reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-03 - Disciplinary And Complaint Procedures › Section 16-3-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all licensed Physical Therapists,
				  Physical Therapy Aides, Physical Therapist Assistants, Permittees, and
				  Applicants.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-03 - Disciplinary And Complaint Procedures › Section 16-3-3 - 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 temporary permit to
				practice Physical Therapy or to assist in the practice of Physical Therapy
				pursuant to W. Va. Code '30-20-1 et
				seq.
3.2. "Board" means the West
				Virginia Board of Physical Therapy.
3.3. "License" means a license or temporary
				permit issued by the Board to practice Physical Therapy or to assist in the
				practice of Physical Therapy pursuant to W. Va. Code '30-20-1 et
				seq.
3.4. "Physical Therapist"
				means a person who practices Physical Therapy. Physical Therapy Aides and
				Physical Therapist Assistants are persons who assist in the practice of
				Physical Therapy as defined in W. Va. Code '30-20-2.
3.5. "Ethics investigator" means a person
				licensed to practice Physical Therapy in this State, and who is hired by the
				Board for the purpose of reviewing complaints against Physical Therapists,
				Physical Therapy Aides, Physical Therapist Assistants, Permittees and
				Applicants.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-03 - Disciplinary And Complaint Procedures › Section 16-3-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Physical Therapists

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may deny an application for license, place a
				  licensee on probation, limit or restrict a license, suspend a license or revoke
				  any license issued by the Board, upon satisfactory proof that a licensee has
				  been convicted of a felony or is, in his or her professional capacity, engaged
				  in conduct, practices or acts constituting professional negligence or a willful
				  departure from accepted standards of professional conduct in violation of W.
				  Va. Code '30-20-1 et seq. or
				  Title 16, Series 1, Rules of the Board.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-03 - Disciplinary And Complaint Procedures › Section 16-3-5 - 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 a Physical Therapist, Physical Therapy
				Aide, Physical Therapist Assistant, Permittee or Applicant with a violation of
				W. Va. Code '30-20-1
				et seq. or of Title 16, Series 1, Rules of the Board. The Board may provide a
				form for that purpose, but a complaint may be filed in any written form. In
				addition to describing the alleged violation which prompted the complaint, the
				complaint must contain the following:
5.1.1.The name and address of the Physical
				Therapist, Physical Therapy Aide, Physical Therapist Assistant. Permittee or
				Applicant against whom the complaint is lodged;
5.1.2. The date of care;
5.1.3. The name of any person who may have
				treated the patient after the alleged incident; and,
5.1.4. 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 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-03 - Disciplinary And Complaint Procedures › Section 16-3-6 - Contested Case Hearings

