reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-8. General Requirements to Be Certified as a Registered Forester

(a) To be eligible to be certified as a registered forester, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Have obtained either:
(A) Completion of a four-year degree program or masters degree program in forest management, accredited by the Society of American Foresters, or other accrediting body as determined by the board, and have two years related experience in the field of forestry; or
(B) Completion of a two-year technical forestry program in a program accredited or recognized by the Society of American Foresters, completion of a bachelor's degree in a field used in the practice of forestry as approved by the board and four years related experience in the field of forestry;
(4) Successfully pass an examination approved by the board.
(b) Those persons licensed by the board as a forester as of the effective date of this section are not required to take the examination.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-9. General Requirements to Be Registered Forestry Technician

To be eligible to be certified as a registered forestry technician, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Graduate from a two-year technical forestry program accredited or recognized by the Society of American Foresters;
(4) Complete four years of related experience in the field of forestry.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-10. Qualifications for Permit as a Forester-in-Training or a Forestry Technician-in-Training

(a) The board may issue a permit to practice as a forester-in-training or a forestry technician-in-training to an applicant who meets all the requirements for certification, except the experience requirements of paragraph (A) or (B), subdivision three, subsection (a), section eight or subdivision four, section nine.
(b) A permit to practice as a forester-in-training or forestry technician-in-training may be renewed annually for a period not to exceed five years. The board may extend the five year limitation if the board finds the applicant experienced an undue hardship which prevented the attainment of the required experience.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-11. License From Another State

The board may issue a certification to a person as a registered forester in this state, without requiring an examination, to an applicant from another jurisdiction who:
(1) Is not a resident of this state;
(2) Is of good moral character;
(3) Holds a valid forestry license or other authorization to practice forestry in another jurisdiction which meets requirements that are substantially equivalent to the certification requirements set forth in this article;
(4) Is not currently being investigated by a disciplinary authority of this state or another jurisdiction, does not have charges pending against his or her authorization, and has never had his or her authorization revoked;
(5) Has not previously failed an examination for certification in this state;
(6) Has paid all the applicable fees; and
(7) Has completed such other action as required by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-12. Renewal Requirements

(a) All persons regulated under the provisions of this article shall annually before January 1, renew his or her certification or permit by completing a form prescribed by the board and submit any other information required by the board.
(b) At least thirty days prior to July 1 of each year, the board shall mail to every person regulated under the provisions of this article an application for renewal.
(c) The board shall charge a fee for each renewal of a certification or permit and may charge a late fee for any renewal not paid in a timely manner.
(d) The board shall require as a condition for the renewal of a certification or permit that each person regulated under the provisions of this article complete continuing education.
(e) The board may deny an application for renewal for any reason which would justify the denial of an original application for a certification or permit.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-14. Procedures for Hearing; Right of Appeal

(a) Hearings shall be governed by 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, at the conclusion of a hearing he or she shall prepare a proposed written order 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 certificate holder or permittee has violated 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-15. Judicial Review; Appeal to Supreme Court of Appeals

Any certificate holder 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-16. Criminal Proceedings; Penalties

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a certificate holder or permitee 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 thereof, 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-1. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice physical therapy in this state without a license or permit issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are a physical therapist or a physical therapist assistant unless the person has been duly licensed or permitted under the provisions of this article, and the license or permit has not expired, been suspended or revoked.
(b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of physical therapy, except through a licensee or permittee.
(c) A person who is not licensed under this article as a physical therapist may not characterize himself or herself as a "physical therapist", "physiotherapist", or "doctor of physical therapy", nor may a person use the designation "PT", "DPT", "LPT", "CPT", or "RPT".
(d) A person who is not licensed under this article as a physical therapist assistant may not characterize himself or herself as a "physical therapist assistant", nor may a person use the designation "PTA".
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-3. Definitions

