WEST virginia legislature

2025 regular session

ENROLLED

Committee Substitute

for

House Bill 2172

By Delegate Worrell

[Passed April 4, 2025; in effect 90 days from passage (July 3, 2025)]

AN ACT to amend and reenact §30-20-4 of the Code of West Virginia, 1931, as amended, relating to the Board of Physical Therapy; adding an athletic trainer to the board; and establishing a process to break a tie vote.  

Be it enacted by the Legislature of West Virginia:

ARTICLE 20. PHYSICAL THERAPISTS.

§30-20-4. West Virginia Board of Physical Therapy.

(a) The West Virginia Board of Physical Therapy is continued.

(b) The board shall consist of the following members:

(1) Five physical therapists;

(2) One physical therapist assistant;

(3) One person who is a certified athletic trainer; and

(4) One citizen member, who is not licensed under the provisions of this article and who does not perform any services related to the practice of the professions regulated under the provisions of this article or have a financial interest in any health care profession, for a term of three years.

(c) After the initial appointment term, the term shall be for five years. Appointments to the board shall be made by the Governor by and with the advice and consent of the Senate.

(d) A licensed member of the board, at the time of his or her appointment, shall have held a license in this state for a period of not less than five years immediately preceding the appointment.

(e) A member of the board shall be a resident of this state during the appointment term.

(f) A member may not serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified.

(g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.

(h) The Governor may remove a member from the board for neglect of duty, incompetency or official misconduct.

(i) A licensed member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked.

(j) A member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.

(k) The board shall elect annually one of its members as chairperson who serves at the will of the board.

(l) In the event of a tie vote on any matter properly brought before the board, the chairperson shall cast one additional vote to break the tie.  If the chairperson is recused or absent, the longest-serving board member who is present and not recused shall cast one additional vote.

(m) A member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.

(n) A majority of the members of the board constitutes a quorum.

(o) The board shall hold at least two annual meetings. Other meetings may be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.

(p) Prior to commencing his or her duties as a member of the board, a member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.

The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates

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Clerk of the Senate

Originated in the House of Delegates.

In effect 90 days from passage.

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Speaker of the House of Delegates

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President of the Senate

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The within is ................................................ this the...........................................

Day of ..........................................................................................................., 2025.

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Governor