H. B. 2188
(By Delegate Thompson)
[Introduced January 13, 1999; referred to the
Committee on Government Organization.]
A BILL to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-eight,
relating to establishing the West Virginia recreation
therapy practice board; general provisions; definitions;
providing for qualifications, appointment and terms of board
members; powers and duties; eligibility for, issuance,
denial and expiration of licenses and temporary permits;
suspension and revocation of licenses or temporary permits;
confidentiality of information; inapplicability of
evidentiary privileges; violations; and penalties.
Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article thirty-eight, to
read as follows:
ARTICLE 38. WEST VIRGINIA RECREATION THERAPY PRACTICE ACT.
§30-38-1. General provisions.
Unless otherwise specifically provided in this article, the
provisions of article one of this chapter relating to all state
boards of examination or registration apply to the West Virginia
recreation therapy practice board created in this article.
§30-38-2. Definitions.
As used in this article:
(a) "Board" means the board of trustees of the West Virginia
recreation therapy practice board.
(b) "License" means a license granted and issued by the
board for the practice of recreation therapy.
(c) "Licensee" means any person holding a license issued
under the provisions of this article.
(d) "Permittee" means any person holding a temporary permit
issued under the provisions of this article.
(e) "Recreation therapy" includes the initiation,
prescription, supervision, direction, evaluation, education, or
performance of, or participation in, any social, play,
recreation, sports, game or avocational activity if the activity
is represented to be a therapeutical treatment that is intended: (i) To compensate for a dysfunction or minimize a debilitation
relating to an individual's independent avocational functioning;
or (ii) to foster the development of emotional, social,
communication, intellectual, physical, developmental or
avocational skills. The activity may include any one or more of
the following:
(1) Designing, planning, implementing and evaluating
individualized recreation therapy programs to improve functional
skills needed for independent avocational involvement;
(2) Analyzing, selecting and programming the use of
community recreation resources to improve functional skills for
integration back into the community;
(3) Teaching leisure skills, attitudes, values, knowledge
and behaviors to develop independent leisure functioning; and
(4) Assessing individuals to determine their need for
recreation therapy services.
(f) "Recreation therapy consultant" means a person who
provides recreation therapy services independently and without
supervision, and who may provide consulting services to others in
regard to recreation therapy.
(g) "Recreation therapist" means a person who provides
recreation therapy services independently and without
supervision, but who may not provide consulting services to
others in regard to recreation therapy.
(h) "Recreation therapy assistant" means a person who
provides recreation therapy services under the direct supervision
of a recreation therapist or a recreation therapy consultant
licensed under this article.
(i) "Supervision" means direct responsibility for and
control over the quality and technical aspects involved in the
provision of recreation therapy services.
§30-38-3. License required; practice limited; display of
license.
(a) No person may engage in, offer to engage in, or hold
himself or herself out to the public as being engaged in, the
practice of recreation therapy in this state, nor may any person
use in connection with any trade, business, profession or
occupation, the words "recreation therapist," "recreation therapy
consultant," "recreation therapy assistant" or words, letters or
abbreviations of similar import which tend to induce a belief
that the person is qualified to provide recreation therapy
services unless he or she first obtains a license or temporary
permit in accordance with the provisions of this article and that
license or permit remains unexpired, unsuspended and unrevoked.
(b) No firm, association or corporation may, except through
a licensee or licensees, render any service or engage in any
activity which if rendered or engaged in by an individual would constitute the practice of recreation therapy.
(c) No person licensed only as a recreation therapist under
this article may provide or offer to provide services as a
recreation therapy consultant.
(d) No person licensed only as a recreation therapy
assistant under this article may provide or offer to provide
recreation therapy services except under the supervision of a
recreation therapist or recreation therapy consultant licensed
under this article.
(e) Every person licensed under the provisions of this
article shall display his or her license in a conspicuous
location at his or her principal place of business.
§30-38-4. Recreation therapy practice board created; members;
appointment; qualifications; terms; vacancies;
officers; compensation.