As used in this article:
(1) "Applicant" means any person making application for an original or renewal license or a temporary permit under the provisions of this article.
(2) "Board" means the West Virginia Board of Physical Therapy.
(3) "Business entity" means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity providing physical therapy services.
(4) "Consultation" means a physical therapist renders an opinion or advice to another physical therapist or health care provider through telecommunications.
(5) "Direct supervision" means the actual physical presence of the physical therapist in the immediate treatment area where the treatment is being rendered.
(6) "General supervision" means the physical therapist must be available at least by telecommunications.
(7) "License" means a physical therapist license or license to act as a physical therapist assistant issued under the provisions of this article.
(8) "Licensee" means a person holding a license under the provisions of this article.
(9) "On-site supervision" means the supervising physical therapist is continuously on-site and present in the building where services are provided, is immediately available to the person being supervised, and maintains continued involvement in appropriate aspects of each treatment session.
(10) "Permit" or "temporary permit" means a temporary permit issued under the provisions of this article.
(11) "Permittee" means any person holding a temporary permit issued pursuant to the provisions of this article.
(12) "Physical therapy aide" means a person trained under the direction of a physical therapist who performs designated and routine tasks related to physical therapy services under the direction supervision of a physical therapist.
(13) "Physical therapist" means a person engaging in the practice of physical therapy who holds a license or permit issued under the provisions of this article.
(14) "Physical therapist assistant" means a person holding a license or permit issued under the provisions of this article who assists in the practice of physical therapy by performing patient related activities delegated to him or her by a physical therapist and performs under the supervision of a physical therapist and which patient related activities commensurate with his or her education and training, including physical therapy procedures, but not the performance of evaluative procedures or determination and modification of the patient plan of care.
(15) "Practice of physical therapy" or "physiotherapy" means the care and services as described in section nine of this article.
(16) "Telecommunication" means audio, video or data communication.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-4. West Virginia Board of Physical Therapy

(a) The West Virginia Board of Physical Therapy is continued. The members of the board in office on July 1, 2010, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b) To be effective July 1, 2010, the Governor shall appoint, by and with the advice and consent of the Senate:
(1) One person who is a physical therapist assistant for a term of five years; and
(2) One citizen member, who is not licensed under the provisions of this article and who does not perform any services related to the practice of the professions regulated under the provisions of this article or have a financial interest in any health care profession, for a term of three years.
(c) Commencing July 1, 2010, the board shall consist of the following seven members:
(1) Five physical therapists;
(2) One physical therapist assistant; and
(3) One citizen member.
(d) After the initial appointment term, the term shall be for five years. All appointments to the board shall be made by the Governor by and with the advice and consent of the Senate.
(e) 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 five years immediately preceding the appointment.
(f) Each member of the board must be a resident of this state during the appointment term.
(g) A member may not serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified.
(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 licensed member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked.
(k) Any member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.
(l) The board shall elect annually one of its members as chairperson who serves at the will of the board.
(m) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.
(n) A majority of the members of the board constitutes a quorum.
(o) 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.
(p) 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-5. Powers and Duties of the Board

(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer examinations;
(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 licenses and permits;
(5) Prepare, conduct, administer and grade examinations for licenses;
(6) Determine the passing grade for the examinations;
(7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examinations and the pass and fail rate;
(8) Hire, discharge, establish the job requirements and fix the compensation of the executive secretary;
(9) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators and contracted employees necessary to enforce the provisions of this article;
(10) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;
(11) Conduct disciplinary hearings of persons regulated by the board;
(12) Determine disciplinary action and issue orders;
(13) Institute appropriate legal action for the enforcement of the provisions of this article;
(14) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(15) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(16) Establish the continuing education requirements for licensees;
(17) Issue, renew, combine, deny, suspend, restrict, revoke or reinstate licenses and permits;
(18) Establish a fee schedule;
(19) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and
(20) Take all other actions necessary and proper to effectuate the purposes of this article.
(c) The board may:
(1) Contract with third parties to administer 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 assistant in connection with legal matters and questions.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-6. 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) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare or administer, or both, examinations and reexaminations;
(4) Educational and experience requirements;
(5) The passing grade on the examinations;
(6) Standards for approval of courses and curriculum;
(7) Procedures for the issuance and renewal of licenses and permits;
(8) A fee schedule;
(9) The scope of practice and supervision of physical therapist assistants;
(10) Responsibilities of a physical therapist and physical therapist assistant concerning the practice and supervision of physical therapy aides;
(11) Continuing education requirements for licensees;
(12) Establishing a maximum ratio of physical therapist assistants, or physical therapy aides involved in the practice of physical therapy, or any combinations that can be supervised by a physical therapist at any one time;
(13) Exceptions to the ratio of physical therapist assistants a physical therapist may supervise including emergencies, safety and temporary situations;
(14) Permitting a physical therapist assistant to directly supervise a physical therapy aide in an emergency situation;
(15) The procedures for denying, suspending, restricting, revoking, reinstating or limiting the practice of licensees and permittees;
(16) Adopt a standard for ethics;
(17) Requirements for inactive or revoked licenses or permits; and
(18) Any other rules necessary to effectuate the provisions of this article.
(b) The board shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to establish a maximum ratio of physical therapist assistants, or physical therapy aides involved in the practice of physical therapy, or any combinations that can be supervised by a physical therapist at any one time.
(c) All of the board's rules in effect on July 1, 2010, 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-7. 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 Physical Therapy Fund", 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 amounts received as fines pursuant to this article shall be deposited into the General Revenue Fund of the State Treasury.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-8. License to Practice Physical Therapy

