reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-03 - Complaints › Section 28-3-4 - Filing of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				board may accept complaints alleging that a contractor has done one or more of
				the following:
(a) Abandoned, without legal
				excuse, any construction project or operation engaged in or undertaken by the
				contractor;
(b) Willfully failing
				or refusing to complete a construction project or operation with reasonable
				diligence, thereby causing material injury to the consumer;
(c) Willfully departed from or disregarded
				plans or specifications in any material respect without the consent of the
				parties to the contract;
(d)
				Willfully or deliberately violated the building laws or rules of the state or
				of any political subdivision of the state;
(e) Willfully or deliberately failed to pay
				any moneys when due for any materials free from defect, or services rendered in
				connection with the person's operations as a contractor when that person has
				the capacity to pay or when that person has received sufficient funds under the
				contract as payment for the particular construction work for which the services
				or materials were rendered or purchased, or the fraudulent denial of any amount
				with intent to injure, delay or defraud the person to whom the debt is
				owed;
(f) Willfully or deliberately
				misrepresented a material fact in obtaining a contract for construction or
				services or in connection with any official licensing matters;
(g) Willfully or deliberately failing to
				comply in any material respect with the provisions of the Act or the rules of
				the board;
(h) Willfully or
				deliberately acting in the capacity of a contractor when not licensed, or as a
				contractor by a person other than the person to whom the license is issued
				except as an employee of the licensee;
(i) Willfully or deliberately acting with the
				intent to evade the provisions of the Act by:
(i) Aiding or abetting an unlicensed person
				to evade the provisions of the Act;
(ii) combining or conspiring with an
				unlicensed person to perform an unauthorized act;
(iii) allowing a license to be used by an
				unlicensed person; or
(iv)
				attempting to assign, transfer, or otherwise dispose of a license or permitting
				the unauthorized use of the license.
(j) Engaging in any willful, fraudulent or
				deceitful act in the capacity as a contractor causing substantial injury to
				another person;
(k) Performing work
				which is not commensurate with a general standard or the specific
				classification of contractor or which is below a building or construction code
				adopted by the municipality or county in which the work is performed or any
				code adopted by this rule as an inspection standard; or
(l) Knowingly employing persons who do not
				have the legal right to be employed in the United States.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-03 - Complaints › Section 28-3-5 - Investigations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The board and
				its authorized agents, employees, or authorized inspectors may independently
				investigate the basis for any complaint filed with the board. During the course
				of an investigation, the board or its authorized representatives may conduct a
				physical inspection of the project site to assess the merits of the complaint.
				If at any time during the course of an investigation it becomes apparent that
				no violation of any applicable state standard has occurred, the board may
				dismiss the complaint in the manner set forth in Section 4.3 of this
				rule.
5.2. If a building or
				construction code has been adopted by the municipality or county in which the
				project is located, the provisions of that code are hereby incorporated by
				reference and shall be the inspection standard for performing on-site project
				inspections. If a building or construction code has not been adopted by the
				municipality or county in which the project is located, then the provisions of
				title eighty-seven, series four Code of State Regulations [§87CSR4}, West
				Virginia State Building Code, shall be used as the inspection
				guideline.
5.3. The authorized
				inspector shall file a written report with the board as to his or her findings
				during the course of the inspection.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-03 - Complaints › Section 28-3-6 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The board may,
				at any time after the receipt of a complaint, issue a written notice of its
				intent to conduct a hearing. The notice if intent shall be provided to all
				interested persons by certified mail at least twenty (20) days in advance of
				the hearing date. The notice shall include:
(a) a statement of the time, place and nature
				of the proceeding; and
(b) a
				statement of the subject matter of the proceeding to include the issues in
				question.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-03 - Complaints › Section 28-3-7 - Alternate Dispute Resolution