(a) There is hereby created the West Virginia recreation
therapy practice board, hereinafter called the board. The
governor shall appoint the members of this board, who shall be
residents of this state, by and with the advice and consent of
the Senate. The board shall consist of seven members comprised
as follows:
(1) Five professional members who are licensed under this
article as recreation therapists, recreation therapy consultants or recreation therapy assistants, or who, in the case of the
members first appointed, are eligible for a license under this
article and have been actively engaged in the provision of
recreation therapy services for at least five years immediately
preceding their appointment. These members shall be selected by
the governor from lists to be submitted by the West Virginia
therapeutic recreation association and the West Virginia activity
professionals association. For initial appointments made under
this subdivision, these associations shall submit the names of
seven persons who meet the requirements of this subdivision, but
the governor may choose no more than three names from either
list. For subsequent appointments or to fill vacancies that may
occur, these associations shall submit the names of three persons
who meet the requirements of this subdivision for each
professional member's seat that is open. The initial and
subsequent composition of members appointed under this
subdivision shall include at least one person employed by each of
the following types of facilities located in this state: One
that provides primarily psychiatric services; one that provides
primarily rehabilitation services; one that provides primarily
long-term care services; and one that provides recreation therapy
services and is owned by the state;
(2) One member licensed to practice medicine and surgery or
podiatry under section ten, article three of this chapter, selected by the governor from a list of three names to be
submitted by the West Virginia state medical association; and
(3) One lay member to represent the interests of the public.
(b) Of the members first appointed pursuant to subdivision
(1), subsection (a) of this section, one shall be appointed for
a term of one year, two shall be appointed for terms of two years
and two shall be appointed for terms of three years. The member
first appointed pursuant to subdivision (2), subsection (a) of
this section shall be appointed for a term of two years and the
member first appointed pursuant to subdivision (3) of the same
subsection shall be appointed for a term of one year.
Thereafter, all members shall be appointed for terms of three
years. Each member shall serve until that member's successor is
appointed and qualified, unless the board member is no longer
competently performing the duties of office. Vacancies shall be
filled in the same manner as regular appointments are made but
shall be for the unexpired term only. Members appointed to the
board are eligible for reappointment, not to exceed two
consecutive full terms. The governor may remove members of the
board from office for cause.
(c) The board shall hold its first meeting within thirty
days after the initial members are appointed and shall, at that
meeting, organize itself and elect officers as provided in
section three, article one of this chapter.
(d)Each member of the board is entitled to reimbursement of
travel and other necessary expenses actually incurred while
engaging in board activities.
§30-38-5. Powers and duties of the board; funds of board.
(a) The board shall:
(1) Examine applicants and determine their eligibility for
a license or temporary permit to provide recreation therapy
services as provided in this article;
(2) At least once each year, prepare, conduct and grade
examinations of applicants for each class of license and
determine the satisfactory passing score thereon;
(3) Issue, renew, deny, suspend or revoke licenses and
temporary permits in accordance with the provisions of this
article and, in accordance with the provisions of article one of
this chapter, review, affirm, reverse, vacate or modify its order
with respect to any such denial, suspension or revocation;
(4) Investigate alleged violations of the provisions of this
article, the rules promulgated hereunder and the administrative
orders of the board; take appropriate disciplinary action against
any licensee for the violation; or institute other appropriate
legal action to enforce the provisions of this article, the rules
promulgated hereunder and the administrative orders of the board.
For these purposes, the board may employ investigators who are
expressly authorized to conduct inquiries and inspections which, in the board's judgment, are necessary or appropriate to enforce
this article, including reviewing and auditing pertinent records
maintained at the place of business of any licensee or permittee
hereunder or at any other place under the licensee's or
permittee's dominion and control. Any information thus obtained
by the board or its agents shall be maintained as confidential
and may not be disclosed, except as provided in subsection (a),
section ten of this article or pursuant to court order;
(5) Employ, direct, discharge and define the duties of full
or part-time professional, clerical or other personnel necessary
to effectuate the provisions of this article;
(6) Keep accurate and complete records of its proceedings;
prepare and maintain a register of all persons holding a license
or permit under this article, together with a unique serial
number assigned by the board and the dates of issuance and
expiration; and, after administering a licensure examination,
prepare a list of persons achieving a passing score thereon, all
of which shall be made available to the public upon request and
at a fee not to exceed the actual cost of printing and postage;
(7) Maintain, publish and make available to the public, upon
request and for a fee not to exceed the actual cost of printing
and postage, the requirements for the issuance of each class of
license or permit provided by this article;
(8) Whenever the board considers it appropriate, confer with the attorney general or his or her assistants in connection with
all legal matters and questions; and
(9) Take other action that may be reasonably necessary or
appropriate to effectuate the provisions of this article.
