ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2802
(By Delegates Douglas, Varner, Faircloth,
Azinger and Marshall)
[Passed March 12, 1999; in effect ninety days from passage.]
AN ACT to amend and reenact sections two, four, five, six, seven,
eight, nine, ten and eleven, article twenty, chapter thirty
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to further amend said article by
adding thereto a new section, designated section fifteen,
all relating to the practice of physical therapy; revising
definitions; requiring rules; removing requirement of direct
supervision of physical therapy assistants; removing
language on physician referral; allowing board to contract
for administration of examinations; removing requirement of
providing free list of licensees; clarifying that fines be
paid into the general revenue fund; revising educational and
licensure requirements; empowering the board to set fees by
rule; providing for biennial licensure renewal; requiring
meetings; powers of board with respect to suspension,
revocation or nonrenewal of license; limitations on
temporary permits; and providing for a termination date.
Be it enacted by the Legislature of West Virginia:
That sections two, four, five, six, seven, eight, nine, ten
and eleven, article twenty, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that said article be further amended
by adding thereto a new section, designated section fifteen, all
to read as follows:
ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-2. Definitions.
Unless the context in which used clearly requires a
different meaning, as used in this article:
(a) "Applicant" means any person making application for an
original or renewal license or a temporary permit under the
provisions of this article.
(b) "Board" means the West Virginia board of physical
therapy.
(c) "Licensed physical therapist" means any physical
therapist holding a license or temporary permit issued under the
provisions of this article or under the former provisions of this
article.
(d) "Licensed physical therapy assistant" means any physical
therapy assistant holding a license or temporary permit issued
under the provisions of this article.
(e) "Licensee" means any person holding a license or
temporary permit issued under the provisions of this article or under the former provisions of this article.
(f) "Physical therapy" means the therapeutic treatment of
any person by the use of massage, mechanical stimulation, heat,
cold, light, air, water, electricity, sound and exercise,
including mobilization of the joints and training in functional
activities, for the purpose of correcting or alleviating any
physical or mental condition or preventing the development of any
physical or mental disability, and the performance of neuro- muscular-skeletal tests and measurements as an aid in diagnosis,
evaluation or determination of the existence of and the extent of
any body malfunction: Provided, That electromyography
examination and electrodiagnostic studies other than the
determination of chronaxia and strength duration curves shall not
be performed except under the supervision of a physician
electromyographer and electrodiagnostician. Physical therapy does
not include the use of radiology and radium for diagnostic and
therapeutic purposes, or the use of electricity for surgical
purposes, including cauterization.
(g) "Physical therapist" means a person who engages in the
practice of physical therapy.
(h) "Physical therapy aide" means a person, other than a
physical therapy assistant, who assists a licensed physical
therapist in the practice of physical therapy under the direct
supervision of such licensed physical therapist and who also
performs activities supportive of but not involving assistance in the practice of physical therapy.
(1) As contained in this section, the term "direct
supervision" means the actual physical presence of the physical
therapist in the immediate treatment area where the treatment is
being rendered.
(i) "Physical therapy assistant" means a person who assists
in the practice of physical therapy by performing patient-related
activities delegated to him or her by a licensed physical
therapist and performed under the supervision of a licensed
physical therapist, with the scope of such supervision to be
defined by the board by legislative rule, and which patient- related activities are commensurate with his or her
education and
training, including physical therapy procedures, but not the
performance of evaluation procedures or determination and
modification of patient programs: Provided, That the board shall,
on or before the first day of July, one thousand nine hundred
ninety-nine, propose rules for legislative approval in accordance
with article three, chapter twenty-nine-a of this code, which
rules shall govern the scope of supervision of physical therapy
assistants.
(j) "Practice of physical therapy" means the rendering or
offering to render for a fee, salary or other compensation,
monetary or otherwise, any service involving physical therapy.
However, for the purpose of section three of this article, the
term "practice of physical therapy" shall not include:
(1) Teaching physical therapy as part of employment at an
institution of higher learning;
(2) The activities of a student of physical therapy,
physical therapy extern or physical therapy intern, which
activities are a part of and are engaged in pursuant to a course
of study at an institution of higher learning, including, but not
limited to, activities conducted at the institution of higher
learning and activities conducted outside the institution if
under the direct supervision of a licensed physical therapist;
(3) The activities of a physical therapy aide if all
activities of such physical therapy aide involving assistance in
the practice of physical therapy are performed under the direct
supervision of a licensed physical therapist; or
(4) The administration of simple massages and the operation
of health clubs so long as not intended to constitute or
represent the practice of physical therapy.