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The board may on its own motion or by
				stipulation of the parties refer any complaint to mediation: Provided, That
				complaints demonstrating probable cause of the existence of imminent safety
				and/or health hazards may not be referred to mediation.
7.2. The board may maintain a list of
				mediators with expertise in professional and occupational licensing matters or
				may obtain a list of qualified mediators from the West Virginia center for
				dispute resolution or the West Virginia state bar mediator referral service.
				Division staff may be utilized to prepare any mediation agreement.
7.3. A notice of the mediation must be
				provided to the parties by certified mail at least twenty days in advance of
				the mediation date. The notice must contain the time, date and location of the
				mediation and the issues to be mediated.
7.4. The mediation is not considered a
				proceeding open to the public and any reports and records introduced at the
				mediation are not part of the public record. The mediator and all participants
				in the mediation shall maintain and preserve the confidentially of all
				proceedings and records. The mediator may not be subpoenaed or called to
				testify or otherwise be subject to process requiring disclosure of confidential
				information in any proceeding relating to or arising out of the complaint
				matter mediated:
Provided
, That any confidentiality agreement
				and any written agreement made and signed by the parties as a result of the
				mediation may be used in any proceeding subsequently instituted to enforce the
				written agreement. The agreement may be used in other proceedings if the
				parties agree to the use in writing.
7.5. The written agreement made and signed by
				the parties as a result of the mediation is binding and must list the issues
				resolved, the corrective actions, if any, agreed to, with the time frames and
				any issues not resolved at the mediation.
7.6. A mediated agreement under the
				provisions of this section does not waive a contractor's potential liability
				for board disciplinary action if the board determines that the contractor has
				violated any provisions of West Virginia code § 21-11-1, et seq., or
				legislative rules promulgated pursuant to that article.
7.7. Any issues not resolved at mediation are
				returned to the board for formal hearing pursuant to the provisions of section
				6 of this rule.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-03 - Complaints › Section 28-3-8 - Confidentiality of Records

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All
				investigations, complaints, reports, records, proceedings and other information
				received by the commissioner and the board and related to complaints made to
				the commissioner and the board or investigations conducted by the commissioner
				or the board pursuant to this rule, including the identity of the complainant
				or respondent, are confidential and shall not be knowingly and improperly
				disclosed by any member or former member of the board, the commissioner or
				staff, except as follows:
(a) Upon a finding
				that probable cause exists to believe that a respondent has violated the
				provisions of the act, the complaint and all reports, records, non-privileged
				and non-deliberative materials introduced at any probable cause hearing held
				pursuant to the complaint are thereafter not confidential: Provided, that the
				confidentiality of the information shall remain in full force and effect until
				the respondent has been served with a copy of the statement of
				charges;
(b) Any subsequent hearing
				held in the matter for the purpose of receiving evidence or the arguments of
				the parties or their representatives shall be open to the public and all
				reports, records and non-deliberative materials introduced into evidence at the
				subsequent hearing, as well as the board's and the commissioner's orders, are
				not confidential;
(c) The complaint
				as well as the identity of the complainant shall be disclosed to a person named
				as respondent in any complaint filed immediately upon the respondent's request;
				or
(d) Where the commissioner or
				board is otherwise required by the provisions of the Act to disclose the
				information or to proceed in a manner that disclosure is necessary and required
				to fulfill the requirements.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-04 - Written Contracts For Services › Section 28-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule
				establishes minimum requirements that a licensee must include in a written
				contract for construction projects with an aggregate value of $10,000 or more.
				Pursuant to its responsibilities as set forth in W. Va. Code §
									30-42-10(c),
				the Board has adopted a written contract form, attached to this rule as
				Appendix A, which can be downloaded from the Division of Labor's website and/or
				the Board's website. A licensee may modify the provisions of the contract form
				as needed, as long as the modified contract includes the required provisions
				set forth in section 4 of this rule.
1.2. Authority. -- W. Va. Code
				§
									30-42-10(c).
1.3. Filing
				Date. -- October 7, 2021.
1.4.
				Effective Date. -- November 5, 2021.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-04 - Written Contracts For Services › Section 28-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to the definitions in this section, the
				  definitions in W. Va. Code §
									30-42-3 are incorporated herein by
				  reference.
2.1. "Act" means the West
				Virginia Contractor Licensing Act, W. Va. Code §
									30-42-1
et
				seq
.
2.2. "Aggregate
				value" means the total combined cost of materials and labor for an entire
				construction project, including the cost of materials and labor furnished by a
				licensee and subcontractors, and the cost of materials furnished by the owner,
				if any.
2.3. "Board" means the West
				Virginia Contractor Licensing Board and its authorized
				representatives.
2.4. "Construction
				project" means the entire undertaking as defined in 2.10 of this
				section.
2.5. "Contracting work"
				means and includes submitting a bid to perform construction work for another,
				the furnishing of work, or both materials and work, for another (by a sole
				contractor, general contractor, prime contractor, or subcontractor) in
				fulfillment of a contract for the construction, alteration, repair, decoration,
				or improvement of a new or existing building or structure, or any part thereof,
				or for the alteration, capital improvement, or development of real property, or
				performing activity governed by any or all state building codes and the
				National Fire Protection Association Code and the National Electrical Code or
				its successor. The terms "contractor" and "contracting" are
				synonymous.
2.6. "Days" means
				business days unless otherwise stated.
2.7. "License" means a license to engage in
				business in this state as a contractor in one of the classifications set out in
				the Act and 28 CSR 2.
2.8.
				"Licensee" means the person to whom a license is issued. As used in this rule,
				"licensee" also means the principal or general contractor.
2.9. "Owner" means the person for whom the
				licensee performs contracting work.
2.10. "Undertaking" means the entire
				construction project, including the cost of all labor and materials required to
				accomplish it.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-04 - Written Contracts For Services › Section 28-4-3 - Written Contracts Required

