§30-28-1. Short Title
This article is known and may be cited as the "West Virginia Occupational Therapy Practice Act."
§30-28-10. Qualifications of Applicants for License
To be eligible for a license to engage in the practice of occupational therapy, the applicant must: (1) Be of good moral character;
§30-28-11. Examination
(a) A person who has met the requirements of subsections (1), (2) and (3), section ten of this article, may make application for examination. (b) Each applicant for licensure shall be examined by written or computerized examination to test his or her knowledge of the basic and clinical sciences relating to occupational therapy, and occupational […]
§30-28-12. Licensees From Other Jurisdictions; Internationally Educated Applicants
(a) The board may issue a license to practice to any applicant who presents proof of current licensure as an occupational therapist or an occupational therapy assistant in another jurisdiction which requires standards for licensure considered by the board or by a board-approved credentialing agency to be equivalent to the requirements for licensure in this […]
§30-28-13. Issuance of a License, Limited Permit and Temporary License
(a) The board shall issue a license to any person who meets the requirements of this article upon payment of the license fee prescribed. (b) The board may issue a limited permit to persons who have completed the education and fieldwork experience requirements of this article. The holder of a limited permit may practice occupational […]
§30-28-14. Renewal of License; Renewal of Lapsed License; Suspension, Revocation and Refusal to Renew; Reinstatement of Revoked License
(a) Licenses may be renewed biennially upon documentation of required continuing education and payment of a renewal fee. (b) A license which has lapsed may be renewed within one year of its expiration date in the manner set by the board. After the expiration of one year, a license may be renewed only by complying […]
§30-28-15. Special Volunteer Occupational Therapist License; Civil Immunity for Voluntary Services Rendered to Indigents
(a) There is established a special volunteer occupational therapist license for occupational therapists who are retired or are retiring from the active practice of occupational therapy and who wish to donate their expertise for the care and treatment of indigent and needy patients in the clinical setting of clinics organized, in whole or in part, […]
§30-28-16. Complaints; Investigations; Due Process Procedure; Grounds for Disciplinary Action
(a) The board may upon its own motion based on credible information, and shall, upon the written complaint of any person, cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules of the board. (b) Upon initiation or receipt of the complaint, the board […]
§30-28-17. Procedures for Hearing; Right of Appeal
(a) Hearings shall be governed by the provisions of section eight, article one of this chapter. (b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing. (c) If the hearing is conducted by an administrative law judge, the administrative law judge shall prepare a proposed written order […]
§30-28-18. Judicial Review
Any licensee or permittee adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
§30-28-19. Criminal Proceedings; Penalties
(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee or permittee has committed a criminal offense under this article, the board may bring the information to the attention of an appropriate law-enforcement official. (b) Effective July 15, 2009, a person violating a […]
§30-28-2. Applicable Law
The practices licensed under the provisions of this article and the West Virginia Board of Occupational Therapy are subject to the provisions of article one of this chapter, the provisions of this article, and any rules promulgated hereunder.
§30-28-20. Single Act Evidence of Practice
In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
§30-28-21. Effective Dates of Certain Provisions
The provisions of this article as amended and reenacted during the regular session of 2009, except for the provisions of sections seven, sixteen and nineteen, are effective as of July 1, 2009.
§30-28-3. Definitions
As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise: (a) "Association" means the West Virginia Occupational Therapy Association. (b) "Board" means the West Virginia Board of Occupational Therapy. (c) "Business entity" means any firm, partnership, association, company, corporation, limited partnership, limited liability company or […]
§30-28-4. Scope of Practice; License and Supervision Requirements
(a) The scope of practice of occupational therapy includes, but is not limited to: (1) Methods or strategies selected to direct the process of interventions such as:
§30-28-5. West Virginia Board of Occupational Therapy
(a) The West Virginia Board of Occupational Therapy is continued with the following five members appointed by the Governor by and with the advice and consent of the Senate: (1) Three licensed occupational therapists;
§30-28-6. Powers and Duties of the Board
(a) The board has all the powers and duties set forth in this article, by legislative rule, in article one of this chapter and elsewhere in law. (b) The board shall: (1) Hold meetings and conduct hearings;
§30-28-7. Rulemaking
(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including: (1) Standards and requirements for licenses and permits;
§30-28-8. Fees; Special Revenue Account; Administrative Fines
(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the state Treasury designated the "West Virginia Board of Occupational Therapy", which is continued. The fund is used by the board for the administration of this article. Except as may be provided […]