(b) The board shall, in accordance with article three,
chapter twenty-nine-a of this code, propose legislative rules and
promulgate interpretive and procedural rules to implement the
provisions of this article and the powers and duties conferred
upon it. Legislative rules proposed by the board shall include,
but not be limited to, rules:
(1) Establishing minimum academic, experiential and
examination standards, consistent with section six of this
article, to be met by applicants for any class of license or
permit provided by this article;
(2) Establishing application and examination procedures for
initial and renewed licensure and for temporary permits;
(3) Setting reasonable application and examination fees for
each class of license or permit provided by this article;
(4) Establishing reciprocity criteria for determining
whether the licensure, registration or certification requirements
of another jurisdiction are at least equal to those of this state
and providing procedures whereby the board may waive certain
licensure requirements, except fees, for persons who hold a valid
license, registration or certification from the jurisdiction;
(5) Establishing the methods and criteria the board uses in
developing examinations and establishing criteria by which it
will determine whether to accept an examination prepared or
conducted by a private organization as sufficient for testing
knowledge of basic and clinical sciences and professional
techniques relating to recreation therapy practice and theory;
and providing procedures whereby the board may waive its
examination requirements for persons who have satisfactorily
passed the examination;
(6) Adopting a code of ethics or professional conduct
appropriate to each class of license; and
(7) Establishing for each class of license continuing
education requirements to be met as a condition of license
renewal.
(c) In addition to other powers granted in this article or
article one of this chapter, the board may reinstate the license
of any person whose license has been suspended or revoked and
may, in its discretion, impose conditions upon that licensee in
his or her practice for a reasonable period after reinstatement
if those conditions advance the purposes of this article.
(d) All moneys paid to the board shall be accepted by a
person designated by the board, deposited with the treasurer of
state and credited to an account hereby established and
designated as the "recreation therapy practice board fund." The reimbursement of all reasonable and necessary expenses actually
incurred by members of the board and all other costs and expenses
incurred by the board in the administration of this article shall
be paid from this fund, and no part of the state's general
revenue fund may be expended for this purpose.
§30-38-6. Qualifications of applicants for licensure as
recreation therapists, recreation therapy consultants and recreation therapy assistants; exceptions; applications; fees.
(a) To be eligible for any license issued under the
provisions of this article, an applicant must:
(1) Be of good moral character;
(2) Reside in this state at the time of application or
provide documentation satisfactorily evidencing his or her
intention to practice in this state;
(3) Submit a completed application on a form prescribed by
the board, together with academic transcripts or other proof as
may be required by the board showing that the applicant meets the
applicable academic licensure requirements;
(4) Pay to the board as it may establish by rule a
nonrefundable initial application fee, which fee may not exceed
seventy-five dollars;
(5) Except as otherwise provided in this article or by legislative rule promulgated hereunder, successfully complete the
appropriate examination for the class of license sought; and
(6) Not have been convicted of a felony or a crime involving
moral turpitude in any court in this state or any court in any
other state, which conviction remains unreversed.
(b) In addition to meeting the requirements of subsection
(a) of this section, and except as otherwise specifically
provided in this article or the legislative rules promulgated
hereunder, a person seeking licensure as a recreation therapy
assistant shall demonstrate to the board's satisfaction that he
or she has earned one of the following in a course of study
approved by the board:
(1) An associate degree from an institution of higher
education; or
(2) A certificate granted from an institution of higher
education upon successful completion of a sixty-semester-hour
academic program.
(c) In addition to meeting the requirements of subsection
(a) of this section, and except as otherwise specifically
provided in this article or the legislative rules promulgated
hereunder, a person seeking licensure as a recreation therapist
shall demonstrate to the board's satisfaction that he or she has,
at a minimum, earned a bachelor's degree from an institution of
higher education in a course of study approved by the board and successfully completed at least four hundred hours of supervised
clinical field experience and internships.
(d) In addition to meeting the requirements of subsection
(a) of this section, and except as otherwise specifically
provided in this article or the legislative rules promulgated
hereunder, a person seeking licensure as a recreation therapy
consultant shall also meet the licensure requirements for a
recreation therapist contained in subsection (b) of this section,
and demonstrate to the board's satisfaction that he or she has
successfully completed at least four years of full-time paid
professional experience, or its equivalent, in the practice of
recreation therapy, all as approved by the board.
(e) The board may waive the examination requirement provided
in subdivision (5), subsection (a) of this section for any
applicant who successfully completes an examination conducted by
another state or a private organization determined by the board
to be sufficient.
(f) Notwithstanding any other provision of this code to the
contrary, the board shall grant the appropriate license to any
person who, upon proper application and submission of the
appropriate fee, demonstrates to the board's satisfaction that he
or she has actively engaged in the practice area for which a
license is sought for at least three of the five years
immediately preceding the effective date of this article and: (i) Has performed at least six thousand hours in paid
professional experience and has satisfactorily passed the
examination required for the license sought, both as approved by
the board; or (ii) has performed at least four thousand hours in
paid professional experience before the effective date of this
article, has satisfactorily passed the examination required for
the license sought, and has completed, within one year after the
effective date of this article, an additional two thousand hours
of paid professional experience, all as approved by the board.