Current through Register Vol. XLI, No. 28, July 12, 2024
Pursuant to the provisions of W. Va. Code §
									30-42-10(b),
				  prior to performing contracting work on a construction project with an
				  aggregate value of $10,000 or more, a licensee shall have a written contract
				  with an owner and with any subcontractor that the licensee hires to work on the
				  project.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-04 - Written Contracts For Services › Section 28-4-4 - Contract Form; Required Contract Provisions; Required Change Orders; Suggested Contract Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. While there is
				no required format for a written contract, the written contract shall include
				at least the following provisions:
4.1.1. The
				licensee's name and business address;
4.1.2. The owner's name, address, and
				construction project address or location if different from the owner's
				address;
4.1.3. A description of
				the work to be performed by the licensee, including a description of the
				materials to be furnished by the licensee;
4.1.4. A description of the work to be
				performed by any subcontractors the licensee anticipates hiring, including a
				description of the materials to be furnished by the subcontractors;
4.1.5. A description of materials the owner
				intends to furnish, if any;
4.1.6.
				The total cost of the construction project and the terms of payment, including
				specification of a payment schedule;
4.1.7. The construction project's start and
				completion dates;
4.1.8. A
				statement requiring the licensee and owner to sign and date a written
				authorization for any additions, modifications, or changes to the description
				of work to be performed, to the contract price, or to any other changes to the
				terms and conditions of the contract;
4.1.9. A statement requiring the licensee and
				owner to confirm licensee's disclosure regarding whether licensee has a valid
				and current general liability insurance policy;
4.1.10. A statement that the licensee will
				enter into a written contract with any subcontractor that the licensee hires to
				work on the construction project, and that the written contract between the
				licensee and subcontractor will include all relevant provisions, terms and
				conditions, including a statement requiring the licensee, subcontractor, and
				owner to confirm subcontractor's disclosure regarding whether subcontractor has
				a valid and current general liability insurance policy, as the contract between
				the licensee and owner;
4.1.11. The
				licensee's contractor license number and classifications;
4.1.12. A statement that all employees on the
				project, including employees of any subcontractor, are legally authorized to
				work in the United States;
4.1.13.
				The licensee's workers' compensation policy number and unemployment insurance
				account number;
4.1.14. A
				description of any additional provisions, terms, or conditions of the
				contract;
4.1.15. Authorized
				licensee's signature, printed name, title, date, taxpayer ID number, business
				telephone number and email address; and
4.1.16. Authorized owner signature, printed
				name, title, date, email address and telephone number.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-04 - Written Contracts For Services › Section 28-4-5 - Licensee's Failure to Execute a Written Contract