§30-20-4. West Virginia board of physical therapy continued;
members, terms, meetings, officers, oath,
compensation and expenses; general provisions.
(a) The West Virginia state board of examiners and
registration of physical therapists heretofore created shall
continue in existence but on and after the effective date of this
article shall be known and designated as "the West Virginia board
of physical therapy", and shall consist of five members appointed
by the governor by and with the advice and consent of the Senate. The three members of the board in office on the effective date of
this article shall, unless sooner removed, continue to serve
until their terms expire and until their successors have been
appointed and have qualified.
Members shall be appointed for
overlapping terms of five years, so that one term expires each
year, or until their successors have been appointed and have
qualified. Any vacancy shall be filled by appointment by the
governor for the unexpired term of the member whose office shall
be vacant and any such appointment shall be made within sixty
days of the occurrence of such vacancy. The governor may remove
any member of the board in case of incompetency, neglect of duty,
gross immorality or malfeasance in office.
(b) Each member of the board must be licensed under the
provisions of this article or under the former provisions of this
article, have at least three years' experience as a physical
therapist and be actively engaged in the practice of physical
therapy. Members may be reappointed for any number of terms.
Before entering upon the performance of this duty, each member
shall take and subscribe to the oath prescribed by section five,
article IV of the constitution of this state.
(c) The board shall elect from its membership a chairman and
secretary who shall serve at the will and pleasure of the board.
A majority of the members of the board shall constitute a quorum
and meetings shall be held at the call of the chairman or upon
the written request of three members at such time and place as designated in such call or request, and, in any event, the board
shall meet at least once annually to transact business as may
come before it. Members may be paid such reasonable compensation
as the board may from time to time determine, and in addition may
be reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their duties, which compensation
and expenses shall be paid in accordance with the provisions of
subsection (b), section five of this article.
§30-20-5. Powers and duties of board; funds of board.
(a) The board shall:
(1) Examine applicants and determine their eligibility for
a license or temporary permit to engage in the practice of
physical therapy or to act as a physical therapy assistant, as
the case may be;
(2) Provide for the administration of an examination of
applicants for a license to engage in the practice of physical
therapy and a separate examination of applicants for a license to
act as a physical therapy assistant;
(3) Determine the time and place for any such examinations
and the passing score for each such separate examination;
(4) Propose rules for legislative approval in accordance
with article three, chapter twenty-nine-a of this code
implementing the provisions of this article and the powers and
duties conferred upon the board hereby, including, but not
limited to:
(A) Reasonable rules establishing standards to insure that
the activities of a licensed physical therapy assistant are
performed in accordance with the definitional requirements of a
physical therapy assistant as specified in subsection (i),
section two of this article, which reasonable rules shall require
that there be no more than two physical therapy assistants
licensed to practice in this state for every physical therapist
so licensed and shall require that no more than two physical
therapy assistants be performing under the supervision of a
licensed physical therapist at any one time; (B) Reasonable rules establishing standards to insure that those
activities of a physical therapy aide are performed in accordance
with the definitional requirements specified in subsection (h),
section two of this article; and
(C) Rules establishing reasonable licensing and examination
fees as provided in this article and in accordance with section
six, article one, chapter thirty of this code;
(5) Issue, renew, deny, suspend or revoke licenses and
temporary permits to engage in the practice of physical therapy
or licenses and temporary permits to act as physical therapy
assistants in accordance with the provisions of this article and,
in accordance with the administrative procedures hereinafter
provided, may renew, affirm, reverse, vacate or modify its order
with respect to any such denial, suspension or revocation;
(6) Investigate alleged violations of any provision of this
article, any reasonable rule promulgated hereunder and any order or final decision of the board and take appropriate disciplinary
action against any licensee for the violation thereof or
institute appropriate legal action for the enforcement of any
provision of this article, any reasonable rule promulgated
hereunder and any order or final decision of the board or take
such disciplinary action and institute such legal action;
(7) Purchase or rent necessary office space, equipment and
supplies and employ, direct, discharge and define the duties of
an executive secretary and other full-time or part-time
professional, clerical or other personnel necessary to effectuate
the provisions of this article;
(8) Maintain a register listing the name of every licensed
physical therapist and licensed physical therapy assistant, his
or her last known place of business or employment and last known
residence, and the date and certificate number of his or her
license; prepare annually from such register a list of every such
licensed physical therapist and licensed physical therapy
assistant; furnish the list to any hospital, physician or other
interested person who makes application therefor and who pays to
the board the reasonable cost of the copy of such list;
(9) Keep accurate and complete records of its proceedings,
certify the same as may be appropriate and submit to the governor
a report on the transactions of the board including an accounting
of all money received and disbursed;
(10) Whenever it deems it appropriate, confer with the attorney general or his or her assistants in connection with all
legal matters and questions, whose responsibility it shall be to
render all legal assistance required; and
(11) Take such other action as may be reasonably necessary
and appropriate to effectuate the provisions of this article.