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 a Physical Therapist, Physical Therapy
				Aide, Physical Therapist Assistant, or Permittee=s conduct, practices or acts
				constitute an immediate danger to the public.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-03 - Disciplinary And Complaint Procedures › Section 16-3-7 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any Applicant
				who has had his or her application for a license denied by order of the Board
				may appeal the order within thirty (30) days of that action in accordance with
				the contested case hearing procedures set forth in W. Va. Code '29A-6-1
				et seq. and Title 16, Series 2, Rules of the Board: Provided, that the appeal
				shall not include cases in which the Board denies a license or certificate
				after an examination to test the knowledge or the ability of the applicant
				where the controversy concerns whether the examination was fair or whether the
				applicant passed the examination.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-04 - Fees for Physical Therapist and Physical Therapist Assistant › Section 16-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				describes and defines requirements for licensure as well as nature of practice
				for Physical Therapists, Physical Therapist Assistants and support
				personnel.
1.2. Authority. -- W.
				Va. Code §
									30-20-1,
				et. seq.
1.3. Filing Date. --
				April 6, 2021.
1.4. Effective
				Date. -- May 1, 2021
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect
				upon August 1, 2031.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-04 - Fees for Physical Therapist and Physical Therapist Assistant › Section 16-4-2 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West Virginia Board of Physical
				Therapy is an autonomous State Licensing Board Agency and as such receives no
				monies from the State's general revenue fund; nor does it receive any Federal
				money. All money necessary to efficiently staff and equip a public office must
				be generated by services performed by the Board in behalf of its licensees or
				other interested parties.
2.2.
				Applicants shall pay to the Board the fees established and authorized by W. Va.
				Code §
									30-20-1,
				et. seq., except as provided in W. Va. Code §
									30-1-23.
2.2.1. Physical Therapist Application $25
2.2.2. Physical Therapist License
				$220
2.2.3. Physical Therapist
				Temporary Permit $35
2.2.4.
				Physical Therapist Biennial Renewal $100
2.2.5. Physical Therapist Delinquent License
				$250
2.2.6. Physical Therapist
				Assistant Application $25
2.2.7.
				Physical Therapist Assistant License $140
2.2.8. Physical Therapist Assistant Temporary
				Permit $20
2.2.9. Physical
				Therapist Assistant Biennial Renewal $60
2.2.10. Physical Therapist Assistant
				Delinquent License $170
2.2.11.
				Permanent License Verification
2.2.11.a.
				Office Generated $25
2.2.11.b.
				Online No Charge
2.2.12. Duplicate Wallet Card/License $5
2.2.13. Duplicate Wall Certificate
				$15
2.2.14. Name Change Requiring
				New Card/License (Outside of Renewal Season) $5
2.2.15 Exam Processing Fee $25
2.2.16. Physical Therapy Compact Fee $50
2.2.17. Continuing Education
				Course Review
2.2.17.a. Provider
2.2.17.a.1. Course under 10 hours $25
2.2.17.a.2. Course of 10 hours or
				more $50
2.2.17.b.
				Individual Licensee Review $15
2.2.18. Continuing Education Non-Compliance
				$200
2.2.19. All fees not paid by
				the due date shall be assessed a penalty to be determined by the Board not to
				exceed 25% of the original fee required.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule describes and defines requirements on licensure for Athletic
				Trainers.
1.2. Authority. -- W.
				Va. Code §
									30-20A-1, et. seq.
1.3. Filing Date. -- April 6,
				2021.
1.4. Effective Date. --
				April 6, 2021.
1.5. Sunset
				Provision - This rule shall terminate and have no further force or effect upon
				August 1, 2031.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-3 - Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The applicant
				must complete the application form provided by the Board and supply the
				following:
3.1.1. Personal information;
3.1.2. Proof of current
				certification by a National Certifying Board approved by the West Virginia
				Board of Physical Therapy;
3.1.3.
				Verification of Licensure, Certification, or Registration from other
				jurisdictions that regulate the practice of athletic training in their
				jurisdictions;
3.1.4. Written
				responses to questions regarding criminal offenses;
3.1.5. Written responses to questions
				regarding child support obligations;
3.1.6. Name and address of prospective
				employer in West Virginia if known;
3.1.7. Photo Identification;
3.1.8. Applicable fee(s);
3.1.9. Educational information;
3.1.10. History of previous work experience,
				if applicable; and
3.1.11.
				Complete a criminal background check as required by W. Va. Code §
										30-1D-1.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-4 - Scores

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The applicant
				must take a board approved national certifying examination and obtain a passing
				score as determined by the Board.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-5 - Issuance, Renewal or Reinstatement of License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board reserves the right to evaluate
				the applicant according to the testing, licensure, and procedural requirements
				as initiated by the agency responsible for the ownership and development of the
				national exam.
5.2. Licenses
				expiring on June 30th of each particular year must be renewed by payment of
				applicable fee along with completed renewal application.
5.3. A license not renewed without specific
				request to place it in "inactive" status will automatically be placed on
				delinquent status.
5.4. Delinquent
				licensee is responsible for penalty fees including but not limited to;
				application fee, delinquent license fee, and the current year renewal fee. A
				licensee must also complete and show proof of board approved continuing
				education requirements.
5.5. To
				reinstate an "inactive" license, the licensee must submit an application for
				renewal along with a non-refundable application fee and license renewal fee.
5.6. Any change in personal
				contact and employer/supervisor information must be submitted in writing to the
				Board as changes occur.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-7 - Temporary Permit for Athletic Trainers

