Title 13 W. Va. C.S.R.

Occupational Therapy Occupational Therapy

Series 01 Administrative Rules Of The Board Of Occupational Therapy And Licensure Of Occupational Therapists And Occupational Therapy Assistants

W. Va. Code R. § 13-1-1 General

1.1. Scope. -- This rule relates to W. Va. Code §30-28-1 et seq.

1.2. Authority. -- W. Va. Code §30-28-7.

1.3. Filing Date. -- April 15, 2010.

1.4. Effective Date. -- July 1, 2010.

W. Va. Code R. § 13-1-2 Definitions

As used in this rule:

2.1. "Board" or “WVBOT” means the West Virginia Board of Occupational Therapy.

2.2. “Client-related tasks” means the tasks which are related to treatment and which, when performed by an occupational therapy aide, must be performed under direct supervision, including routine transfers, routine care of a patient’s personal needs during the course of treatment, execution of an established routine activity or exercise, and assisting the supervising occupational therapist or occupational therapy assistant as directed during the course of treatment.

2.3. "Direct Supervision" means the actual physical presence of a licensed supervising occupational therapist or occupational therapy assistant, and the specific delineation of tasks and responsibilities for personally reviewing and interpreting the results of any habilitative or rehabilitative procedures conducted by the limited permit holder, occupational therapy student, or aide. Direct supervision includes direct continuous supervision and direct close supervision.

2.4. “Direct Close Supervision” means the licensed supervising occupational therapist or occupational therapy assistant is in the building and has daily direct contact at the site of work.

2.5. “Direct Continuous Supervision” means the licensed supervising occupational therapist or occupational therapy assistant, is physically present and in direct line of sight of the occupational therapy student or aide.

2.6. “General Supervision” means initial direction and periodic inspection of the activities of a licensed occupational therapist assistant by the supervising licensed occupational therapist, but does not necessarily require constant physical presence on the premises while the activities are performed.

2.7. "License" means a valid and current license issued by the Board under the provisions of W. Va. Code §30-28-10.

2.8. "Limited Permit" means a time limited permit issued to a person upon determination by the Board that all requirements for licensure have been met except for the examination.

2.9. “NBCOT” means the National Board for Certification in Occupational Therapy.

2.10. “Non-client-related tasks” means tasks which are not related to treatment, including clerical and maintenance activities, housekeeping, preparation of the work area or equipment, transporting patients, ordering supplies and assisting in the construction of splints and adaptive equipment, and which, when performed by an occupational therapy aide, must be performed under general supervision.

2.11. "Occupational Therapist" means a person licensed to practice occupational therapy and whose license is in good standing.

2.12. "Occupational Therapy Aide" means a person who may provide non-client-related tasks under general supervision, or specifically delegated client-related tasks, subject to the conditions set forth in W. Va. Code §30-28-4(f) under direct supervision of an occupational therapist or an occupational therapy assistant, in accordance with the provisions of W. Va. Code §30-28.

2.13. “Occupational Therapy Assistant” means a person licensed by the Board under the provisions of W. Va. Code §30-28 to assist in the practice of occupational therapy under the general supervision of an occupational therapist.

2.14. “The practice of occupational therapy” means the therapeutic use of everyday life activities or occupations to address the physical, cognitive, psychosocial, sensory, and other aspects of performance of individuals or groups of individuals, including those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation or participation restriction, to promote health, wellness and participation in roles and situations in home, school, workplace, community, and other settings.

W. Va. Code R. § 13-1-3 Powers and Duties of the Board

3.1. The Board shall meet a minimum of 2 times a year with the first meeting to be held during the month of January in order to elect a Chairperson and Secretary/Treasurer.

3.2. In order for the business of the Board to be legally conducted a majority of the members of the Board shall be present to constitute a quorum.

3.3. Board members are entitled to compensation and expense reimbursement in accordance with W. Va. Code §30-1.

3.4. Board appointments are made in accordance with W. Va. Code §30-28-5.

W. Va. Code R. § 13-1-4 Duties of the Chairperson

4.1. The Board shall elect a Chairperson from its membership.

4.2. The Chairperson shall designate the time and place of meetings on his or her own authority or at the direction of at least 3 Board members.

4.3. The Chairperson shall preside at all meetings. If the chairperson cannot attend a meeting, the Secretary/Treasurer shall preside at that meeting.

4.4. The Chairperson shall exercise general supervision of the affairs of the Board and shall have the usual powers of the office and such other powers and duties as the Board directs.

4.5. The Chairperson shall prepare an agenda for each meeting.

W. Va. Code R. § 13-1-5 Duties of the Secretary/Treasurer

5.1. The Board shall elect a Secretary/Treasurer from its membership.

5.2. The Secretary/Treasurer shall assist the Chairperson at his or her request, shall preside over all meetings in the absence of the Chairperson and shall assume the responsibilities of the Chairperson in cases of extended illness or long absences from Board meetings. In the event the Secretary/Treasurer assumes the functions of the Chairperson, another member of the Board shall temporarily assume the responsibilities of the Secretary/Treasurer.