(b) All moneys paid to the board shall be accepted by a
person designated by the board and deposited by him or her with
the treasurer of the state and credited to an account to be known
as the "West Virginia Board of Physical Therapy": Provided, That
all moneys collected as fines shall be paid into the general
revenue fund. The compensation of and the reimbursement of all
reasonable and necessary expenses actually incurred by the
members of the board and all other costs and expenses incurred by
the board in the administration of this article shall be paid
from the board's fund, and no part of the state's general revenue
fund shall be expended for such purpose.
§30-20-6. Qualifications of applicants for license; application
fee.
(a) To be eligible for a license to engage in the practice
of physical therapy, the applicant must:
(1) Be at least eighteen years of age;
(2) Be of good moral character;
(3) Not be addicted to the intemperate use of alcohol or
narcotic drugs or other controlled substances;
(4) Not have been convicted of a felony in any state or federal court in this or any other state within ten years
preceding the date of application for license, which conviction
remains unreversed; and not have been convicted of a felony in
any state or federal court in this or any other state at any time
if the offense for which he or she was convicted related to the
practice of physical therapy, which conviction remains
unreversed;
(5) Present evidence that the applicant is a graduate of an
accredited school of physical therapy approved by the commission
on accreditation in physical therapy education and the board:
Provided, That any person who received his or her education in
physical therapy outside of the United States may qualify for a
license by fulfilling the requirements specified by the
commission on accreditation in physical therapy education and the
board; including successful completion of a period of supervised
clinical experience and,
(6) Either have passed the examination prescribed by the
board for a license to engage in the practice of physical
therapy, or be entitled to be licensed without examination as
provided in subsection (d) of this section.
(b) To be eligible for a license to act as a physical
therapy assistant, the applicant must:
(1) Satisfy the requirements of subdivisions (1) through
(4), subsection (a) of this section;
(2) Present evidence that he or she is a graduate of a two-year college level education program for physical therapy
assistants which meets the standards established by the
commission on accreditation in physical therapy education and the
board; and
(3) Either have passed the examination prescribed by the
board for a license to act as a physical therapy assistant, or be
entitled to be licensed without examination as provided in
subsection (d) of this section.
(c) Although an applicant does not meet the educational
requirement specified in subdivision (2), subsection (b) of this
section, the board may, nevertheless, issue a license to act as
a physical therapy assistant to such applicant if such applicant:
(i) Presents evidence that he or she has a high school diploma or
its equivalent; (ii) meets the requirements of subdivision (1),
subsection (b) of this section; (iii) presents sufficient and
satisfactory written evidence to the board on or before the first
day of
July, one thousand nine hundred seventy-nine, that such
applicant has been employed as a physical therapy aide under the
supervision of a licensed physical therapist in this state on a
full-time basis for a continuous period of at least two years, or
for cumulative periods of time either full-time or part-time
which equal two years full-time employment, between the first day
of
January, one thousand nine hundred seventy-one, and the first
day of
July, one thousand nine hundred seventy-nine; and (iv)
successfully passes the examination required for a license to act as a physical therapy assistant: Provided,
That such applicant
shall be afforded only two opportunities to pass such
examination.
(d) The board may issue a license to practice physical
therapy or a license to act as a physical therapy assistant,
without examination, to any applicant who holds a valid license
or is registered to engage in the practice of physical therapy or
to act as a physical therapy assistant, as the case may be,
issued to him or her under the laws of another state or territory
or possession of the United States: Provided, That the
applicant's qualifications are in the opinion of the board equal
to or greater than the requirements of this article and the rules
promulgated by the board.
(e) Any applicant for a license under the provisions of
subsection (a), (b), (c) or (d) of this section shall submit an
application therefor at such time, in such manner, on such forms
and containing such information as the board shall from time to
time by reasonable rule prescribe, and pay to the board a
nonrefundable application fee which shall be established by the
board by legislative rule.
§30-20-7. Examination of applicants.
The board shall offer the prescribed examination to
applicants for a license to engage in the practice of physical
therapy and the prescribed examination to applicants for a
license to act as a physical therapy assistant, who meet the appropriate other requirements of section six of this article.
