reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 12 - Nursing Home Licensing Advisory › Series 12-01 - Regular Meetings Of The WV Nursing Home Licensing Advisory Council › Section 12-01-4 - Regular Meetings Established; Time, Place

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
			 The West Virginia nursing home licensing advisory council shall meet in regular
			 session on the third Tuesday of the second month of each calendar quarter;
			 provided, that when such third Tuesday falls upon a legal holiday the council may
			 designate another date by a majority of those council members present and
			 voting.
4.2. The council shall
			 convene all regular meetings at one-thirty o'clock, p.m. unless otherwise changed
			 by a majority vote of those council members present and voting.
4.3. The council shall convene all regular
			 meetings in the conference room of the P&C Building, 2019 Washington Street,
			 East, Charleston, West Virginia 25305 unless otherwise changed by a majority vote
			 of those council members present and voting.
4.4. The council may without notice, move the
			 location of the meeting to accommodate members of the public who wish to attend
			 such meeting in the event the meeting room is too small to accommodate such
			 attendance.
4.5. All regular
			 meetings shall be general meetings for the consideration of any and all matters
			 which may properly come before the council.
West Virginia Code of State Rules › Agency 12 - Nursing Home Licensing Advisory › Series 12-01 - Regular Meetings Of The WV Nursing Home Licensing Advisory Council › Section 12-01-5 - Special Meetings; Notice Required, Time, Place and Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The council
			 may convene special meetings in accordance with the procedures established
			 herein.
5.2. Special meetings of the
			 board may be called by the chairman, the secretary or by two members of the board
			 upon written request to the secretary.
5.3. The secretary shall send to all members at
			 least five days in advance of a special meeting, a written notice setting forth
			 the time and place of such special meeting and the matter to be considered at
			 such special meeting. Provided, that such written notice is not required if the
			 time, the place, and matter for consideration has been fixed in a regular meeting
			 or if all the members are present at a special meeting.
5.4. The secretary shall cause the notification
			 of the public and the news media by issuing a public notice of such special
			 meeting at least five days in advance of such meeting. The public notice shall
			 contain the time, the place, and the matter to be considered. A copy of such
			 public notice shall be filed with the office of the Secretary of State.
5.5. The provisions of this section
			 shall not apply in the event of an emergency requiring immediate official action
			 by the board.
West Virginia Code of State Rules › Agency 12 - Nursing Home Licensing Advisory › Series 12-01 - Regular Meetings Of The WV Nursing Home Licensing Advisory Council › Section 12-01-6 - Cancellation Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Meetings may
			 be cancelled by the chairman one or more days prior to the scheduled time of the
			 meeting. In the event of a cancellation, the chairman shall cause notification of
			 all members informing them of the cancellation.
6.2. The secretary shall send to all members a
			 written notice of the cancellation, and shall immediately file a public notice of
			 meeting cancellation with the office of the Secretary of State.
West Virginia Code of State Rules › Agency 12 - Nursing Home Licensing Advisory › Series 12-01 - Regular Meetings Of The WV Nursing Home Licensing Advisory Council › Section 12-01-7 - Proceedings to be Open; Exceptions Executive Session Permitted

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Notwithstanding any other provision of law
			 or regulation all meetings of the council shall be open to the public, excepting
			 the provision of Chapter 6, Article 9A, Section 4 of the West Virginia Code,
7.2. An executive session may be
			 held only upon a majority affirmative vote of the members present.
West Virginia Code of State Rules › Agency 12 - Nursing Home Licensing Advisory › Series 12-01 - Regular Meetings Of The WV Nursing Home Licensing Advisory Council › Section 12-01-8 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The West Virginia nursing home licensing
			 advisory council shall provide for the preparation of written minutes of all its
			 meetings. All such minutes shall be available to the public within a reasonable
			 time after the meeting and shall include the following information:
a) The date, time and place of the meeting;
b) The name of each council, member
			 present or absent;
c) All motions,
			 proposals, resolutions, orders, ordinances and measures proposed, the name of the
			 person proposing the same and their disposition; and
d) The results of all votes and, upon request
			 of a member, the vote of each member, by name.
West Virginia Code of State Rules › Agency 12 - Nursing Home Licensing Advisory › Series 12-01 - Regular Meetings Of The WV Nursing Home Licensing Advisory Council › Section 12-01-9 - Quorum; Majority Vote Required; Vote by Proxy Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
A majority of the members of the council shall constitute a quorum. The vote of a majority of all members present at any meeting of the council shall be necessary to take any action. Proxy voting is hereby prohibited.
West Virginia Code of State Rules › Agency 12 - Nursing Home Licensing Advisory › Series 12-01 - Regular Meetings Of The WV Nursing Home Licensing Advisory Council › Section 12-01-10 - Records of the Council - Public Document