(a) To be eligible for a license to engage in the practice of physical therapy, the applicant must:
(1) Submit an application to the board;
(2) Be at least eighteen years of age;
(3) Be of good moral character;
(4) Have graduated from an accredited school of physical therapy approved by the Commission on Accreditation in Physical Therapy Education or a successor organization;
(5) Pass a national examination as approved by the board;
(6) Not be an alcohol or drug abuser, as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered;
(7) Not have been convicted of a felony in any jurisdiction within ten years preceding the date of application for license which conviction remains unreversed;
(8) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of physical therapy, which conviction remains unreversed; and
(9) Has fulfilled any other requirement specified by the board.
(b) A physical therapist shall use the letters "PT" immediately following his or her name to designate licensure under this article.
(c) A license to practice physical therapy issued by the board prior to July 1, 2010, is considered a license issued under this article: Provided, That a person holding a license issued prior to July 1, 2010, must renew the license pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-9. Scope of Practice of a Physical Therapist

A physical therapist may:
(1) Examine, evaluate and test patients or clients with mechanical, physiological and developmental impairments, functional limitations, and disabilities or other health and movement related conditions in order to determine a diagnosis, prognosis and plan of treatment intervention, and to assess the ongoing effects of intervention: Provided, That electromyography examination and electrodiagnostic studies other than the determination of chronaxia and strength duration curves shall not be performed except under the supervision of a physician electromyographer and electrodiagnostician;
(2) Alleviate impairments, functional limitations and disabilities by designing, implementing and modifying treatment interventions that may include, but are not limited to: therapeutic exercise; functional training in self-care in relation to motor control function; mobility; in home, community or work integration or reintegration; manual therapy techniques including mobilization of the joints; therapeutic massage; fabrication of assistive, adaptive, orthothic, prosthetic, protective and supportive devices and equipment; airway clearance techniques; integumentary protection and repair techniques; patient-related instruction; mechanical and electrotherapeutic modalities; and physical agent or modalities including, but not limited to, heat, cold, light, air, water and sound;
(3) Reduce the risk of injury, impairment, functional limitation and disability, including the promotion and maintenance of fitness, health and wellness in populations of all ages; and
(4) Engage in administration, consultation and research.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-10. License to Act as a Physical Therapist Assistant

(a) To be eligible for a license to act as a physical therapist assistant, the applicant must:
(1) Submit an application to the board;
(2) Be at least eighteen years of age;
(3) Be of good moral character;
(4) Have graduated from a two-year college level education program for physical therapist assistants which meets the standards established by the Commission on Accreditation in Physical Therapy Education and the board;
(5) Have passed the examination approved by the board for a license to act as a physical therapist assistant;
(6) Not be an alcohol or drug abuser, as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered;
(7) Not have been convicted of a felony in any jurisdiction within ten years preceding the date of application for license which conviction remains unreversed;
(8) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of physical therapy, which conviction remains unreversed; and
(10) Meet any other requirements established by the board.
(b) A physical therapist assistant shall use the letters "PTA" immediately following his or her name to designate licensure under this article.
(c) A license to act as a physical therapist assistant issued by the board prior to July 1, 2010, is considered a license issued under this article: Provided, That a person holding a license issued prior to July 1, 2010, must renew the license pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-11. License to Practice Physical Therapy From Another Jurisdiction

(a) The board may issue a license to practice physical therapy to an applicant who holds a valid license or other authorization to practice physical therapy from another state, if the applicant:
(1) Holds a license or other authorization to practice physical therapy in another state which was granted after completion of educational requirements substantially equivalent to those required in this state;
(2) Passed an examination that is substantially equivalent to the examination required in this state;
(3) Does not have charges pending against his or her license or other authorization to practice, and has never had a license or other authorization to practice revoked;
(4) Has not previously failed an examination for a license to practice physical therapy in this state;
(5) Has paid the applicable fee;
(6) Is a citizen of the United States or is eligible for employment in the United States; and
(7) Has fulfilled any other requirement specified by the board.
(b) The board may issue a license to practice physical therapy to an applicant who has been educated outside of the United States, if the applicant:
(1) Provides satisfactory evidence that the applicant's education is substantially equivalent to the educational requirements for physical therapists under the provisions of this article;
(2) Provides written proof that the applicant's school of physical therapy is recognized by its own ministry of education;
(3) Has undergone a credentials evaluation as directed by the board that determines that the candidate has met uniform criteria for educational requirements as further established by rule;
(4) Has paid the applicable fee;
(5) Is eligible for employment in the United States; and
(6) Complete any additional requirements as required by the board.
(c) The board may issue a restricted license to an applicant who substantially meets the criteria established in subsection (b) of this section.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-12. Temporary Permits