Examinations shall be offered within this state, at least once
each year, at such time and place as the board shall determine.
§30-20-8. Issuance of license; renewal of license; renewal
fee; display of license.
(a) Whenever the board finds that an applicant meets all of
the requirements of this article for a license to engage in the
practice of physical therapy or to act as a physical therapy
assistant, as the case may be, it shall forthwith issue to him or
her such license; and otherwise the board shall deny the same.
(b) Every licensee shall renew his or her license every two
years at such time and upon such forms as prescribed by the
board, and upon the payment of a license fee established by the
board by legislative rule. Any license which is not so renewed
shall automatically lapse. A license which has lapsed may be
renewed within five years of its expiration date by payment to
the board of the appropriate renewal fee for each year or part
thereof during which the license was not renewed. After the
expiration of a five-year period, a license may be renewed only
by complying with the provisions herein relating to the issuance
of an original license.
(c) A licensee desiring to cease engaging in the practice of
physical therapy temporarily or to cease acting temporarily as a
physical therapy assistant shall send a written notice to the board. Upon receipt of the notice, the board shall place the
name of the person upon the inactive list. While his or her name
remains on this list, the person shall not be subject to the
payment of any fee and shall not engage in the practice of
physical therapy or act as a physical therapy assistant, as the
case may be, in this state. When the person again desires to
engage in the practice of physical therapy or to act as a
physical therapy assistant, application for renewal of the
license and the payment of a renewal fee for the then current
year shall be made to the board.
(d) The board may deny any application for renewal of a
license for any reason which would justify the denial of an
original application for a license.
(e) The board shall prescribe the form of licenses and each
license shall be conspicuously displayed by the licensee at his
or her principal place of practice.
(f) Any license issued under the former provisions of this
article, which license remains unsuspended and unrevoked, shall
be valid and considered for all purposes as having been issued
under the provisions of this article and may be renewed,
suspended or revoked as licenses issued under the provisions of
this article, and any license issued under the former provisions
of this article which has lapsed or shall hereafter lapse is
subject to the provisions of subsection (b) of this section
pertaining to the lapse of a license issued under the provisions of this article and the renewal thereof.
§30-20-9. Temporary permits.
(a) Upon proper application and the payment of a
nonrefundable fee which shall be established by the board by
legislative rule, the board may issue, without examination, a
temporary permit to engage in the practice of physical therapy in
this state:
(1) To any applicant who meets the requirements of
subdivisions (1) through (5), subsection (a), section six of this
article and who has applied to take the examination. A temporary
permit so issued shall expire thirty days after the permittee
receives notice of the results of the examination, if the
permittee receives a passing score on the examination. The
temporary permit shall expire immediately if the permittee
receives a failing score on the examination. An applicant under
this subsection may be issued only one temporary permit, and upon
the expiration of that permit, may not practice as a physical
therapist until fully licensed under the provisions of this
article. In no event may a permittee practice on a temporary
permit beyond a period of ninety consecutive days. A temporary
permittee under this subsection shall work under the supervision
of a licensed physical therapist, with the scope of such
supervision to be defined by the board by legislative rule; and
(2) To an applicant who is licensed outside of this state
and who meets the requirements of subdivisions (1) through (5), subsection (a), section six of this article, which temporary
permit shall be valid only for a period of ninety consecutive
days.
(b) Upon proper application and the payment of a
nonrefundable fee which shall be established by the board by
legislative rule, the board may issue, without examination, a
temporary permit to act as a physical therapy assistant in this
state:
(1) To an applicant who meets the requirements of
subdivisions (1) and (2), subsection (b), section six of this
article. A temporary permit so issued shall expire thirty days
after the permittee receives notice of the results of the
examination, if the permittee receives a passing score on the
examination. The temporary permit shall expire immediately if the
permittee receives a failing score on the examination. An
applicant under this subsection may be issued only one temporary
permit, and upon the expiration of that permit, may not practice
as a physical therapy assistant until fully licensed under the
provisions of this article. In no event may a permittee practice
on a temporary permit beyond a period of ninety consecutive days.
A temporary permittee under this subsection shall work under the
supervision of a licensed physical therapist, with the scope of
such supervision to be defined by the board by legislative rule;
and,
(2) To an applicant who is licensed outside of this state and who meets the requirements of subdivisions (1) and (2),
subsection (b), section six of this article, which temporary
permit shall be valid only for a period of ninety consecutive
days.
§30-20-10. Suspension or revocation of license or temporary
permit.