Current through Register Vol. XLI, No. 28, July 12, 2024
All records and proceedings of the council are public records and shall be available to the public during the usual and customary business hours of the department.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule relates to W. Va. Code §
									30-28-1 et seq.
1.2. Authority. -- W. Va. Code §
									30-28-7.
1.3. Filing Date. -- April 15, 2010.
1.4. Effective Date. -- July 1, 2010.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-3 - Powers and Duties of the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board shall meet a minimum of 2 times a year with the first meeting to be held during the month of January in order to elect a Chairperson and Secretary/Treasurer.
3.2. In order for the business of the Board to be legally conducted a majority of the members of the Board shall be present to constitute a quorum.
3.3. Board members are entitled to compensation and expense reimbursement in accordance with W. Va. Code §30-1.
3.4. Board appointments are made in accordance with W. Va. Code §
									30-28-5.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-4 - Duties of the Chairperson

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board shall elect a Chairperson from its membership.
4.2. The Chairperson shall designate the time and place of meetings on his or her own authority or at the direction of at least 3 Board members.
4.3. The Chairperson shall preside at all meetings. If the chairperson cannot attend a meeting, the Secretary/Treasurer shall preside at that meeting.
4.4. The Chairperson shall exercise general supervision of the affairs of the Board and shall have the usual powers of the office and such other powers and duties as the Board directs.
4.5. The Chairperson shall prepare an agenda for each meeting.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-5 - Duties of the Secretary/Treasurer

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board shall elect a Secretary/Treasurer from its membership.
5.2. The Secretary/Treasurer shall assist the Chairperson at his or her request, shall preside over all meetings in the absence of the Chairperson and shall assume the responsibilities of the Chairperson in cases of extended illness or long absences from Board meetings. In the event the Secretary/Treasurer assumes the functions of the Chairperson, another member of the Board shall temporarily assume the responsibilities of the Secretary/Treasurer.
5.3. The Secretary/Treasurer shall prepare and submit upon Board approval an annual report to the Governor in accordance with W. Va. Code §
									30-28-6.
5.4. The Secretary/Treasurer is responsible for the preparation and submission of the annual budget to the Board.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-6 - Executive Secretary

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may hire a person to fill the position of Executive Secretary.
6.1. The Executive Secretary shall keep the minutes of the proceedings of the Board's meetings and the records of the Board.
6.2. The Executive Secretary shall have custody of all fees received by the Board and is responsible for the transfer of the funds to the State Treasurer.
6.3. The Executive Secretary, with the approval of the Board, or pursuant to ratification by the Board, is authorized to spend moneys for the necessary expenses of the Board.
6.4. The Executive Secretary shall maintain an accurate list of licensees with current names, addresses, and dates of birth.
6.5. The Executive Secretary shall notify the members of the Board in writing 2 weeks prior to a regular meeting regarding the time and place of the meeting.
6.6. The Executive Secretary shall notify members of special or emergency meetings and publish in the West Virginia Register.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-7 - Application for Licenses and Limited Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Board shall furnish the necessary forms, a copy of the rules pertaining to the licensing of occupational therapists or occupational therapy assistants and any other information or questionnaires as the Board considers desirable to any person requesting in writing an application for a license or limited permit.
7.2. The applicant shall complete the application forms and provide the information necessary to satisfy the Board that all requirements pertaining to W. Va. Code §
									30-28-1 et seq. are being met. The Board may reject an applicant who fails to provide all relevant information with regard to completing the application and may return the application to the applicant.
7.3. The applicant shall sign his or her application. An application for a limited permit and licensure as an occupational therapy assistant shall include a Supervisory Statement signed by the applicant's supervising practitioner. In the event the applicant is not employed, the application shall be signed by the applicant and sworn by him or her before a notary public.
7.4. The application shall be accompanied by payment to cover appropriate fees.
7.5. Each applicant for licensure shall be tested by the NBCOT, or another nationally recognized credentialing body as approved by the Board, by a written or computerized examination.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-8 - Examination Process