Current through Register Vol. XLI, No. 28, July 12, 2024
A licensee who fails to execute a written contract as
				  required by W. Va. Code §
									30-42-10(b) and this rule may be subject to
				  disciplinary action by the Board as provided for in W. Va. Code
				  §
									30-42-15.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-04 - Written Contracts For Services › Section 28-4-6 - Licensee's Obligation to Provide the Board With a Copy of a Written Contract

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Upon request
				by the Board, a licensee shall submit copies of its written
				contracts.
6.2. If a licensee fails
				to submit copies of the requested contracts within 10 days of the Board's
				request, the licensee may be subject to disciplinary action by the Board as set
				forth in W. Va. Code §
									30-42-15.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-04 - Written Contracts For Services › Section 28-4-7 - Exemption of Board of Manufactured Housing Construction and Safety Licensees For the Initial Installation of a HUD-Code Manufactured Home

Current through Register Vol. XLI, No. 28, July 12, 2024
Licensees of the West Virginia Board of Manufactured Housing
				  Construction and Safety are exempt from compliance with this Board's written
				  contract requirements for the initial installation of a HUD-Code manufactured
				  home.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the qualifications necessary to obtain licensure as a
				Speech-Language Pathologist and/or Audiologist in the State of West Virginia.
				It also establishes the prerequisites and requirements for provisional
				licensure, license renewal, reinstatement of expired licenses, retirement of
				licenses, fees, telepractice services and standards of conduct.
1.1.1. The West Virginia Board of
				Speech-Language Pathology and Audiology is authorized to grant or deny
				licensure only according to the requirements in W.Va. Code §
										30-32-1
et seq
. The Board has no authority to waive licensure
				requirements or any conditions for licensure except as stipulated by the law.
				All applicants, licensees, registered assistants, postgraduate professional
				experience supervisors, assistant's supervisors and all others concerned with
				licensure or registration shall be held responsible for knowing and
				understanding W.Va. Code §
										30-32-1 et seq and Legislative Rules Title
				§29-1, §29-2, §29-3, §29-4 and §29-5.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "ASHA" means the American
				Speech-Language-Hearing Association.
2.2. "AAA" means the American Academy of
				Audiology.
2.3. "Board" refers to
				the West Virginia Board of Examiners for Speech-Language Pathology and
				Audiology, abbreviated as WVBESLPA.
2.4. "Initial" means obtaining a license in
				West Virginia for the profession sought for the first time.
2.5. "License" means a license issued by the
				Board to someone who meets all the requirements for licensure in
				Speech-Language Pathology and/or Audiology.
2.6. "Low-income Individuals" means
				individuals in the local labor market as defined in W.Va. Code §
									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. These individuals may apply for the low-income waiver of
				initial licensing fees.
2.7
				"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 these
				forces, and their spouses. The term also includes surviving spouses of deceased
				service members who have not remarried. These individuals may apply for the
				military family waiver of initial licensing fees.
2.8. "Provisional License" means a license
				issued by the Board for completion of the Postgraduate Professional Experience,
				as set forth in section 13 of this rule.
2.9. "Telepractice Services" is defined as
				the application of telecommunication technology to deliver speech-language
				pathology and/or audiology services at a distance for assessment, intervention
				and/or consultation.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-3 - Qualifications for licensure in speech-language pathology

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. To be eligible for licensure by the
				Board as a speech-language pathologist, the applicant shall:
3.1.1. Make application to the Board on the
				license application form approved by the Board;
3.1.1.a. All required documents for
				application for a license in Speech-Language Pathology shall be in the English
				language or sent with a certified translation into the English
				language;
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-4 - Qualifications for licensure in Audiology