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. An individual possessing a temporary
				permit issued by the Board to practice athletic training or act as an athletic
				trainer in the state of West Virginia shall practice under the direct
				supervision of a licensed athletic trainer. All progress notes written by the
				athletic trainer with a temporary permit shall be cosigned by an athletic
				trainer supervisor within 24 hours.
7.2. A temporary permit may be issued only to
				individuals who have met the eligibility criteria set forth in W. Va. Code
				§
									30-20A-4,
				and §
									30-20A-7, and
				who have submitted proper application and identification as determined by the
				Board:
7.2.1. Pending examinations, to any
				athletic training applicant who is a new graduate of a program approved by the
				Commission on Accreditation of Athletic Training Education (CAATE).
7.2.2. To a person who possesses an
				unencumbered credential in another jurisdiction and provides satisfactory
				evidence that the applicant's education is substantially equivalent to the
				educational requirements for athletic trainers under the provisions of this
				article.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-8 - Scope of Practice for Athletic Trainers

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. An athletic trainer may perform the
				following:
8.1.1. The practice of athletic
				training is defined as the application of principles, methods, and procedures
				for managing athletic injuries or conditions, which shall include the
				prevention, emergency care, clinical examination and assessment, therapeutic
				intervention, and treatment of athletic injuries or conditions through the use
				of appropriate preventative and support devices, and within the professional
				preparation and education of a licensed athletic trainer subject to the general
				supervision. Athletic training includes recognizing illness and referring to
				the appropriate health care professional and implementation of treatment
				pursuant to the orders of those professions listed under general supervision.
				Athletic training also includes instruction to coaches, athletes, parents,
				medical personnel, and communities in the area of care and prevention of
				athletic injuries or conditions.
8.1.2. Engage in administration,
				consultation, and research.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-9 - Athletic Training student and/or permittee

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. In all practice settings, the following
				are required:
9.1.1. No more than four
				athletic training students and or athletic trainers holding a temporary permit,
				or any combination thereof, can be supervised by a licensed athletic trainer at
				any one time.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-10 - Licensing Individuals outside the United States

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An applicant for an athletic training
				license who was educated outside the United States shall meet the following
				criteria in order to be eligible for licensure by the Board:
10.1.1. Credentials:
10.1.1.a. The foreign-educated applicant
				shall present a certificate issued by a board approved prescreening
				certification agency.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-11 - Continuing Education

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				A "unit" is one clock hour spent in a continuing education activity unless
				otherwise defined in this section.
11.2. All licensees desiring to remain
				"active" and in good standing must complete 50 units of board approved
				continuing education within the two-year licensing period. If the licensee does
				not complete the 50 units of board approved continuing education within the
				licensing period, that license will be placed on delinquent/lapsed status and
				will be subject to all fees associated with delinquent/lapsed status.
11.2.1. Accumulated CEU's may not be carried
				over from one renewal period to another.
11.2.2. A new graduate does not need
				continuing education hours for the current year of graduation.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-12 - Dry Needling

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				In order to perform dry needling, an athletic trainer must obtain educational
				instruction approved by the West Virginia Board of Physical Therapy.
12.1.1. Dry needling by an athletic trainer
				must be performed under general supervision as described in W. Va. Code R.
				§
										16-5-2.9.
12.1.2. A licensed athletic
				trainer is prohibited from performing dry needling within the primary and
				secondary school settings.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-13 - Telehealth