Current through Register Vol. XLI, No. 28, July 12, 2024
The examination process will be in accordance with requirements set forth by the NBCOT, or another nationally recognized credentialing body as approved by the Board.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-9 - Issuance of Licenses, Limited Permits, and Temporary Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board shall issue a license to an applicant in a timely manner upon receipt of a properly completed application and payment of the appropriate fee if the applicant:
9.1.a. Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the Board as described in W. Va. Code §
										30-28-10;
9.1.b. Has successfully completed a period of supervised fieldwork experience required by the recognized educational institution where he or she met the academic requirements; and
9.1.c. Has passed an examination approved by the Board as provided in section 8 of this rule.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-10 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Board shall waive the examination and grant a license to any person certified prior to July 1, 1978, as an occupational therapist or as a certified occupational therapy assistant by the American Occupational Therapy Association.
10.2. Any occupational therapy student who is in the process of completing a period of supervised fieldwork experience at a recognized educational institution or a training program approved by the educational institution where he or she has met the academic requirements is exempt from licensure.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-11 - Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Licenses may be renewed biennially on renewal application forms provided by the Board.
11.2. A license which has lapsed may be renewed within one year of its expiration. Application for late renewal shall be accompanied by the late renewal fee.
11.3. The license renewal sent to the licensee shall be accompanied by 2 wallet-sized cards for occupational therapy identification.
11.4. WVBOT may request that a current photo be submitted with renewal applications.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-12 - Responsibilities and Supervision Requirements of the Occupational Therapist, Occupational Therapy Assistant, or Limited Permit Holder

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. It is the responsibility of each licensee or limited permit holder engaged in the practice of occupational therapy to be familiar with the requirements of the law regulating those activities in West Virginia and with the rules of the Board.
12.2. The occupational therapist is responsible for all aspects of occupational therapy service delivery and is accountable for the safety and effectiveness of the occupational therapy service delivery process. The occupational therapy service delivery process involves evaluation, intervention planning, intervention implementation, intervention review, and outcome evaluation.
12.2.a. The occupational therapist must be directly involved through a face-to-face visit with the patient during the initial evaluation and establishment of the intervention plan, and prior to any change in the plan, such as adding, changing, renewing, or discontinuing occupational therapy goals.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-13 - Display of License or Limited Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Each licensee shall prominently display at his or her principal place of employment his or her license or limited permit to practice occupational therapy and have in his or her possession his or her wallet-sized card.
13.2. A licensee shall exhibit the current licensure and/or renewal registration card when requested by the following:
13.2.a. A Board member;
13.2.b. An employee of the West Virginia Department of Health and Human Services;
13.2.c. Any person upon whom the licensee performs occupational therapy; or
13.2.d. An employer in whose employ the licensee practices or intends to practice occupational therapy.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-14 - Duplicate License

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. In requesting a name change, the licensee shall provide a copy of the legal document authorizing the change with the required fee before the Board will issue an amended license.
14.2. In requesting a duplicate license due to loss of license, the licensee shall complete a notarized statement substantiating the loss and submit it to the Board with the required fee before the Board will issue a duplicate license.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-01 - Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants › Section 13-1-15 - Notice of Change of Address, Change of Name