(a) Upon completion of the application and payment of the nonrefundable fees, the board may issue a temporary permit, for a period not to exceed ninety days, to an applicant to practice as a physical therapist in this state or act as a physical therapist assistant in this state, if the applicant has completed the educational requirements set out in this article, pending the examination and who works under a supervising physical therapist with the scope of the supervision to be defined by legislative rule.
(b) The temporary permit expires thirty days after the board gives written notice to the permittee of the results of the first examination held following the issuance of the temporary permit, if the permittee receives a passing score on the examination. The permit shall expire immediately if the permittee receives a failing score on the examination.
(c) A temporary permit may be revoked by a majority vote of the board.
(d) An applicant may be issued only one temporary permit, and upon the expiration of the temporary permit, may not practice as a physical therapist or act as physical therapist assistant until he or she is fully licensed under the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-14. Renewal Requirements

(a) All persons regulated by this article shall annually or biannually before January 1, renew his or her license by completing a form prescribed by the board and submitting any other information required by the board.
(b) The board shall charge a fee for each renewal of a license and shall charge a late fee for any renewal not paid by the due date.
(c) The board shall require as a condition of renewal that each licensee complete continuing education.
(d) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-15. Delinquent and Expired License Requirements

(a) If a license is not renewed when due, then the board shall automatically place the licensee on delinquent status.
(b) The fee for a person on delinquent status shall increase at a rate, determined by the board, for each month or fraction thereof that the renewal fee is not paid, up to a maximum of thirty-six months.
(c) Within thirty-six months of being placed on delinquent status, if a licensee wants to return to active practice, he or she must complete all the continuing education requirements and pay all the applicable fees as set by rule.
(d) After thirty-six months of being placed on delinquent status, a license is automatically placed on expired status and cannot be renewed. A person whose license has expired must reapply for a new license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-16. Inactive License Requirements

(a) A licensee who does not want to continue an active practice shall notify the board in writing and be granted inactive status.
(b) A person granted inactive status is not subject to the payment of any fee and may not practice physical therapy or act as a physical therapist assistant in this state.
(c) When the person wants to return to the practice of physical therapy or act as a physical therapist assistant, the person shall submit an application for renewal along with all applicable fees as set by rule.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-17. Exemptions From Licensure

(a) The following persons are exempt from licensing requirements under the provisions of this article:
(1) A person who practices physical therapy pursuant to a course of study at an institution of higher learning, including, but not limited to, activities conducted at the institution of higher learning and activities conducted outside the institution if under the on-site supervision of a physical therapist;
(2) A person who practices physical therapy in the United States Armed Services, United States Public Health Service or Veterans Administration pursuant to federal regulations for state licensure of health care providers;
(3) A physical therapist who is licensed in another jurisdiction of the United States or credentialed to practice physical therapy in another country if that person is teaching, demonstrating or providing physical therapy services in connection with teaching or participating in an educational seminar of no more than sixty calendar days in a calendar year;
(4) A physical therapist who is licensed in another state if that person is consulting;
(5) A physical therapist who is licensed in another jurisdiction, if that person by contract or employment is providing physical therapy to individuals affiliated with or employed by established athletic teams, athletic organizations or performing arts companies temporarily practicing, competing or performing in the state for no more than sixty calendar days in a calendar year;
(6) A physical therapist who is licensed in another jurisdiction who enters this state to provide physical therapy during a declared local, state or national disaster or emergency. This exemption applies for no longer than sixty calendar days in a calendar year following the declaration of the emergency. The physical therapist shall notify the board of their intent to practice;
(7) A physical therapist licensed in another jurisdiction who is forced to leave his or her residence or place of employment due to a declared local, state or national disaster or emergency and due to the displacement seeks to practice physical therapy. This exemption applies for no longer than sixty calendar days in a calendar year following the declaration of the emergency. The physical therapist shall notify the board of their intent to practice;
(8) A person administering simple massages and the operation of health clubs so long as not intended to constitute or represent the practice of physical therapy;
(9) A physical therapist assistant assisting an exempt physical therapist; and
(10) Nothing contained in this article prohibits a person from practicing within his or her scope of practice as authorized by law.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-20. Procedures for Hearing; Right of Appeal