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Telehealth
				services may only be used to provide athletic training services to a patient
				who is physically located at an originating site in West Virginia other than
				the site where the athletic trainer is located, whether or not in West
				Virginia;
Provided
, That telehealth services may be used to
				provide athletic training services to a patient who is physically located at an
				originating site outside of West Virginia other than the site where the
				athletic trainer is located, whether or not in West Virginia, if the patient
				has established a prior professional relationship with the athletic trainer,
				and if in compliance with applicable federal and state law where the
				originating site is located.
13.2.
				Athletic training telehealth services must be provided by an athletic trainer
				who possesses a current unrestricted West Virginia license.
13.3. The provision of athletic training
				services via telehealth requires synchronous audiovisual interaction between
				the athletic trainer and the patient/client, which may be accompanied by the
				use of asynchronous store and forward technology.
13.4. Standard of Care. An athletic trainer
				that provides telehealth services is subject to the same standard of care that
				would apply to the provisions of the same athletic training service in an
				in-person setting.
13.5.
				Telehealth services may only be performed once an in-person evaluation has been
				performed and a professional relationship with the patient has been
				established.
13.6. Informed
				Consent. An athletic trainer that provides telehealth services must obtain and
				maintain the informed consent of the patient, or of another individual
				authorized to make health care treatment decisions for the patient, prior to
				the provision of telehealth services.
13.7. Confidentiality. An athletic trainer
				that provides telehealth services must ensure that the privacy and
				confidentiality of the patient's medical information is maintained during and
				following the provision of telehealth services, including compliance with HIPAA
				regulations and other federal and state law.
13.8. The failure of an athletic trainer to
				comply with this section shall constitute detrimental practice and could
				subject the licensee to disciplinary action by the Board.
13.9. The Board will investigate complaints
				regarding services provided via telehealth in the same manner as it
				investigates other complaints as set in statute and rule.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-06 - Fees For Athletic Trainers › Section 16-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				describes and defines requirements for licensure as well as nature of practice
				for Athletic Trainers and support personnel.
1.2. Authority. -- W. Va. Code §
									30-20A-1, et. seq.
1.3. Filing Date. -- April 6, 2021
				.
1.4. Effective Date. -- May 1,
				2021.
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect upon August 1, 2031.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-06 - Fees For Athletic Trainers › Section 16-6-2 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West Virginia Board of Physical
				Therapy is an autonomous State Licensing Board Agency and receives no monies
				from the State's general revenue fund; nor does it receive any Federal money.
				All money necessary to efficiently staff and equip a public office must be
				generated by services performed by the Board in behalf of its licensees or
				other interested parties.
2.2.
				Applicants shall pay to the Board the fees established and authorized by W. Va.
				Code §
									30-20A-1, et. seq.,
				except as provided in W. Va. Code §
									30-1-23.
2.2.1. Athletic Trainer Application
				$25
2.2.2. Athletic Trainers
				License $180
2.2.3. Biennial
				Renewal $80
2.2.4. Athletic
				Trainer Delinquent License $210
2.2.5. License Verification
2.2.5.a. Office generated $25
2.2.5.b. Online No Charge
2.2.6. Duplicate Wall Certificate
				$15
2.2.7. Name Change Requiring
				New Card/ License (Outside of Renewal Season) $5
2.2.8. Athletic Trainer Temporary Permit $30
2.2.9. Duplicate wallet
				card/license $5
2.2.10. Continuing
				Education Course Review
2.2.10.a. Provider
2.2.10.a.1. Course under 10 hours $25
2.2.10.a.2. Course of 10 hours or
				more $50
2.2.10.b.
				Individual licensee review $15
2.2.11. Continuing Education Non-Compliance
				$200
2.2.12. All fees not paid by
				the due date shall be assessed a penalty to be determined by the Board not to
				exceed 25% of the original fee required.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-07 - Contested Case Hearing Procedure For Athletic Trainers › Section 16-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule describes and defines requirements on registration for Athletic
				Trainers.
1.2. Authority. -- W. Va.
				Code § 30-20A-1, et. seq.
1.3.
				Filing Date. -- August 12, 2010.
1.4. Effective Date. -- September 11,