Current through Register Vol. XLI, No. 28, July 12, 2024
A licensee or holder of a limited permit shall notify the Board of any change of name or change of mailing address within 30 days of the changed name or address.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.  Scope.
1.1.a.  This rule specifies the procedures for
				the investigation and resolution of complaints against occupational therapists,
				occupational therapy assistants, limited permit holders and applicants
				and;
1.1.b.  The procedure for the
				adjudication of contested case hearings before the Board.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.  This rule applies to all licensed
				occupational therapists, occupational therapy assistants, limited permit
				holders and applicants.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the
				  following meanings, unless the context otherwise requires:
3.1.  "Applicant" means any person making
				application for an original or renewal license or a limited permit pursuant to
				W. Va. Code §
									30-28-13 et seq.
3.2.  "Board" means the West Virginia Board of
				Occupational Therapy.
3.3. 
				"License" means a license or limited permit issued by the Board pursuant to W.
				Va. Code §
									30-28-13 et seq.
3.4.
3.4.a. 
				"Occupational Therapist" means a person licensed by the Board under the
				provisions of W. Va. Code §30-28 to engage in the practice of occupational
				therapy.
3.4.b.  "Occupational
				Therapy Assistant" means a person licensed by the Board under the provisions of
				W. Va. Code §30-28 to assist in the practice of occupational therapy under
				the appropriate supervision of an occupational therapist as defined by
				§
										13-1-2.
3.4.c.  "Limited
				Permit Holder" means a person who is issued a time limited permit upon
				determination by the Board that all requirements for licensure have been met
				except for the examination.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-5 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.  Any person,
				firm, corporation, member of the Board, or public officer may make a complaint
				to the Board which charges an occupational therapist, occupational therapy
				assistant, limited permit holder or applicant with a violation of W. Va. Code
				§
									30-28-16 et seq. or of the rules of the Board. The Board may provide a
				form for that purpose, but a complaint may be filed in any written form.
				Anonymous complaints will be accepted.
In addition to describing the alleged violation which
				  prompted the complaint, the complaint should contain the following:
5.1.a.  The name and address of the applicant,
				licensee or limited permit holder against whom the complaint is
				lodged;
5.1.b.  The date (s) of the
				incident (s);
5.1.c.  Other persons
				with knowledge of the incident;
5.1.d.  The name of any person who may have
				treated the patient after the alleged incident, and;
5.1.e.  The name of any health care
				institution in which the patient was an inpatient or outpatient after or during
				the alleged incident.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-6 - Emergency Action Matters

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.  The Board
				may refuse to renew a license or suspend a license if it determines there is
				probable cause to believe that an occupational therapist, occupational therapy
				assistant, or limited permit holder's conduct, practices, or acts constitute an
				immediate danger to the public.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-8 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. 
				All testimony, evidence, arguments and rulings on the admissibility of
				testimony and evidence shall be reported by stenographic notes and characters
				or by mechanical means.
8.2.  All
				reported materials shall be transcribed. The Board shall have the
				responsibility to make arrangements for the transcription of the reported
				testimony and evidence. Recorded testimony of the hearing shall be kept in the
				permanent record of the Board.
8.3. 
				Upon the motion of the Board or any party assigning error or omission in any
				part of any transcript, the Board chair or presiding member shall settle all
				differences arising as to whether such transcript truly discloses what occurred
				at the hearing and shall direct that the transcript be corrected and/or revised
				as appropriate so as to make it conform to the truth.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-9 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.  Any party may submit proposed findings
				of fact and conclusions of law at a time and manner designated by the
				Board.
9.2.  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.
9.3.  If, after a hearing, the board
				determines the licensee or permittee has violated any provision of W. Va. Code
				§
									30-28-1 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.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-10 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.  Evidentiary depositions may be taken
				and read or otherwise included into evidence as in civil actions in the circuit
				courts of this state.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-11 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.  Subpoenas to compel the attendance of
				witnesses and subpoenas duces tecum to compel the production of documents may
				be issued by any member of the Board or its Executive Secretary. Such subpoenas
				shall be issued pursuant to W. Va. Code §
									29A-5-1(b).
11.2.  Written requests by a party for the
				issuance of subpoenas or subpoenas duces tecum as provided in subsection 11.1.
				of this section must be received by the Board no later than ten (10) days
				before a scheduled hearing. Any party requesting the issuance of subpoenas
				duces tecum shall see that they are properly served in accordance with W. Va.
				Code §
									29A-5-1(b).
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-12 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.  Any final order entered by the Board
				following a hearing conducted pursuant to these rules shall be made pursuant to
				the provisions of W. Va. Code §
									29A-5-3 and 30-1-8(d). Such orders shall be
				entered within sixty (60) days following the submission of all documents and
				materials necessary for the proper disposition of the case, including
				transcripts, and shall contain findings of fact and conclusions of
				law.
12.2.  The findings of fact and
				conclusions of law must be approved by a majority of the Board by vote at a
				Board meeting, before a final order is entered. A copy of the final order
				approved by a majority of the Board shall be served upon the charged party
				and/or his or her attorney of record, if any, within ten (10) days after entry
				by the Board by personal service or by registered or certified mail.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-13 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.  An appeal from any final order entered
				in accordance with these rules shall comply with the provisions of W. Va. Code
				§§
									30-1-9 and 29A-6-1 et seq.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-14 - Procedures for Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.  Any person
				adversely affected by a decision of the Board rendered after a hearing has the
				right to pursue judicial review as provided by W. Va. Code
				§
									29A-5-4.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-03 - Fees for Services Rendered by the Board › Section 13-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the fees to be charged by the Board for services
				rendered.
1.2. Authority. -- W. Va.
				Code §
									30-28-6.
1.3. Filing
				Date. -- April 8, 2020.
1.4.
				Effective Date. -- July 1, 2020.
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect upon July 1, 2030.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-03 - Fees for Services Rendered by the Board › Section 13-3-2 - Schedule of Fees for Services Rendered by the West Virginia Board of Occupational Therapy

