establish a fee schedule;(17) Take all other actions necessary and proper to effectuate the purposes of this article; and(18) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article.(c) The board may:(1) Approve and contract with third parties to administer the examinations required under the provisions of this article;(2) Sue and be sued in its official name as an agency of this state; and(3) Confer with the Attorney General or his or her assistants in connection with legal matters and questions.
WV Code § 30-28-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-7. Rulemaking

(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:(1) Standards and requirements for licenses and permits;(2) Designate third parties to establish educational requirements and to prepare and/or administer examinations and reexaminations;(3) Procedures for the issuance and renewal of a license, temporary license and limited permit;(4) A fee schedule;(5) Continuing education and competency requirements for licensees;(6) Establishment of competency standards;(7) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee or permittee;(8) Requirements for reinstatement of revoked licenses; and(9) Any other rules necessary to effectuate the provisions of this article.(b) The board is authorized to promulgate emergency rules in accordance with section fifteen, article three, chapter twenty-nine-a of this code to establish competency standards for advance treatment techniques as set forth in subdivision six, subsection (a) of this section.(c) All rules in effect on the effective date of this article shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.
WV Code § 30-28-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-8. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the state Treasury designated the "West Virginia Board of Occupational Therapy", which is continued. The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.(b) Any amount received as fines, imposed pursuant to this article, shall be deposited into the General Revenue Fund of the state Treasury.
WV Code § 30-28-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-9. Persons and Practices Not Affected

This article does not prevent or restrict the practice, services or activities of:(1) Any person licensed under any other law of this state performing services within the authorized scope of practice for which he or she is licensed;(2) Any person pursuing a course of study leading to a degree in Occupational Therapy from an accredited educational program if the person acts under the supervision of a clinical supervisor or instructor of the accredited education program and is designated by a title which clearly indicates his or her status as a student; or(3) Any person fulfilling the supervised fieldwork experience requirements of section ten of this article.
WV Code § 30-28-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-10. Qualifications of Applicants for License

To be eligible for a license to engage in the practice of occupational therapy, the applicant must:(1) Be of good moral character;(2) Have successfully completed the academic requirements of an educational program for Occupational Therapists or Occupational Therapy Assistants that is accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor organizations;(3) Have successfully completed a period of supervised fieldwork experience required by the recognized educational institution where he or she met the academic requirements;(4) Have passed an examination approved by the board;(5) Have filed an application on forms provided by the board; and(6) Have paid the applicable fee.
WV Code § 30-28-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-11. Examination

(a) A person who has met the requirements of subsections (1), (2) and (3), section ten of this article, may make application for examination.(b) Each applicant for licensure shall be examined by written or computerized examination to test his or her knowledge of the basic and clinical sciences relating to occupational therapy, and occupational therapy theory and practice, including the professional skills and judgment of the applicant in the utilization of occupational therapy techniques and methods, and other subjects the board may require to determine the fitness for practice of the applicant. The examination may be administered by the National Board for Certification in Occupational Therapy, Inc. (NBCOT) or another nationally recognized credentialing body as approved by the board.
WV Code § 30-28-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-12. Licensees From Other Jurisdictions; Internationally Educated Applicants

(a) The board may issue a license to practice to any applicant who presents proof of current licensure as an occupational therapist or an occupational therapy assistant in another jurisdiction which requires standards for licensure considered by the board or by a board-approved credentialing agency to be equivalent to the requirements for licensure in this state and who meets the requirements of section ten of this article.(b) The board may grant a license to an applicant who was educated outside of the United States or its territories in an educational program whose standards are determined by the board or by a board-approved credentialing agency to be equivalent to the standards required for licensure in this state and who meets the requirements of section ten of this article.(c) In its discretion, the board may examine a person by a written, oral or skills test for licensing under this section, and may enter into agreements for reciprocal licensing with other jurisdictions having substantially similar requirements for licensure.
WV Code § 30-28-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-13. Issuance of a License, Limited Permit and Temporary License

(a) The board shall issue a license to any person who meets the requirements of this article upon payment of the license fee prescribed.(b) The board may issue a limited permit to persons who have completed the education and fieldwork experience requirements of this article. The holder of a limited permit may practice occupational therapy only under the direct close supervision of an occupational therapist who holds a current license in this state. A limited permit is not renewable, and is valid for ninety days: Provided, That the limited permit expires immediately if the holder receives notification of a failing score on the examination.(c) The board may issue a temporary license to an occupational therapist or an occupational therapy assistant who is licensed and in good standing in a jurisdiction whose standards are determined by the board or by a board-approved credentialing agency to be equivalent to the standards required for licensure in this state and who has submitted an application and the required fee. The holder of a temporary license may practice occupational therapy only in accordance with the provisions of this article. A temporary license is nonrenewable and is valid for thirty days.(d) The board shall prescribe the form of licenses. The licensee shall conspicuously display the license or a copy of the license at his or her principal place of employment. The licensee shall produce the original license upon the request of the board.
WV Code § 30-28-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-14. Renewal of License; Renewal of Lapsed License; Suspension, Revocation and Refusal to Renew; Reinstatement of Revoked License

(a) Licenses may be renewed biennially upon documentation of required continuing education and payment of a renewal fee.(b) A license which has lapsed may be renewed within one year of its expiration date in the manner set by the board. After the expiration of one year, a license may be renewed only by complying with the requirements relating to the issuance of an original license.(c) The board may suspend, revoke or refuse to renew a license for any reason which would justify the denial of an original application for licensure.(d) The board may consider the reinstatement of a license which has been revoked upon a showing that the applicant can resume practicing with reasonable skill and safety.
WV Code § 30-28-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-17. Procedures for Hearing; Right of Appeal

