Chapter 30, Chapter 30

(a) The board shall issue a license to any person who meets the requirements of this article upon payment of the license fee prescribed. (b) The board may issue a limited permit to persons who have completed the education and fieldwork experience requirements of this article. The…

(a) Licenses may be renewed biennially upon documentation of required continuing education and payment of a renewal fee. (b) A license which has lapsed may be renewed within one year of its expiration date in the manner set by the board. After the expiration of one year, a licens…

(a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact…

(a) The board may upon its own motion based on credible information, and shall, upon the written complaint of any person, cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules of the board. (b) Upo…

(a) Hearings shall be governed by the provisions of section eight, article one of this chapter. (b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing. (c) If the hearing is conducted by an administrative law judge, the administrati…

Any licensee or permittee adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review i…

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee or permittee has committed a criminal offense under this article, the board may bring the information to the attention of an appropriate law-enforcement offi…

As used in this compact, and except as otherwise provided, the following definitions shall apply: “Active-duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active-duty orders pur…

The practices licensed under the provisions of this article and the West Virginia Board of Occupational Therapy are subject to the provisions of article one of this chapter, the provisions of this article, and any rules promulgated hereunder.

In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.

The provisions of this article as amended and reenacted during the regular session of 2009, except for the provisions of sections seven, sixteen and nineteen, are effective as of July 1, 2009.

(a) To participate in the compact, a member state shall: (1) License occupational therapists and occupational therapy assistants; (2) Participate fully in the commission’s data system, including, but not limited to, using the commission’s unique identifier as defined in the rules…

As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise: "Association" means the West Virginia Occupational Therapy Association. "Board" means the West Virginia Board of Occupational Therapy. "Business ent…

(a) The scope of practice of occupational therapy includes, but is not limited to: (1) Methods or strategies selected to direct the process of interventions such as: (A) Establishment, remediation, or restoration of a skill or ability that has not yet developed or is impaired; (B…

(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall: (1) Hold a license in the home state; (2) Have a valid United States Social Security number or national practitioner identification number; (3) Have no encumbrance on any stat…

(a) The West Virginia Board of Occupational Therapy is authorized to require state and national criminal history record checks for the purpose of issuing compact privileges. The West Virginia Board of Occupational Therapy shall require an applicant, including occupational therapi…

(a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time. (b) If an occupational therapist or occupational therapy assistant changes primary state of res…

(a) The West Virginia Board of Occupational Therapy is continued with the following five members appointed by the Governor by and with the advice and consent of the Senate: (1) Three licensed occupational therapists; (2) One licensed occupational therapy assistant; and (3) One ci…

Active-duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a hom…

(a) The board has all the powers and duties set forth in this article, by legislative rule, in article one of this chapter and elsewhere in law. (b) The board shall: (1) Hold meetings and conduct hearings; (2) Establish requirements for licenses and permits; (3) Establish procedu…

(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including: (1) Standards and requirements for licenses and permits; (2) Designate third…

(a) A home state shall have exclusive power to impose adverse action against an occupational therapist’s or occupational therapist assistant’s license issued by the home state. (b) In addition to the other powers conferred by state law, a remote state shall have the authority, in…

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the state Treasury designated the "West Virginia Board of Occupational Therapy", which is continued. The fund is used by the board for the ad…

(a) The compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission. (1) The commission is an instrumentality of the compact states. (2) Venue is proper and judicial proceedings by or against the commission shall be…

(a) There is established a special volunteer occupational therapist license for occupational therapists retired or retiring from the active practice of occupational therapy who wish to donate their expertise for the care and treatment of indigent and needy patients in the clinica…

This article does not prevent or restrict the practice, services or activities of: (1) Any person licensed under any other law of this state performing services within the authorized scope of practice for which he or she is licensed; (2) Any person pursuing a course of study lead…

(a) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensees in member states. (b) A member state shall submit a uniform data …

For the purposes of this article, unless a different meaning clearly appears in the context: (1) "Approved law-enforcement training academy" means any training facility which is approved and authorized to conduct law-enforcement training as provided in this article; (2) "Chief ex…

(a) The Legislature finds that the use by a law-enforcement officer of race, ethnicity, or national origin in deciding which persons should be subject to traffic stops, stops and frisks, questioning, searches, and seizures is a problematic law-enforcement tactic. The reality or p…