				2010.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-07 - Contested Case Hearing Procedure For Athletic Trainers › Section 16-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in these rules shall
				  have the following meanings, unless the context otherwise requires:
2.1. "Applicant" means any person making
				application for an original or renewal registration to act as an athletic
				trainer.
2.2. "Board" means the
				West Virginia Board of Physical Therapy established under article twenty of
				chapter 30.
2.3. "Registrant" means
				a person registered as an athletic trainer.
2.4. "Registration" means a document issued
				by the board to practice athletic training.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-07 - Contested Case Hearing Procedure For Athletic Trainers › Section 16-7-3 - Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. At any time prior to the hearing or
				thereafter, the Board, or its designee may hold conferences for the following
				purposes:
3.1.a. To dispose of procedural
				requests, prehearing motions or similar matters;
3.1.b. To simplify or settle issues by
				consent of the parties; or,
3.1.c.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-07 - Contested Case Hearing Procedure For Athletic Trainers › Section 16-7-4 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. 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 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-07 - Contested Case Hearing Procedure For Athletic Trainers › Section 16-7-6 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence will be reported by
				stenographic notes and characters or by mechanical means.
6.2. All reported materials will be
				transcribed. The Board has the responsibility to make arrangements for the
				transcription of the reported testimony and evidence.
6.3. 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 will settle all differences arising as to whether the
				transcript truly discloses what occurred at the hearing and will require 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 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-07 - Contested Case Hearing Procedure For Athletic Trainers › Section 16-7-7 - Submission of Proposed Findings of fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any party may
				submit proposed findings of fact and conclusions of law at a time and manner
				designated by the Board.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-07 - Contested Case Hearing Procedure For Athletic Trainers › Section 16-7-8 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any final
				order entered by the Board following a hearing conducted pursuant to this rule
				will be made pursuant to the provisions of W. Va. Code §
									29A-5-3. All
				final orders must 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 must contain findings of fact and conclusions of
				law.
8.2. The findings of fact and
				conclusions of law must be approved by a majority of the Board by vote at a
				regular meeting, before a final order is entered. A copy of the final order
				approved by a majority of the Board must be served upon the demanding or
				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 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-07 - Contested Case Hearing Procedure For Athletic Trainers › Section 16-7-9 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An appeal from
				any final order entered in accordance with this rule will comply with the
				§ 29A-6-1. et seq.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-08 - Disciplinary And Complaint Procedures For Athletic Trainers › Section 16-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies a procedure for the investigation and resolution of complaints
				against Registered Athletic Trainers.
1.2. Authority. -- W. Va. Code §
				30-20A-1 et seq.
1.3. Filing Date.
				-- August 12, 2010.
1.4. Effective
				Date. -- September 11, 2010.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-08 - Disciplinary And Complaint Procedures For Athletic Trainers › Section 16-8-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule
				applies to all registered Athletic Trainers.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-08 - Disciplinary And Complaint Procedures For Athletic Trainers › Section 16-8-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in these rules shall
				  have the following meanings, unless the context otherwise requires:
3.1. "Applicant" means any person making
				application for an original or renewal registration to act as an athletic
				trainer.
3.2. "Board" means the
				West Virginia Board of Physical Therapy established under article twenty of
				chapter 30.
3.3. "Registrant" means
				a person registered as an athletic trainer.
3.4. "Registration" means a document issued
				by the board to practice athletic training.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-08 - Disciplinary And Complaint Procedures For Athletic Trainers › Section 16-8-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Registration of Athletic Trainers