§30-38-7. Issuance of license; expiration; renewal; renewal
fee; reciprocity.
(a) Whenever the board finds that an applicant has met all
of the applicable requirements for a license issued under this
article, it shall issue a license of the appropriate class to
that applicant; otherwise, the board shall deny the same. A
license issued hereunder expires two years from the date issued
but may be renewed without examination upon application for
renewal on a form prescribed by the board, submission of evidence
satisfactory to the board that he or she has successfully met the
applicable continuing education requirements for the license
sought to be renewed and payment of a license renewal fee, not to
exceed fifty dollars. Any application for renewal not submitted
within thirty days of the license's expiration date shall include an additional late renewal fee in the amount of twenty-five
dollars. The board may deny an application for license renewal
for any reason which would justify the denial of an original
application for licensure.
(b) The board may waive the academic, experiential and
examination requirements for any class of license for any
applicant who presents satisfactory proof of comparable
licensure, certification or registration in another state which
the board has approved for reciprocity.
§30-38-8. Temporary permits.
Upon proper application and payment of a fee not to exceed
seventy-five dollars, the board may issue a temporary permit to
practice as a recreation therapist in this state:
Provided, That
the applicant demonstrates to the board's satisfaction that he or
she meets the requirements of subsection (a), section six of this
article, except for subdivisions (4) and (5), is awaiting
notification of scores on a licensure examination administered by
the board or another state or private organization approved by
the board, and that he or she provides the name and address of
the licensed recreation therapist or recreation therapy
consultant under whose supervision the applicant will work while
awaiting notification of examination scores. A temporary permit
issued under this section expires six months after its issuance or thirty days after the board or another state or private
organization mails notification of the permittee's examination
score to him or her at his or her last known address, whichever
first occurs. A temporary permit issued under this section may
not be transferred or renewed. The board may not issue more than
one temporary permit to any one person, nor may it issue a
temporary permit to any person who has failed a recreation
therapist examination.
§30-38-9. Suspension or revocation of license or temporary
permit.
(a) The board may at any time upon its own motion and shall
upon the verified written complaint of any person conduct an
investigation to determine whether there are grounds for
suspension or revocation of a license or a temporary permit
issued under the provisions of this article.
(b) In addition to the grounds for denial, suspension or
revocation of a license set forth in section eight, article one
of this chapter, the board shall suspend or revoke a license or
temporary permit when it finds that the holder thereof has:
(1) Been convicted of or pleaded no contest to any offense
involving moral turpitude in any court in this state or any court
in any other state, which conviction remains unreversed;
(2) Obtained a license or temporary permit pursuant to this article by means of fraud or deceit;
(3) Failed or refused to comply with the provisions of this
article or any legislative rule promulgated hereunder or any
order or final decision of the board;
(4) Used alcohol or a controlled substance to the extent
that his or her ability to competently provide recreation therapy
services was impaired;
(5) Performed acts or provided services outside the scope of
the activities authorized by his or her license or permit,
including engaging in practices for which he or she is untrained
or incompetent, as determined by the board; or
(6) Employed, directed or supervised a person in the
performance of recreation therapy services unless the person
holds a license or a temporary permit pursuant to this article.
(c) The board shall also suspend or revoke a license or
temporary permit if it finds the existence of any grounds which
would justify the denial of an application for a license or
temporary permit under this article.
§30-38-10. Orders of the board as public information;
evidentiary privilege does not apply.
(a) Orders of the board relating to any disciplinary action
against a recreation therapist, recreation therapy consultant or
recreation therapy assistant are public information.
(b) No evidentiary privilege applies in any investigation or
proceeding by the board with respect to relevant medical or other
records or testimony:
Provided, That the disclosure of any
information pursuant to this subsection may not be considered a
waiver of any privilege in any other proceeding.
§30-38-11. Violations; criminal penalties.
Any person who violates any provision of this article is
guilty of a misdemeanor and, upon conviction thereof, shall for
a first offense be fined not more than one hundred dollars,
confined in a county or regional jail facility for not more than
ninety days, or both fined and imprisoned. For a second or
subsequent offense, he or she shall be fined for not more than
five hundred dollars, confined in the county or regional jail for
not more than ninety days, or both fined and imprisoned.
NOTE: The purpose of this bill is to establish the West
Virginia recreation therapy practice board to regulate the
practice of recreation therapy.
This article is new; therefore, strike-throughs and
underscoring have been omitted.