5.3. The Secretary/Treasurer shall prepare and submit upon Board approval an annual report to the Governor in accordance with W. Va. Code §30-28-6.

5.4. The Secretary/Treasurer is responsible for the preparation and submission of the annual budget to the Board.

W. Va. Code R. § 13-1-6 Executive Secretary

The Board may hire a person to fill the position of Executive Secretary.

6.1. The Executive Secretary shall keep the minutes of the proceedings of the Board's meetings and the records of the Board.

6.2. The Executive Secretary shall have custody of all fees received by the Board and is responsible for the transfer of the funds to the State Treasurer.

6.3. The Executive Secretary, with the approval of the Board, or pursuant to ratification by the Board, is authorized to spend moneys for the necessary expenses of the Board.

6.4. The Executive Secretary shall maintain an accurate list of licensees with current names, addresses, and dates of birth.

6.5. The Executive Secretary shall notify the members of the Board in writing 2 weeks prior to a regular meeting regarding the time and place of the meeting.

6.6. The Executive Secretary shall notify members of special or emergency meetings and publish in the West Virginia Register.

W. Va. Code R. § 13-1-7 Application for Licenses and Limited Permits

7.1. The Board shall furnish the necessary forms, a copy of the rules pertaining to the licensing of occupational therapists or occupational therapy assistants and any other information or questionnaires as the Board considers desirable to any person requesting in writing an application for a license or limited permit.

7.2. The applicant shall complete the application forms and provide the information necessary to satisfy the Board that all requirements pertaining to W. Va. Code §30-28-1 et seq. are being met. The Board may reject an applicant who fails to provide all relevant information with regard to completing the application and may return the application to the applicant.

7.3. The applicant shall sign his or her application. An application for a limited permit and licensure as an occupational therapy assistant shall include a Supervisory Statement signed by the applicant's supervising practitioner. In the event the applicant is not employed, the application shall be signed by the applicant and sworn by him or her before a notary public.

7.4. The application shall be accompanied by payment to cover appropriate fees.

7.5. Each applicant for licensure shall be tested by the NBCOT, or another nationally recognized credentialing body as approved by the Board, by a written or computerized examination.

W. Va. Code R. § 13-1-8 Examination Process

The examination process will be in accordance with requirements set forth by the NBCOT, or another nationally recognized credentialing body as approved by the Board.

W. Va. Code R. § 13-1-9 Issuance of Licenses, Limited Permits, and Temporary Licenses

9.1. The Board shall issue a license to an applicant in a timely manner upon receipt of a properly completed application and payment of the appropriate fee if the applicant:

9.1.a. Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the Board as described in W. Va. Code §30-28-10;

9.1.b. Has successfully completed a period of supervised fieldwork experience required by the recognized educational institution where he or she met the academic requirements; and

9.1.c. Has passed an examination approved by the Board as provided in section 8 of this rule.

9.2. The Board shall issue a limited permit to each applicant in a timely manner upon receipt of a properly completed application and payment of the appropriate fee if the applicant:

9.2.a. Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the Board as described in W. Va. Code §30-28-10;

9.2.b. Has successfully completed a period of supervised fieldwork experience required by the recognized educational institution where he or she met the academic requirements.

9.2.b.1. A limited permit is not renewable, and is valid for 90 days from the date of issuance.

9.2.b.2. A limited permit expires immediately if the holder receives notification of a failing score on the examination. The limited permit holder must stop practicing occupational therapy immediately.

9.2.b.3. An occupational therapist who has been issued a limited permit shall practice under the direct close supervision of an occupational therapist.

9.2.b.4. An occupational therapy assistant who has been issued a limited permit shall practice under the direct close supervision of an occupational therapist or occupational therapy assistant with at least 1 year of experience.

9.3. The Board may issue a temporary license to applicants in a timely manner upon receipt of a properly completed application and payment of the appropriate fee if the applicant:

9.3.a. Is licensed and in good standing in a jurisdiction whose standards are determined by the Board or by a board approved credentialing agency to be equivalent to the standards required for licensure in this state;

9.3.a.1. The holder of a temporary license may practice occupational therapy only in accordance with the provisions of W. Va. Code §30-28 et seq.

9.3.a.2. A temporary license is nonrenewable, and is valid for 30 days.

W. Va. Code R. § 13-1-10 Exemptions

10.1. The Board shall waive the examination and grant a license to any person certified prior to July 1, 1978, as an occupational therapist or as a certified occupational therapy assistant by the American Occupational Therapy Association.