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may deny an application for registration, place a
				  Registrant on probation, limit or restrict a Registrant, suspend a Registrant
				  or revoke any registration issued by the Board, upon satisfactory proof that a
				  Registrant has been convicted of a felony or is, in his or her professional
				  capacity, engaged in conduct, practices or acts constituting professional
				  negligence or a willful departure from accepted standards of professional
				  conduct in violation of W. Va. Code § 30-20A-1 et seq.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-08 - Disciplinary And Complaint Procedures For Athletic Trainers › Section 16-8-5 - 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 a Registrant or Applicant with a
				violation of W. Va. Code § 30-20A-1 et seq. The Board may provide a form
				for that purpose, but a complaint may be filed in any written form. In addition
				to describing the alleged violation which prompted the complaint, the complaint
				must contain the following:
5.1.a. The name
				and address of the Registrant or Applicant against whom the complaint is
				lodged;
5.1.b. The date of
				care;
5.1.c. The name of any person
				who may have treated the patient after the alleged incident; and,
5.1.d. 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 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-08 - Disciplinary And Complaint Procedures For Athletic Trainers › Section 16-8-6 - Contested Case Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The Board may refuse to renew a registration or suspend a registration if it
				determines there is probable cause to believe that a Registrant conduct,
				practices or acts constitute an immediate danger to the public.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-08 - Disciplinary And Complaint Procedures For Athletic Trainers › Section 16-8-7 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any applicant
				who has had his or her application for a registration denied, a registration
				suspended, or a registration revoked by order of the Board may appeal the order
				within thirty (30) days of that action in accordance with the contested case
				hearing procedures set forth in W. Va. Code §
									29A-6-1
				et seq. Provided, that the appeal shall not include cases in which the Board
				denies a license or certificate after an examination to test the knowledge or
				the ability of the applicant where the controversy concerns whether the
				examination was fair or whether the applicant passed the examination.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-09 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 16-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.-- This
				rule establishes procedures for waiving the initial licensing feefor low income
				individuals and military personnel and their spouses.
1.2. Authority.-- W. Va. Code §
									30-1-23,
				W. Va. Code §
									30-20-5,
				and W. Va. Code §
									30-20A-2.
1.3. Filing Date. -- April 1, 2020
1.4. Effective Date. -- June 1,
				2020
1.5. Sunset Provision.-- This
				rule shall terminate and have no further force or effect on June 1,
				2025.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-09 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 16-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the West Virginia Board of Physical Therapy.
2.2. "BOPT-LIW" means the Board of Physical
				Therapylow 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 a physical therapy, physical therapy assistant, or athletic
				trainer license in West Virginia 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 50 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, 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. "BOPT-MFW" means the Board of Physical
				Therapy Military Family Waiver form used to request a waiver of the initial
				licensing fee for military service members and their spouses as described in W.
				Va. Code §
									30-1-23.
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-09 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 16-9-3 - Application for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An applicant seeking a low income or
				military family waiver of the initial licensing fee shall apply for licensure
				to the Board and provide the required documentation.
3.2. The Board shall provide the applicant
				with the application form and instructions for necessary documentation to
				submit with the license application requesting the low income or military
				family initial licensing fee waiver.
3.3. An applicant shall submit all required
				documentation to the Board, and upon the submission of a complete application,
				the Board shall review the application and issue a decision within 30 days of
				receipt of the completed application.
3.4. The Board may issue a license to an
				applicant who meets the requirements of W. Va. Code et seq. and W. Va. Code
				§
									30-20A-1
				et seq. and the rules promulgated by the Board, and the Board shall waive the
				initial licensing fee for an applicant that meets the requirement of
				"low-income individuals" or "military families" as defined in W.Va. Code §
									30-1-23
West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-09 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 16-9-4 - Required Documentation for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Individuals
				requesting a low income or military family waiver of initial licensure fees
				shall submit with the application the initial licensure waiver BOPT-LIW or
				BOPT-MFW form and the appropriate documentation as specified in this
				section.
4.2. To establish low
				income eligibility for the initial licensing fee waiver, an applicant shall
				submit to the Board evidence that the adjusted gross income of the household of
				the applicant is below 130% of the federal poverty level by submitting
				documentation of eligibility for:
4.2.1.
				Temporary Assistance for Needy Families Program;
4.2.2. Medicaid;
4.2.3. Supplemental Nutrition Assistance
				Program; or
4.2.4. A Federal Tax
				Return.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-01 - Fees › Section 17-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the fees for applications, examinations, temporary
				permits, license renewals, and registers for psychologists and school
				psychologists.
1.2. Authority. --
				W. Va. Code §30-21-6.
1.3.
				Filing Date. -- March 31, 2022.
1.4. Effective Date. -- April 1,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-01 - Fees › Section 17-1-2 - Summary Of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application
				fee: One hundred twenty dollars ($120.00)
2.2. Temporary permits: Ninety dollars
				($90.00).
2.2.1 Ten day temporary permit for
				eligible psychologists licensed in another state: Ninety dollars
				($90.00).
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-02 - Organization and Procedures of the Board of Examiners of Psychologists › Section 17-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedural rules establish the organization of meetings, provide rules
				for creating employees of the Board, and provide information regarding required
				registers, rosters, and annual reports created by the Board.
1.2. Authority. -- W. Va. Code §§
									30-21-5, 6(a)(6), 6(a)(7),
				7(a)(5), 7(b)(1), 7(b)(2), 7(d), 8 and 9.
1.3. Filing Date. - June 14, 2023
1.4. Effective Date. -- July 15,
				2023
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-02 - Organization and Procedures of the Board of Examiners of Psychologists › Section 17-2-2 - Organization Of Meetings Of The Board