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				To be eligible for licensure by the Board as an Audiologist, the applicant
				shall:
4.1.1. Make application to the Board
				on the license application form approved by the Board;
4.1.1.a. All required documents for
				application of a license in Audiology shall be in the English language or sent
				with a certified translation into the English language;
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-5 - Qualifications for a Provisional License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				To be eligible for provisional licensure by the Board, for purposes of
				fulfilling a Postgraduate Professional Experience, the applicant shall:
5.1.1. Make application to the Board on the
				license application form approved by the Board;
5.1.2. Pay to the Board the appropriate
				application and license fee as required by section 11 of this rule; or,
5.1.2.a. Apply for a military family waiver
				of all initial licensing fees. The applicant shall submit
t
he military service verification form, provided by
				the Board at
www.wvspeechandaudiology.com
, and
				all required verification documents with the application for licensure;
				or
5.1.2.b. Apply for a low-income
				waiver of all initial licensing fees. The applicant shall submit the Low Income
				Waiver of Initial Licensing Fees form, provided by the Board at
www.wvspeechandaudiology.com
,
				with the application for licensure. The applicant shall attest to the validity
				of the information provided by signing, under penalty of perjury, the Written
				Declaration;
5.1.3.
				Submit to the Board an official university/college transcript from a
				university/college approved by the Council of Academic Accreditation in
				Audiology and Speech-Language (CAA).
5.1.3.a.
				All required documents for application of a provisional license shall be in the
				English language or sent with a certified translation into the English
				language.
5.1.3.b. A master's
				degree or equivalent from an international college or university shall be
				submitted in the English language and accompanied by an evaluation provided by
				a credentials evaluation agency approved by the Board. A list of approved
				credentials evaluation agencies may be obtained from the board; and
5.1.4. Submit to the Board an
				original test score from the Educational Testing Service for the specialty area
				of Speech-Language Pathology.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-6 - Registration as an Interstate Telepractice Practitioner with Out-Of-State License

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Registration, Renewal, Standard of Care & Standards of Conduct of an
				Interstate Telepractice Practitioner are stated in section 16 of this
				rule.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-7 - License Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All
				licenses, except provisional licenses and assistants' registrations, expire
				biennially on the 31st day of December. Expiration
				of licenses is always on the even year, e.g., 2018, 2020, etc.
7.2. A licensee requesting renewal of a
				license shall:
7.2.1. Pay to the Board the
				license renewal fees, as stated in section 11 of this rule.
7.2.2. Submit an application for renewal on
				the license renewal form prescribed by the Board; and
7.2.3. Complete Board approved continuing
				education activities as stated in section 14 of this rule.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-8 - Reinstatement of Expired Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Board
				may reinstate a license expired for more than one year but fewer than five
				years if the licensee:
8.2. Pays to
				the Board a reinstatement fee equal to the renewal fee in effect on the last
				regular renewal date immediately preceding the date of reinstatement, and the
				license reinstatement fee stated in section 11 of this rule; and
8.2.1. Completes 10 clock hours of approved
				continuing education per year that the license was expired up to a maximum of
				25 hours. The applicant shall submit
v
erification of
				the required continuing education as part of the license reinstatement process.
				The continuing education shall include one clock hour of ethics training per
				year that the license was expired up to a maximum of two hours as stated in
				section 14 of this rule.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-9 - Retirement of Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board
				shall grant retired status to Speech-Language Pathologists and Audiologists who
				do not practice Speech-Language Pathology or Audiology for an extended time
				period after the expiration date of their current license because of
				retirement, family matters, etc.
9.2. A retired license request form must be
				completed and submitted to the Board by the licensee requesting the retired
				license status.
9.3. Retired
				licensees may resume their active status by payment of the biennial renewal
				fee.
9.4. In order to resume the
				practice of Speech-Language Pathology or Audiology, retired status licensees
				shall demonstrate completion of five clock hours of continuing education in the
				area of licensure for each year that the retired status was maintained (maximum
				of 25 hours). The continuing education shall include one clock hour of ethics
				per year the retired status was maintained up to a maximum of two hours as
				stated in subsection 14.2.1. of this rule.
9.5. The licensee may submit the required
				clock hours of continuing education each year he or she is retired or submit
				all of the hours the year he or she returns to work in the profession.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-10 - Standards of Conduct