(a) Hearings are 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, at the conclusion of a hearing he or she shall prepare a proposed written order 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 secretary 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 provisions 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-21. 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20. Physical Therapists › §30-20-22. 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 its information to the attention of an appropriate law-enforcement official.
(b) A person violating section one of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $5,000 or confined in jail not more than six months, or both fined and confined.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20A. Athletic Trainers › §30-20A-1. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice athletic training in this state without a license or permit issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are an athletic trainer unless the person has been duly licensed or permitted under the provisions of this article, and the license or permit has not expired, been suspended, or revoked.
(b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of athletic training, except through a licensee or permittee.
(c) A person may not advertise or represent himself or herself as an "athletic trainer", "licensed athletic trainer", "certified athletic trainer", "athletic trainer certified", "L.A.T.", "C.A.T.", and/or "ATC" or make use of any words, abbreviations, titles, or insignia that indicate, imply, or represent that he or she is an athletic trainer, unless he or she is licensed by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20A. Athletic Trainers › §30-20A-3. Definitions

As used in this article:
"Applicant" means any person making application for an original or renewal license to act as an athletic trainer under the provisions of this article.
"Athletic injury or condition" means any injury or condition sustained by an individual that occurs during, or as a result of, the individuals participation in organized athletic or recreational athletic activity that requires physical strength, agility, flexibility, speed, stamina, or range of motion or a substantially similar injury or condition resulting from occupational activity immediately upon the onset of such injury or condition.
"Athletic trainer" is an individual engaged in the practice of athletic training who holds a license under the provisions of this article.
"Athletic training" and "the practice of athletic training" means the care and services provided by a licensed athletic trainer as described under the provisions of this article.
"Board" means the West Virginia Board of Physical Therapy established under §30-20-1 et seq. of this code.
"Consulting" means that an athletic trainer renders an opinion or advice to another athletic trainer or health care provider through telecommunication or other means or electronic communication.
"Direct supervision" means the licensed athletic trainer must be physically present and be able to intervene on behalf of the athletic training student, permittee, and patient when the athletic training student is providing athletic training services.
"General supervision" means referral by prescription to treat conditions for an athletic injury or condition from a licensed doctor of medicine, doctor of osteopathy, doctor of chiropractic, podiatrist, or physical therapist except that the physical presence of the licensed doctor of medicine, doctor of osteopathy, doctor of chiropractic, podiatrist, or physical therapist is not required if the supervising licensed doctor of medicine, doctor of osteopathy, doctor of chiropractic, podiatrist, or physical therapist is readily available for consultation by direct communication, radio, telephone, facsimile, telecommunication, or other electronic means.
"License" means an athletic trainer license or license to act as an athletic trainer issued by the board under the provisions of this article.
"Licensee" means a person licensed as an athletic trainer under the provisions of this article.
"Permittee" means any person holding a temporary permit issued pursuant to the provision of this article.
"Permit" or "temporary permit" means a temporary permit issued under the provisions of this article.
"The practice of athletic training" means the services as described in §30-20A-5 of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20A. Athletic Trainers › §30-20A-4. License to Practice Athletic Training

(a) To be eligible for a license to engage in the practice of athletic training, the applicant must:
(1) Be at least 18 years of age;
(2) Submit an application in the form prescribed by the board;
(3) An athletic trainer registration issued by the board prior to January 1, 2020, is considered a license issued under this article: Provided, That a person holding a license issued prior to January 1, 2020, must renew the license pursuant to a registration and renewal schedule adopted by the board and the provisions of this article;
(4) If subsequent to January 1, 2020, be a graduate of an accredited institution as approved by the Commission on Accreditation of Athletic Training Education or successor organization;
(5) Pass a national examination approved by the board;
(6) Complete a criminal background check as required by §30-1D-1 of this code;
(7) Pay the required fee;
(8) Not be an alcohol or drug abuser, as these terms are defined in §27-1A-11 of this code: Provided, That an applicant in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a 12-step program or other similar group or process, may be considered;
(9) Not have been convicted of a felony in any jurisdiction within 10 years preceding the date of application for license which conviction remains unreversed;
(10) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of athletic training, which conviction remains unreversed; and
(11) Has fulfilled any other requirement specified by the board.
(b) An athletic trainer shall use the letters "LAT" immediately following his or her name followed by the "ATC" credential to designate licensure under this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20A. Athletic Trainers › §30-20A-5. Scope of Practice of an Athletic Trainer