Current through Register Vol. XLI, No. 28, July 12, 2024
Fees collected by the Board are not refundable.
2.1. Initial licensure fees:
2.1.a. Licensed Occupational Therapist a fee
				of $150.00; and
2.1.b. Licensed
				Occupational Therapy Assistant a fee of $100.00.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-04 - Continuing Education And Competence › Section 13-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes requirements for continuing education and competency for renewal of licensure of occupational therapists and occupational therapy assistants.
1.2. Authority. -- W. Va. Code §
									30-28-6.
1.3. Filing Date. -- April 15, 2010.
1.4. Effective Date. -- July 1, 2010.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-04 - Continuing Education And Competence › Section 13-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule:
2.1. "AOTA" means the American Occupational Therapy Association.
2.2. "Audit" means the selection of licensees for verification of satisfactory completion of continuing education and competency requirements during a specified time period.
2.3. "Board" or "WVBOT" means the West Virginia Board of Occupational Therapy.
2.4. "Contact hour" means 1 hour spent in a continuing education activity that meets the requirements of the Board as outlined in this rule. It excludes refreshment breaks, receptions, other social gatherings, and meals that do not include an acceptable educational activity.
2.5. "Continuing education and competency" means those learning activities intended to build upon the educational and experiential basis of the occupational therapist or occupational therapy assistant for the enhancement of practice, education, administration, research, or theory development.
2.6. "Formal self-study" means a program of learning designed for the occupational therapist or occupational therapy assistant who completes the program at the individual's pace, e.g., AOTA self-study series, on-line courses, etc.
2.7. "Informal self-study" means a program of learning designed by the licensee to enhance knowledge and skill in a specific area. These activities may include, but are not limited to, reading professional journals, observing other therapists, and viewing videotape quality assurance or peer review studies.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-04 - Continuing Education And Competence › Section 13-4-3 - Continuing Education and Competency Requirements for Renewal of License