(a) Hearings shall be governed by the provisions of section eight, article one of this chapter.(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.(c) If the hearing is conducted by an administrative law judge, the administrative law judge shall prepare a proposed written order at the conclusion of a hearing containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.(e) If, after a hearing, the board determines the licensee or permittee has violated any provision of this article or the board's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
WV Code § 30-28-18 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-18. Judicial Review

Any licensee or permittee adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
WV Code § 30-28-19 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-19. Criminal Proceedings; Penalties

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee or permittee has committed a criminal offense under this article, the board may bring the information to the attention of an appropriate law-enforcement official.(b) Effective July 15, 2009, a person violating a provision of this article is guilty of a misdemeanor and, upon conviction, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.
WV Code § 30-28-20 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-20. Single Act Evidence of Practice

In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
WV Code § 30-28-21 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 28. West Virginia Occupational Therapy Practice Act|§30-28-21. Effective Dates of Certain Provisions

The provisions of this article as amended and reenacted during the regular session of 2009, except for the provisions of sections seven, sixteen and nineteen, are effective as of July 1, 2009.
WV Code § 30-29-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 29. Law-Enforcement Training and Certification|§30-29-2. Law-Enforcement Professional Standards Subcommittee

(a) The Law-Enforcement Professional Standards Subcommittee is continued as a subcommittee of the Governor's Committee on Crime, Delinquency and Correction. The subcommittee has the following responsibilities:(1) Review and administer programs for qualification, training and certification of law-enforcement officers in the state; and(2) Consider applications by law-enforcement officers whose certification is deemed inactive as a result of his or her separation from employment with a law-enforcement agency.(b) The subcommittee shall be comprised of eleven members, including one representative of each of the following:(1) West Virginia State Police;(2) Law-enforcement section of the Department of Natural Resources;(3) West Virginia Sheriffs' Association;(4) West Virginia Association of Chiefs of Police;(5) West Virginia Deputy Sheriffs' Association;(6) West Virginia State Lodge Fraternal Order of Police;(7) West Virginia Municipal League;(8) West Virginia Association of County Officials;(9) Human Rights Commission;(10) West Virginia Troopers Association; and(11) The public at large.(c) The subcommittee shall elect a chairperson and a vice chairperson. Special meetings may be held upon the call of the chairperson, vice chairperson or a majority of the members of the subcommittee. A majority of the members of the subcommittee who are present in person, by proxy or designation, or by electronic means constitutes a quorum. Any member appointed to the subcommittee who is a written designated representative has the full rights of a member, including the right to vote, serve on subcommittees or perform any other function.
WV Code § 30-29-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 29. Law-Enforcement Training and Certification|§30-29-4. Special Revenue Account—collections; Disbursements; Administrative Expenses

(a) A $12 fee shall be added to the usual court costs of all criminal court proceedings involving violation of any criminal law of the state or any county or municipality of the state, excluding violations of municipal parking ordinances, unless the fee is later modified pursuant to a legislative rule.(b) A $12 fee shall be added to the amount of any cash or property bond posted for violation of any criminal law of the state or any county or municipality of the state, excluding bonds posted solely for violation of municipal parking ordinances, unless the fee is later modified pursuant to a legislative rule. Upon forfeiture of the bond, the $12 fee shall be deposited as provided in §30-29-4(c) of this code.(c) All fees collected pursuant to §30-29-4(a) and §30-29-4(b) of this code shall be deposited in a separate account by the collecting agency. Within 10 calendar days following the beginning of each calendar month, the collecting agency shall forward the amount deposited to the State Treasurer. The Treasurer shall deposit all fees received into a special revenue account. The subcommittee shall disburse funds in the account for the funding of law-enforcement entry level training programs, professional development programs, the certification of law-enforcement officers, and to pay expenses of the Governors Committee on Crime, Delinquency, and Correction, or the subcommittee in administering the provisions of this article. The expenses may not in any fiscal year exceed 15 percent of the funds deposited to the special revenue account during that fiscal year.(d) The fees established by this section may be modified by legislative rule as provided in §30-29-3 of this code.
WV Code § 30-29-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 29. Law-Enforcement Training and Certification|§30-29-6. Review of Certification

Certification of each West Virginia law-enforcement officer shall be reviewed annually following the first certification and until such time as the officer may achieve exempt rank. Certification may be revoked, suspended or not renewed if any law-enforcement officer fails to attend annually an in-service approved law-enforcement training program, or if a law-enforcement officer achieving exempt rank fails to attend biennially an approved in-service supervisory level training program. When a law-enforcement officer is a member of the United States Air Force, Army, Coast Guard, Marines or Navy, or a member of the national guard or reserve military forces of any such armed forces, and has been called to active duty, resulting in separation from a law-enforcement agency for more than twelve months but less than twenty-four months, he or she shall attend and complete the mandated in-service training for the period and rank and qualify with his or her firearm within ninety days from his or her reappointment as a law-enforcement officer by a law-enforcement agency.
WV Code § 30-29-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 29. Law-Enforcement Training and Certification|§30-29-7. Compliance

The subcommittee and the executive of each West Virginia law-enforcement agency shall ensure employee compliance with this article.