(a) The practice of athletic training is defined as the application of principles, methods, and procedures for managing athletic injuries or conditions, which shall include the prevention, emergency care, clinical examination and assessment, therapeutic intervention, and treatment of athletic injuries or conditions through the use of appropriate preventative and supportive devices, and within the professional preparation and education of a licensed athletic trainer subject to the general supervision within this article. Athletic training includes recognizing illness and referring to the appropriate health care professional and implementation of treatment pursuant to the orders of those professionals listed under "General Supervision" within this article. Athletic training also includes instruction to coaches, athletes, parents, medical personnel, and communities in the area of care and prevention of athletic injuries or conditions.
(b) The scope of practice described in this section does not include the practice of physical therapy, the practice of occupational therapy, the practice of medicine, the practice of osteopathic medicine, surgery, the practice of chiropractic, or the management of systemic medical or neurological conditions or diseases of body systems that are not within the professional preparation and education of a licensed athletic trainer.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20A. Athletic Trainers › §30-20A-6. License to Practice Athletic Training From Another Jurisdiction

(a) The board may issue a license to practice athletic training to an applicant who holds a valid license or other authorization to practice athletic training from another state, if the applicant:
(1) Holds a license or other authorization to practice athletic training in another state which was granted after completion of educational requirements substantially equivalent to those required in this state;
(2) Passed an examination that is substantially equivalent to the examination required in this state;
(3) Does not have charges pending against his or her license or other authorization to practice, and has never had a license or other authorization to practice revoked;
(4) Has paid the applicable fee;
(5) Is a citizen of the United States or is eligible for employment in the United States; and
(6) Has fulfilled any other requirement specified by the board.
(b) The board may issue a license to practice athletic training to an applicant who has been educated outside of the United States, if the applicant:
(1) Provides satisfactory evidence that the applicants education is substantially equivalent to the educational requirements for athletic trainers under the provisions of this article;
(2) Provides written proof that the applicants school of athletic training is recognized by its own ministry of education;
(3) Has undergone a credentials evaluation as directed by the board that determines that the candidate has met uniform criteria for educational requirements as further established by rule;
(4) Has paid the applicable fee;
(5) Is eligible for employment in the United States; and
(6) Completes any additional requirements as required by the board.
(c) The board may issue a restricted license to an applicant who substantially meets the criteria established in subsection (b) of this section.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20A. Athletic Trainers › §30-20A-7. Temporary Permits

(a) Upon completion of the application and payment of the nonrefundable fees, the board may issue a temporary permit, for a period not to exceed 90 days, to an applicant to practice as an athletic trainer in this state if the applicant has completed the educational requirements set out in this article, pending the examination, and who works under the direct supervision of a licensed athletic trainer.
(b) The temporary permit expires 30 days after the board gives written notice to the permittee of the results of the first examination held following the issuance of the temporary permit, if the permittee receives a passing score on the examination. The permit shall expire immediately if the permittee receives a failing score on the examination.
(c) A temporary permit may be revoked by a majority vote of the board.
(d) An applicant may be issued only one temporary permit, and, upon the expiration of the temporary permit, may not practice as an athletic trainer until he or she is fully licensed under the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20A. Athletic Trainers › §30-20A-8. Renewal Requirements

(a) All persons regulated by this article shall annually or biennially by June 30 renew his or her license by completing a form prescribed by the board and submitting any other information required by the board.
(b) The board shall charge a fee for each renewal of a license and shall charge a late fee for any renewal not paid by the due date.
(c) The board shall require as a condition of renewal that each licensee complete continuing education as defined by rule.
(d) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20A. Athletic Trainers › §30-20A-9. Delinquent and Expired License Requirements

(a) If a license is not renewed when due, then the board shall automatically place the licensee on delinquent status.
(b) The fee for a person on delinquent status shall increase at a rate, determined by the board, for each month or fraction thereof that the renewal fee is not paid, up to a maximum of 36 months.
(c) Within 36 months of being placed on delinquent status, if a licensee wants to return to active practice, he or she must complete all the continuing education requirements and pay all the applicable fees as set by rule.
(d) After 36 months of being placed on delinquent status, a license is automatically placed on expired status and cannot be renewed. A person whose license has expired must reapply for a new license.