(a) The certification of a law-enforcement officer who is separated from his or her employment with a West Virginia law-enforcement agency, shall immediately become inactive and remain inactive until the subcommittee authorizes reactivation of the officer's certification pursuant…

(a) Every person employed by a West Virginia state, county or municipal agency as a qualified law-enforcement officer within the meaning of 18 U. S. C. §926B, shall receive an appropriate photo identification and certification of training required to carry a concealed firearm und…

Notwithstanding any provision of this code to the contrary, on or after July 1, 2018, any person appointed to serve as the chief executive of a municipal law-enforcement agency shall be a certified, or certifiable as, a law-enforcement officer as provided in §30-29-5 of this code…

(a) Notwithstanding other provisions of law to the contrary, a West Virginia law-enforcement agency may not employ or offer to employ a pre-certified law-enforcement officer until it makes written findings documenting that the person meets the minimum standards contained in this …

(a) Every chief executive, law-enforcement officer, or law-enforcement official in the state who separates from his or her employing agency or ends his or her elected term of office shall be given the opportunity to purchase his or her issued service handgun at cost: Provided, Th…

(a) The Law-Enforcement Professional Standards Subcommittee is continued as a subcommittee of the Governor's Committee on Crime, Delinquency and Correction. The subcommittee has the following responsibilities: (1) Review and administer programs for qualification, training and cer…

(a) The subcommittee shall, by or pursuant to rules proposed for legislative approval in accordance with §29A-3-1 et seq. of this code: (1) Provide funding for the establishment and support of law-enforcement training academies in the state; (2) Establish standards governing the …

(a) A $12 fee shall be added to the usual court costs of all criminal court proceedings involving violation of any criminal law of the state or any county or municipality of the state, excluding violations of municipal parking ordinances, unless the fee is later modified pursuant…

(a) Except as provided in subsections (b) and (e) of this section, a person may not be employed as a law-enforcement officer by any West Virginia law-enforcement agency or by any state institution of higher education or by a hospital or by the Public Service Commission of West Vi…

(a) The Law-Enforcement Professional Standards Subcommittee shall establish within the basic training curriculum, a course for law-enforcement training programs for the training of law-enforcement officers and correction officers in appropriate interactions with individuals with …

Certification of each West Virginia law-enforcement officer shall be reviewed annually following the first certification and until such time as the officer may achieve exempt rank. Certification may be revoked, suspended or not renewed if any law-enforcement officer fails to atte…

The subcommittee and the executive of each West Virginia law-enforcement agency shall ensure employee compliance with this article.

(a) A West Virginia law-enforcement agency shall, and a governing board may, pay compensation to employees, including wages, salaries, benefits, tuition, and expenses, for the employees’ attendance at a law-enforcement training academy. The compensation paid to the employees for …

Special railroad police officers shall be permitted to attend law-enforcement training academies for law-enforcement officers: Provided, That the railroad companies shall pay a tuition fee in an amount sufficient to pay the entire cost of training each employee who attends an aca…

(a) The purpose of this Compact is to facilitate interstate practice of Regulated Social Workers by improving public access to competent Social Work Services. The Compact preserves the regulatory authority of states to protect public health and safety through the current system o…

(a) It is unlawful for any person to practice or offer to practice social work in this state without a license or permit issued under this article, or advertise or use any title or description tending to convey the impression that the person is a social worker, unless the person …

(a) The Compact Member States hereby create and establish a joint government agency whose membership consists of all Member States that have enacted the compact known as the Social Work Licensure Compact Commission. The Commission is an instrumentality of the Compact States actin…

(a) To be eligible for a license to practice as certified social worker, the applicant must: (1) Submit an application to the board; (2) Be at least eighteen years of age; (3) Be of good moral character; (4) Have obtained a master's degree from a school of social work accredited …

A licensed certified social worker may: (1) Perform all duties within the scope of practice of a licensed graduate social worker and licensed social worker; (2) Apply social work theory and methods to the diagnosis, treatment and prevention of psychological dysfunction, disabilit…

(a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated Data System. (b) The Commission shall assign each applicant for a Multistate License a unique identifier, as determined by the rules of the Commission. (c) Notwithstandi…

(a) The Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is i…