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Board shall hold its annual meeting
				each year in the Spring for the purpose of organizing for the following fiscal
				year.
2.2. All other meetings shall
				be called as provided for in the West Virginia Code.
2.3. The Board shall elect a President and
				secretary from its membership for the term of one (1) year, such election to
				occur at the annual meeting.
2.4.
				If, at a time that the Board is acting as an unassembled or oral-examination or
				investigation hearing body, either a member of the Board or an applicant before
				the Board judges that a member cannot act without partiality, that member of
				the Board may be excused from acting on that case.
2.5. No major action of the Board involving
				such matters as changes in the Rules and Regulations or approval or denial of
				licenses may be taken without the affirmative vote of a majority of the
				Board.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-02 - Organization and Procedures of the Board of Examiners of Psychologists › Section 17-2-3 - Employees Of The Board

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board
				may employ or contract with an Executive Director to perform duties as set
				forth by the Board.
3.2. The Board
				shall employ a Board Administrator who will be an employee of the State, whose
				job description shall include overseeing and running the Board office, making
				sure State procedures are being followed, attendance at all meetings of the
				Board, preparation of formal minutes under the direction of the statutory
				secretary and furnishing such administrative and clerical assistance as may be
				required for the proper functioning of the Board.
3.3. As funds permit the Board may employ
				additional staff as deemed necessary by the Board.
3.4. The Board may, from time to time, on a
				per diem plus expenses basis, employ persons to function as consultants in such
				instances where the Board deems it necessary to obtain advice on substantive
				issues including but not limited to, suspension or revocation of a license for
				reason of incompetence or malpractice.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-02 - Organization and Procedures of the Board of Examiners of Psychologists › Section 17-2-4 - Registers, Rosters, and Annual Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Register as required by §
									30-1-12(a). -- On
				or before January 1 of each year the Board shall prepare a register of all
				applicants for licensure or certification; showing for each: the date of
				application, his or her name, age, educational and other qualifications, place
				of residence, whether an examination was required, whether the applicant was
				rejected or a license was granted, if required, and any suspension or
				revocation thereof.
4.2. Roster as
				required by §
									30-1-13. -- The Board shall
				prepare and maintain a complete roster of the names and office addresses of all
				persons licensed and practicing psychology or school psychology in the state of
				West Virginia; arranged alphabetically by name and also by the city or county
				in which their office is situated, as well as the same information on
				individuals being supervised and their supervisors.
4.3. A charge per copy shall be made to all
				persons requesting a copy of a register or a roster.
4.4. Annual Report as required by §
									30-1-12(b). -- On
				or before the first day of January of each year in which the Legislature meets
				in regular session, the Board shall submit to the governor and to the
				Legislature a report of its transactions for the preceding two years, an
				itemized statement of its receipts and disbursements for that period, a full
				list of the names of all persons licensed or registered by it during that
				period (information would include both licensees and supervised-psychologists),
				statistical reports by county of practice, by specialty if appropriate to the
				particular profession, and a list of any complaints filed against persons
				licensed by the board, including any action taken by the Board regarding those
				complaints. The report shall be certified by the President and the Secretary of
				the Board, and a copy of the report shall be filed with the Secretary of State
				and with the Legislative Librarian.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-02 - Organization and Procedures of the Board of Examiners of Psychologists › Section 17-2-5 - Supervision Requirements for Level One School Psychologists

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 Applicants for
				the Level 1 school psychologist license who have graduated with an Ed.S.
				Degree, completed an internship prior to earning their degree, and completed
				two school calendar years of full-time school board school psychologist
				employment will be required to complete one half of a school calendar year of
				Board approved supervised school psychology practice, plus additional time
				until the NASP and oral examinations are successfully passed. All applicants
				must meet all other school psychology requirements as described within the
				psychology law and legislative rules.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules define the rules of practice for licensed psychologists
				and/or school psychologists including professional ethics, responsibilities,
				and psychological services. These legislative rules also define degree and
				training requirements, the application process, examinations, notifications,
				temporary permits, supervision, Continuing Education (CE), and
				renewals.
1.2. Authority. -- W. Va.
				Code §
									30-21-6.
1.3. Filing Date. -- April 26,
				2018.
1.4. Effective Date. -- July
				1, 2018.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on July 1,
				2028.