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Licensees
				shall comply with the West Virginia Board of Examiners for Speech-Language
				Pathology and Audiology Code of Ethics as set forth in Board Rule §29CSR5.
				A licensee who fails to comply with the Code of Ethics is subject to
				disciplinary action as described in W. Va. Code
				§
									30-32-19.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-11 - Schedule of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Application fees:
11.1.1. License, Interstate
				Telepractice Registration and Provisional license application fee
				(non-refundable) - $100
11.1.2.
				Initial application fees are waived for applicants who serves as an active duty
				member of the armed forces of the United States, the National Guard or a
				reserve unit, active duty members' spouses, honorably discharged veterans and
				their spouses, and surviving spouses of deceased services members who have not
				remarried, as specified in paragraphs 3.1.2.a., 4.1.2.a., and 5.1.2.a. of this
				rule.
11.1.3. Initial application
				fees are waived for applicants who qualify as a low-income individual, as
				specified in paragraphs 3.1.2.b., 4.1.2.b., and 5.1.2.b. and
11.1.4. Initial license and Interstate
				Telepractice Registrations fees are waived as stated in subdivisions 11.1.2.
				and 11.1.3. of this rule.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-12 - Academic Clinical Practicum Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. All Speech-Language Pathology
				applicants shall complete a minimum of 400 clock hours to complete the academic
				clinical practicum requirement. Twenty-five hours must be spent in clinical
				observation and 375 hours must be spent in direct client/patient contact, as
				required by the Council on Academic Accreditation in Speech-Language Pathology
				(CAA).
12.1.1. Up to 20 clock hours in the
				major professional area may be in related disorders.
12.1.2. At least 20 of the 400 hours shall be
				in Audiology.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-13 - Postgraduate Professional Experience. (Also known as Clinical Fellowship Year)

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				purpose of the post-graduate professional experience (PPE) is to permit a
				provisional licensee to practice speech-language pathology while working under
				the supervision of a person fully licensed by the board in the area in which
				licensure is sought. The PPE does not apply to an audiologist with a clinical
				doctorate degree as described in subsection 13.14 of this rule.
13.2. The post-graduate professional
				experience may be obtained in any one of a number of diverse employment
				settings. The determination of whether a given setting is appropriate for the
				clinical fellow is achieved by applying:
13.2.1. The criterion of whether the
				particular program is designed to evaluate, habilitate, or rehabilitate the
				communicative functioning of speech, language, and hearing handicapped
				persons.
13.2.2. The program shall
				afford the possibility that the postgraduate professional experience
				supervisory requirements can be met.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-14 - Continuing Education

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. In order
				to renew a Speech-Language Pathology, Audiology or provisional license, the
				licensee shall complete continuing education units that relate directly to
				professional growth and development, e.g., clinical skills. The continuing
				education requirements for Speech-Language Pathology and Audiology Assistants
				are stated in the Board's Rule - Rule Governing Speech-Language Pathology and
				Audiology Assistants, 29CSR2.
14.1.1. A person
				initially licensed during the last six months of the two year licensing period
				is not required to complete CEU's as a prerequisite for the first renewal of
				his or her license.
14.1.2. The
				Board may grant an exemption for all or part of the continuing education
				requirements due to circumstances beyond the control of the licensee, such as
				extended illness, temporary disability, military deployment or officially
				declared disasters. The request for the exemption shall include corroboration
				of the circumstances.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-15 - Coursework requirement for Master's Equivalency for Speech-Language Pathology and Audiology

