COMMITTEE SUBSTITUTE
FOR
H. B. 2802
(By Delegates Douglas, Varner, Faircloth,
Azinger and Marshall)
[Originating in the Committee on Government Organization.]
(February 25, 1999)
A BILL 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" shall mean 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 direct supervision of such 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 interpretation of referrals, 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. On or before July one, one
thousand nine hundred seventy-six, the governor shall appoint one
member to serve until the thirtieth day of June one thousand nine
hundred seventy-nine, and one member to serve until June thirty,
one thousand nine hundred eighty, or until their successors have
been appointed and have qualified. As the terms of the three
members of the board in office on the effective date of this
article expire and as the terms of the two members to be
appointed by the governor on or before
July one, one thousand
nine hundred seventy-six, expire, 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 5
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 conduct the examinations
hereinafter provided for and to transact such other 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) Prepare or approve, conduct and grade or Provide for the grading of, an apt and proper written or written and oral
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) Promulgate reasonable rules and regulations 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:
(1) (A) Reasonable rules and regulations 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 subdivision subsection (i), section two of this
article, which reasonable rules and regulations shall require
that there shall 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 direct supervision of
a licensed physical therapist at any one time;
(2) (B) Reasonable rules and regulations establishing
standards to insure that those activities of a physical therapy aide involving assistance in the practice of physical therapy are
performed under the direct supervision of a licensed physical
therapist, which reasonable rules and regulations shall require
that a licensed physical therapist be on the premises at all
times while such activities of the physical therapy aide are
being performed are performed in accordance with the definitional
requirements specified in subsection (h), section two of this
article; all of which reasonable rules and regulations shall be
promulgated in accordance with the provisions of article three,
chapter twenty- nine-a of this code; 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 and regulation 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 and
regulation 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
last known place of business or employment and last known
residence, and the date and certificate number of his license;
prepare annually from such register a list of every such licensed
physical therapist and licensed physical therapy assistant;
furnish such the list free of charge to the superintendent or
administrator of every known hospital, in this state and every
licensed physician or surgeon, dentist, osteopathic physician and
surgeon or chiropodist-podiatrist in this state who requests the
same; and furnish such list to any 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 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 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 such 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 he the applicant is a graduate of
a an accredited school of physical therapy approved by the
American physical therapy association 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 American physical
therapy association 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 American
physical therapy association 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 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 one thousand nine hundred seventy-one, and the
first day of
July, one one thousand nine hundred seventy-nine;
and (iv) successfully passes the examination required for a
license to act as a physical therapy assistant: Provided,
however
, 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, further 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
and regulations 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 and regulation prescribe, and pay to the
board a nonrefundable application fee of sixty dollars in the
case of an application for a license to engage in the practice of
physical therapy and thirty dollars in the case of an application
for a license to act as a physical therapy assistant which shall be established by the board by legislative rule.
§30-20-7. Examination of applicants.
The board shall give 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.
The examination for a license to engage in the practice of
physical therapy shall include a written examination which shall
test the applicant's advanced knowledge of anatomical, biological
and physical sciences, physical therapy procedures and theory and
such other subjects as the board may deem appropriate to test the
applicant's fitness to engage in the practice of physical
therapy. The examination for a license to act as a physical
therapy assistant shall include a written examination which shall
test the applicant's knowledge of anatomical, biological and
physical science, physical therapy procedures and theory:
Provided, That the examination given to applicants for a license
to act as a physical therapy assistant under subsection (c),
section six of this article, shall be prepared and graded by the
board and shall test only the applicant's knowledge of physical
therapy procedures and theory. All examinations Examinations
shall be held offered within this state, at least once each year,
at such time and place as the board shall determine. Except as
provided in subsection (c), section six of this article, there shall be no limit to the number of times that an applicant may
make application for and take the required examination for a
license to engage in the practice of physical therapy or the
required examination to act as a physical therapy assistant:
Provided, however, That for each such application, the applicant
shall pay the appropriate application fee prescribed in
subsection (e), section six of this article.
§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 on or before January one of each year by payment of a fee
of thirty-five dollars in the case of a license to engage in the
practice of physical therapy and twenty dollars in the case of a
license to act as a physical therapy assistant 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 such 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 such the notice, the board shall place
the name of such the person upon the inactive list. While his or
her name remains on this list, such 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 such 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. or, in the case of a license
to act as a physical therapy assistant, at his place of
employment.
(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 shall
be 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 of thirty-five dollars 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) Pending examination, 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. which A temporary permit so issued shall expire
thirty days after the board gives written 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; held next following the
issuance of such temporary permit, but upon such expiration, one
additional temporary permit may be obtained by such applicant,
upon proper application therefor and the payment of a
nonrefundable fee of thirty-five dollars and
(2) To an applicant who is not a resident 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. in the calendar year in which issued and such
permit may not be renewed nor another thereof issued to the same
person in the same calendar year
(b) Upon proper application and the payment of a
nonrefundable fee of twenty dollars 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) Pending examination, To an applicant who meets the requirements of subdivisions (1) and (2), subsection (b), section
six of this article. which A temporary permit so issued shall
expire thirty days after the board gives written 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;
held next following the issuance of such temporary permit, but
upon such expiration, one additional temporary permit may be
obtained by such applicant, upon proper application therefor and
the payment of a nonrefundable fee of ten dollars and,
(2) To an applicant who is not a resident 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. in the calendar year. in which issued and such
permit may not be renewed nor another thereof issued to the same person in the same calendar year
§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 suspend or revoke any license or
temporary permit when it finds the holder thereof has 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 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 and regulation promulgated by the
board hereunder or any order or final decision of the board;
(10) In the case of a physical therapist, practiced physical
therapy other than upon the referral by a licensed physician or
surgeon, dentist, osteopathic physician and surgeon or
chiropodist-podiatrist; or 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 and regulations 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.
(c) The board shall also suspend or revoke any 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 if application were then being made for it.
§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, as the case may be, by
certified mail, return receipt requested. Such The order shall
state the grounds for the action taken. and shall require that
any license or temporary permit suspended or revoked thereby
shall be returned to the board by the holder within twenty days
after receipt of said copy of said order. 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 person adversely affected by any such order
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 such a hearing. A demand for hearing shall operate automatically to stay or
suspend the execution of any order suspending or revoking a
license or temporary permit or denying an application for a
renewal license or denying a temporary permit to act as a
physical therapy assistant. The board may require the person
demanding such hearing applicant or licensee to give reasonable
security for the costs thereof, and, if such person the applicant
or licensee does not substantially prevail at such the hearing,
such costs shall be assessed against him or her and may be
collected by a civil action or other proper remedy.
(c) Upon receipt of a written demand for such request of a
hearing to be conducted in accordance with this section, the
board shall set a time and place therefor not less than ten nor
more than within thirty days thereafter. Any scheduled hearing
may be continued by the board upon its own motion or for good
cause shown by the person demanding the hearing 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 such the hearing, with like effect as if the provisions
of said article were set forth in this subsection.
(e) Any such 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 such 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 such hearing the person who demanded the same
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 such hearing by the attorney general or his
or her
assistants without additional compensation.
(g) After any such 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 such the decision and
accompanying findings and conclusions shall be served by
certified mail, return receipt requested, upon the person
demanding such hearing, 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.