(a) The board may at any time upon its own motion, and shall
upon the written complaint of any person, conduct an
investigation to determine whether there are any grounds for the
suspension or revocation of a license or temporary permit issued
under the provisions of this article.
(b) The board shall have the authority to reprimand, enter
into consent decrees, enter into probation orders, levy fines not
to exceed one thousand dollars per day per violation, assess
administration fees, suspend or revoke the license or temporary
permit of any licensee who the board determines has:
(1) Used narcotic drugs, other controlled substances or
alcohol to the extent that it affects his or her professional
competency; or
(2) Been convicted of violating any state or federal law
relating to controlled substances, which conviction remains
unreversed;
(3) Been, in the judgment of the board, guilty of immoral or
unprofessional conduct;
(4) Been convicted of a felony or a crime involving moral turpitude;
(5) Been declared mentally incompetent by a court of
competent jurisdiction;
(6) Obtained or attempted to obtain a license issued under
the provisions of this article by fraud or willful
misrepresentation;
(7) Been grossly negligent in the practice of physical
therapy or in acting as a physical therapy assistant, as the case
may be;
(8) Treated or undertaken to treat a human being otherwise
than by physical therapy and as authorized by this article;
(9) Failed or refused to comply with the provisions of this
article or any reasonable rule promulgated by the board hereunder
or any order or final decision of the board;
(10) In the case of a physical therapist, employed a
physical therapy assistant who is not a licensed physical therapy
assistant; or employed or utilized a licensed physical therapy
assistant or physical therapy aide without complying with the
provisions of this article or the rules of the board; or
(11) In the case of a physical therapy assistant, practiced
physical therapy other than in accordance with the definitional
requirements of a physical therapy assistant as specified in
subdivision (i), section two of this article.
§30-20-11. Procedures for hearing.
(a) Whenever the board shall deny an application for any original or renewal license or any application for a temporary
permit or shall suspend or revoke any license or temporary permit
it shall make and enter an order to that effect and serve a copy
thereof on the applicant or licensee, by certified mail, return
receipt requested. The order shall state the grounds for the
action taken. Before the board may take any disciplinary action
against a licensee, the licensee shall be provided with a written
statement of the charges against him or her and notice of the
right of the licensee to demand a hearing.
(b) Any applicant or licensee shall be entitled to a hearing
thereon (as to all issues not excluded from the definition of a
"contested case" as set forth in article one, chapter twenty- nine-a of this code) if, within twenty days after receipt of a
copy thereof, he or she files with the board a written demand for
a hearing. The board may require the applicant or licensee to
give reasonable security for the costs thereof, and, if the
applicant or licensee does not substantially prevail at the
hearing, costs shall be assessed against him or her and may be
collected by a civil action or other proper remedy.
(c) Upon request of a hearing to be conducted in accordance
with this section, the board shall set a time and place within
thirty days thereafter. Any scheduled hearing may be continued
by the board upon its own motion or for good cause shown by the
applicant or licensee.
(d) All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern the hearing
and the administrative procedures in connection with and
following the hearing, with like effect as if the provisions of
said article were set forth in this subsection.
(e) Any hearing shall be conducted by a quorum of the board
or by a hearing examiner designated by the board. For the
purpose of conducting any hearing any member of the board or its
designee shall have the power and authority to issue subpoenas
and subpoenas duces tecum which shall be issued and served within
the time and for the fees and shall be enforced, as specified in
section one, article five of chapter twenty-nine-a, and all of
the said section one provisions dealing with subpoenas and
subpoenas duces tecum shall apply to subpoenas and subpoenas
duces tecum issued for the purpose of a hearing hereunder.
(f) At any hearing the applicant or licensee may represent
himself or herself
or be represented by an attorney at law
admitted to practice before any circuit court of this state. Upon
request by the board, it shall be represented at any hearing by
the attorney general or his or her
assistants.
(g) After any hearing and consideration of all of the
testimony, evidence and record in the case, the board shall
render its decision in writing. The written decision of the
board shall be accompanied by findings of fact and conclusions of
law as specified in section three, article five, chapter twenty- nine-a of this code, and a copy of the decision and accompanying findings and conclusions shall be served by certified mail,
return receipt requested, upon the applicant or licensee and his
or her attorney of record, if any.
(h) The decision of the board shall be final unless
reversed, vacated or modified upon judicial review thereof in
accordance with the provisions of section twelve of this article.
§30-20-15. Termination date.
The West Virginia board of physical therapy shall terminate
on the first day of July, two thousand one, pursuant to the
provisions of article ten, chapter four of this code.
Email
Webmaster | © 2024 West Virginia Legislature **