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. When a licensee applies for the renewal of an active license, that licensee shall certify to the Board his or her involvement in continuing education and competency activities in occupational therapy theory and practice and provide documentation upon the Board's request.
3.2. This section applies to all occupational therapists and occupational therapy assistants seeking to renew their licensure in West Virginia.
3.3. Unit Requirements.
3.3.a. Each licensee shall complete a minimum of 24 contact hours of continuing education and competency activities, as approved by this rule, during the 2 year period preceding the application for renewal.
3.3.b. A licensee may carry over up to 6 excess contact hours from one consecutive licensure period to another.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-05 - Competency Standards For Advanced Practice By Occupational Therapists And Occupational Therapy Assistants › Section 13-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes competency standards for advanced practice by occupational therapists and occupational therapy assistants.
1.2. Authority. -- W. Va. Code §
									30-28-6.
1.3. Filing Date. -- April 15, 2010.
1.4. Effective Date. -- July 1, 2010.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-05 - Competency Standards For Advanced Practice By Occupational Therapists And Occupational Therapy Assistants › Section 13-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule:
2.1. "ACOTE" means the Accreditation Council for Occupational Therapy Education.
2.2. "Advanced Practice" means treatment techniques or arenas which require education and training obtained subsequent to the qualifying degree program or beyond current ACOTE standards for the qualifying degree program.
2.3. "Board" or "WVBOT" means the West Virginia Board of Occupational Therapy.
2.4 "Deep thermal agent modalities" means therapeutic ultrasound, phonophoresis, and diathermy.
2.5. "Electrotherapeutic agent modalities" means neuromuscular electrical stimulation, transcutaneous electrical nerve stimulation, and iontophoresis.
2.6. "General Supervision" means initial direction and periodic inspection of the activities of a licensed occupational therapist assistant by the supervising licensed occupational therapist, but does not necessarily require constant physical presence on the premises while the activities are performed.
2.7. "Mechanical modalities" means the therapeutic application of various forms of mechanical energy to the body, including traction and intermittent pneumatic compression (does not include spinal traction).
2.8. "Modality" means the employment of or the method of employment of a therapeutic agent.
2.9. "Physical Agent Modality (PAM)" means those modalities that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity, and are used as an adjunct to or in preparation for purposeful activity.
2.10. "Superficial physical agent modality" means hot packs, cold packs, ice, fluidotherapy, paraffin, water, and other commercially available superficial heating and cooling devices.
2.11. "Occupational Therapist" means a person licensed to practice occupational therapy and whose license is in good standing.
2.12. "Occupational Therapy Assistant" means a person licensed by the Board under the provisions of W. Va. Code §30-28 to assist in the practice of occupational therapy under the general supervision of an occupational therapist.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-05 - Competency Standards For Advanced Practice By Occupational Therapists And Occupational Therapy Assistants › Section 13-5-3 - Physical Agent Modalities in Occupational Therapy