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1
				Definitions.
15.1.1. "Equivalent" is defined
				as holding a bachelor's degree from an accredited college or
				university.
15.1.2. "Equivalency"
				is defined as at least 42 post-baccalaureate semester hours acceptable toward a
				master's degree.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-16 - Registration, Renewal, Standard of Care and Standards of Conduct of an Interstate Telepractice Practitioner

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Definitions:
16.1.1. "Established patient" means a patient
				who has, within the last three years, received professional services,
				face-to-face, from the physician, qualified health care professional, or
				another physician or qualified health care professional of the exact same
				specialty and subspecialty who belongs to the same group practice.
16.1.2. "Health care practitioner" means a
				person authorized to practice under W. Va. Code §
										30-3-1 et. seq., &
				30-32-1 et seq., and any other person who provides healthcare services and is
				licensed under this Rule.
16.1.3.
				"Interstate telepractice services" means the provision of telepractice services
				to a patient located in West Virginia by a health care practitioner located in
				any other state or commonwealth of the United States.
16.1.4. "Registration" means an authorization
				to practice a health profession regulated by W. Va. Code §
										30-1-1
et seq
. and §
										30-32-1
et seq
. for the
				limited purposed of providing interstate telepractice services within the
				registrant's scope of practice.
16.1.5 "Telepractice services" means the use
				of synchronous or asynchronous telecommunications technology or audio only
				telephone calls by a health care practitioner to provide health care services,
				including, but not limited to the assessment, diagnosis, consultation,
				treatment, and monitoring of a patient; transfer of medical data; patient and
				professional health-related education; public health services; and health
				administration. The term does not include internet questionnaires, email
				messages, or facsimile transmissions.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-01 - Licensure of Speech-Pathology and Audiology › Section 29-1-17 - Telepractice