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Physical agent modalities may be used by occupational therapy practitioners when used as an adjunct to/or in preparation for purposeful activity to enhance occupational performance.
3.2. An occupational therapist may not delegate evaluation, reevaluation, treatment planning, and treatment goals for physical agent modalities to an occupational therapy assistant.
3.3. Occupational therapy assistants and students of occupational therapy shall use modalites and techniques only when the individual has received the theoretical and technical preparation necessary for safe and appropriate integration of the intervention in occupational therapy.
3.4. When an occupational therapist delegates the use of modalities to an occupational therapy assistant or student, both shall:
3.4.a. Comply with appropriate supervision requirements as defined in §
										13-1-2; and
3.4.b. Assure that their use is based on service competency.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-05 - Competency Standards For Advanced Practice By Occupational Therapists And Occupational Therapy Assistants › Section 13-5-4 - Competency Requirements for Occupational Therapy Assistants in the use of Physical Agent Modalities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To promote the safe provision of occupational therapy, this section sets forth the requirements which must be met before an occupational therapy assistant may apply physical agent modalities.
4.2. Occupational therapy assistants may apply superficial thermal and mechanical modalities including, but not limited to, hot packs, cold packs, paraffin, fluidotherapy, and icing, under the general supervision of an occupational therapist, consistent with ACOTE standards for an educational program for occupational therapy assistants.
4.3. Any occupational therapy assistant who wishes to utilize advanced practice occupational therapy techniques involving deep thermal or electrical modalities under the general supervision of an occupational therapist, must maintain documented evidence of possessing the theoretical background and technical skills for safe and competent use.
4.4. The occupational therapy assistant is responsible for proving competency in the use of specific modalities and techniques.
4.5. Competency may be displayed through documented educational programs which include a method of evaluation and testing the knowledge of the occupational therapy assistant, including, but not limited to:
4.5.a. Accredited educational programs;
4.5.b. Specific certification as endorsed by the American Occupational Therapy Association or its successor, or as approved by the WVBOT;
4.5.c. Successful completion of an appropriate continuing education course which includes theory, indications, contra-indications and applications.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-06 - Ethical Standards Of Practice › Section 13-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes Ethical Standards of Practice to establish and maintain a high standard of integrity and dignity in the profession and to protect the public against unprofessional conduct on the part of persons licensed by the West Virginia Board of Occupational Therapy as an Occupational Therapist or Occupational Therapy Assistant.
1.2. Authority. -- W. Va. Code §
									30-28-6.
1.3. Filing Date. -- April 15, 2010.
1.4. Effective Date. -- July 1, 2010.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-06 - Ethical Standards Of Practice › Section 13-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule:
2.1. "Board" or "WVBOT" means the West Virginia Board of Occupational Therapy.
2.2. "Occupational Therapist" means a person licensed to practice occupational therapy and whose license is in good standing.
2.3. "Occupational Therapy Assistant" means a person licensed to assist in the practice of occupational therapy under the general supervision of the licensed occupational therapist and who license is in good standing.
2.4. "Occupational Therapy Practitioners" means all persons licensed as an Occupational Therapist or Occupational Therapy Assistant in West Virginia.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-06 - Ethical Standards Of Practice › Section 13-6-3 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule applies to all persons who hold a license, limited permit, or temporary license issued by the Board.
3.2. A violation of any ethical standard of practice constitutes grounds for disciplinary action.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-06 - Ethical Standards Of Practice › Section 13-6-4 - Ethical Standards of Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Occupational therapy practitioners shall demonstrate a concern for the safety and well-being of the recipients of their services. Occupational therapy practitioners shall:
4.1.a. Provide services in a fair and equitable manner and shall comply with state and federal laws pertaining to discrimination;
4.1.b. Make every effort to advocate for recipients to obtain needed services through available means.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-07 - Request for Waiver of Initial Licensing Fees for Certain Individuals › Section 13-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				procedures for waiving the initial licensing fee for low income individuals and
				military personnel and their spouses.
1.2. Authority. -- W. Va. Code §
									30-1-23,
				and W. Va. Code §
									30-28-7
1.3.
				Filing Date. -- April 8, 2020
1.4.
				Effective Date. -- July 1, 2020
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect upon July 1, 2025.
West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-07 - Request for Waiver of Initial Licensing Fees for Certain Individuals › Section 13-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the West Virginia Board of
				Occupational Therapy.
2.2. "LIW"
				means the Low Income Waiver form used to request a waiver of the initial
				licensing fee for low income individuals, as authorized in W.Va. Code
				§
									30-1-23;
2.3. "Initial
				license" means an individual applying for an occupational therapist or
				occupational therapy assistant license in West Virginia sought for the first
				time;
2.4. "Local labor market"
				means every county in West Virginia, and any county outside of West Virginia if
				any portion of that county is within fifty miles of the border of West
				Virginia, pursuant to W.Va. Code §
									21-1C-2;
2.5. "Low-income individual" means an
				individual in the local labor market as defined in §
									21-1C-2, whose
				household adjusted gross income is below 130 percent of the federal poverty
				line. This term also includes any person enrolled in a state or federal public
				assistance program including, but not limited to, the Temporary Assistance for
				Needy Families Program, Medicaid, or the Supplemental Nutrition Assistance
				Program;
2.6. "Military families"
				means any person who serves as an active member of the armed forces of the
				United States, the National Guard, or a reserve component as described in  38 U. S. C. §
										101, honorably discharged veterans of those forces, and their
				spouses. This term also includes surviving spouses of deceased service members
				who have not remarried; and
2.7.
				"MFW" means the Military Family Waiver form used to request a waiver of the
				initial licensing fee for military service members and their spouses as
				described in §
									30-1-23.