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Definitions.
17.1.1. "Asynchronous" is defined as images
				or data that are captured and transmitted for later review by a
				provider.
17.1.2. "Client/Patient"
				is defined as a consumer of telepractice services.
17.1.3. "Facilitator" is defined as the
				individual at the client site who facilitates the telepractice service delivery
				at the direction of the speech-language pathologist or audiologist. For
				purposes of fulfilling the facilitator role at the direction of the
				speech-language pathologist or audiologist, an individual does not have to
				become licensed as an aide.
17.1.4.
				"Provider" is defined as a speech-language pathologist or audiologist, fully
				licensed by the board, who provides telepractice services.
17.1.5. "Service Delivery Model" is defined
				as the method of providing telepractice services.
17.1.6. "Site" is defined as the
				client/patient location for receiving telepractice services.
17.1.7. "Stored Clinical Data" is defined as
				video clips, sound/audio files, photo images, electronic records, and written
				records that may be available for transmission via telepractice
				communications.
17.1.8.
				"Synchronous" is defined as interactive audio and video telepractice service
				occurring in real time.
17.1.9.
				"Telepractice Service" is defined as the use of synchronous or a synchronous
				telecommunications technology or audio only telephone calls by a health care
				practitioner to provide health care services, including, but not limited to the
				assessment, diagnosis, consultation, treatment, and monitoring of a patient;
				transfer of medical data; patient and professional health-related education;
				public health services; and health administration. The term does not include
				internet questionnaires, email messages, or facsimile transmissions.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-02 - Rule Governing Speech-Language Pathology and Audiology Assistants › Section 29-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes procedures for the registration of speech-language pathology and
				audiology assistants and defines the qualifications, duties, and
				responsibilities of the assistant and supervisor.
1.2. Authority. -- WV Code §
									30-32-7.
1.3. Filing Date. -- June 29, 2016.
1.4. Effective Date. -- July15,
				2016.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-02 - Rule Governing Speech-Language Pathology and Audiology Assistants › Section 29-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Credentialing: Mechanism for formal
				recognition. May take different forms such as recognition, registrationor
				certification.
2.2. Direct
				supervision: Direct supervision means the actual physical presence of a
				supervising licensed speech-language pathologist or supervising licensed
				audiologist in the room where treatment is provided by an assistant.
2.3. Indirect supervision: Indirect
				supervision means initial direction and periodic inspection of the activities
				of an assistant by the supervising licensed speech-language pathologist or
				supervising licensed audiologist, who is physically present in the building
				where treatment is provided and is quickly and easily available.
2.4. Plan of care: (treatment plan). This
				terminology is meant to include, but not be limited to, the "Plan of Care,"
				"Individualized Education Program (IEP) or "Individualized Family Service Plan
				(IFSP)," and other titles that outline the care of the
				patient/client.
2.5. Telepractice:
				The application of telecommunication technology to deliver speech-language
				pathology or audiology services through real time interaction from one site to
				another for assessment, intervention or consultation in a manner sufficient to
				ensure patient confidentiality.
2.6. Facilitator: An individual at the client
				site who facilitates the telepractice service delivery at the direction of the
				speech-language pathologist or audiologist.
2.7 Medically fragile patient/client: A
				medically fragile patient/client means a patient/client who has any condition
				that interferes with the airway, breathing, and/or circulatory
				system.
2.8. Supervisor: A speech
				pathologist or audiologist licensed by the state who has been practicing for at
				least 2 years following licensure and who assumes legal responsibility for
				services provided by an assistant.
2.9. Support personnel: Support personnel in
				speech-language pathology and Audiology are people who, following academic
				and/or on-the-job training, perform tasks as prescribed, directed, and
				supervised by licensed speech-language pathologists and audiologists. There are
				different levels of support personnel based on training and scope of
				responsibilities.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-02 - Rule Governing Speech-Language Pathology and Audiology Assistants › Section 29-2-3 - Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The speech-language pathology or
				audiology assistant shall possess a minimum of an associate's degree from an
				institution or technical training program with a program of study designed to
				prepare the student to be a speech language pathology or audiology assistant.
				Individuals who hold a bachelor's degree in speech-language pathology or
				audiology are considered at the same level as assistants who meet the training
				requirements specified in this document. However, these distinctions could be
				viewed as separate rungs of a career ladder for support personnel that for some
				could culminate with a master's degree and ASHA certification in
				speech-language pathology or audiology. A bachelor's degree does not
				automatically qualify an individual as a speech-language pathology or audiology
				assistant. All training requirements apply, including supervised practicum,
				on-the-job training, and demonstrated competence through outcome-based
				measures.
West Virginia Code of State Rules › Agency 29 - Speech-Language Pathology And Audiology › Title 29 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Series 29-02 - Rule Governing Speech-Language Pathology and Audiology Assistants › Section 29-2-5 - Role of the Speech-Language Pathology Assistant

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The speech-language pathology assistant shall engage only in those duties that
				are planned, designed and supervised by the supervisor, and for which the
				assistant has received adequate training.
(a)
				An assistant may:
(1) Assist the
				speech-language pathology supervisor with screenings (without
				interpretation)
(2) Follow
				documented treatment plans or protocols developed by the supervising
				speech-language pathologists.
(3)
				Document patient/client performance (e.g., tally data for the supervisor to
				use; prepare charts, records, and graphs) and report this information to the
				supervisor.
(4) Assist the
				supervisor during assessment of patients/clients.
(5) Assist with informal documentation as
				directed by the supervisor.
(6)
				Assist with clerical duties, such as preparing materials and scheduling
				activities as directed by the supervisor.
(7) Perform checks and maintenance of
				equipment.
(8) Support the
				supervising speech-language pathologists or audiologists in research projects,
				inservice training, and public relations programs.
(9) Assist with departmental operations
				(scheduling, record-keeping, safety/maintenance of supplies and
				equipment).
(10) Collect data for
				quality improvement.
(11) Exhibit
				compliance with regulations reimbursement requirements, and speech-language
				pathology or Audiology assistant's job responsibilities.
(12) Fulfill the facilitator role to assist
				clients on site when telepractice services are provided.