10.2. Any occupational therapy student who is in the process of completing a period of supervised fieldwork experience at a recognized educational institution or a training program approved by the educational institution where he or she has met the academic requirements is exempt from licensure.

W. Va. Code R. § 13-1-11 Renewal

11.1. Licenses may be renewed biennially on renewal application forms provided by the Board.

11.2. A license which has lapsed may be renewed within one year of its expiration. Application for late renewal shall be accompanied by the late renewal fee.

11.3. The license renewal sent to the licensee shall be accompanied by 2 wallet-sized cards for occupational therapy identification.

11.4. WVBOT may request that a current photo be submitted with renewal applications.

W. Va. Code R. § 13-1-12 Responsibilities and Supervision Requirements of the Occupational Therapist, Occupational Therapy Assistant, or Limited Permit Holder

12.1. It is the responsibility of each licensee or limited permit holder engaged in the practice of occupational therapy to be familiar with the requirements of the law regulating those activities in West Virginia and with the rules of the Board.

12.2. The occupational therapist is responsible for all aspects of occupational therapy service delivery and is accountable for the safety and effectiveness of the occupational therapy service delivery process. The occupational therapy service delivery process involves evaluation, intervention planning, intervention implementation, intervention review, and outcome evaluation.

12.2.a. The occupational therapist must be directly involved through a face-to-face visit with the patient during the initial evaluation and establishment of the intervention plan, and prior to any change in the plan, such as adding, changing, renewing, or discontinuing occupational therapy goals.

12.3. The occupational therapy assistant is responsible for delivering occupational therapy services under the supervision of and in partnership with the occupational therapist.

12.4. It is the responsibility of the occupational therapist and the occupational therapy assistant to seek the appropriate quality and frequency of supervision to ensure safe and effective occupational therapy service delivery.

12.4.a. The specific frequency, methods, and content of supervision may vary by practice setting and are dependent upon the:

12.4.a.1. Complexity of client needs,

12.4.a.2. Number and diversity of clients,

12.4.a.3. Skills of the occupational therapist and the occupational therapy assistant,

12.4.a.4. Type of practice setting,

12.4.a.5. Requirements of the practice setting, and

12.4.a.6. Other regulatory requirements.

12.4.b. It is the responsibility of the occupational therapist supervising an occupational therapy assistant with less than one year’s experience to provide general supervision with direct contact at least every two weeks at the site of work and supervision available as needed by telephonic, electronic, or written communication. Documentation by the occupational therapist must reflect that this supervision has occurred.

12.4.c. It is the responsibility of the occupational therapist supervising an occupational therapy assistant with increased skill development and mastery of basic role functions for the delivery of occupational therapy services to provide general supervision with monthly direct contact and supervision available as needed by telephonic, electronic, or written communication. Documentation by the occupational therapist must reflect that this supervision has occurred.

12.4.d. General Supervision is demonstrated through co-signatures on all paperwork or electronic notes pertaining to the practice of occupational therapy for the person requiring general supervision. All paperwork or electronic notes pertaining to the practice of occupational therapy must be signed and dated, electronically or otherwise, by the supervising licensed occupational therapist. The supervisor need not be present or on the premises at all times where the licensed occupational therapy assistant is performing the professional services.

12.5. It is the responsibility of the licensed supervisor to provide the appropriate supervision and to ensure that the limited permit holder, occupational therapy student, or aide does not perform duties for which he or she is not trained.

12.5.a. A licensed supervising occupational therapist or occupational therapy assistant must maintain direct close supervision over limited permit holders;

12.5.b. A licensed supervising occupational therapist or occupational therapy assistant must maintain direct continuous supervision over aides.

12.5.c. A licensed supervising occupational therapist must maintain direct continuous supervision over occupational therapy students. As the occupational therapy student demonstrates competency in performance, supervision can progress to direct close supervision at the discretion of the supervising occupational therapist;

12.5.d. A licensed supervising occupational therapist or occupational therapy assistant must maintain direct continuous supervision over occupational therapy assistant students. As the occupational therapy assistant student demonstrates competency in performance, supervision can progress to direct close supervision at the discretion of the supervising occupational therapist/occupational therapy assistant;

12.5.e. Direct supervision is demonstrated through co-signatures on all paperwork or electronic notes pertaining to the practice of occupational therapy for the person requiring direct supervision. All paperwork or electronic notes pertaining to the practice of occupational therapy must be signed and dated, electronically or otherwise, by the supervising licensed occupational therapist.

12.6. Any occupational therapist licensed under the requirements of this rule may use the words "Occupational Therapist Registered," "Licensed Occupational Therapist," or "Occupational Therapist" or he or she may use the letters "O.T.R.," "L.O.T.," "O.T.," "L/OTR," or "OTR/L" in connection with his or her name or place of business.

12.7. Any Occupational therapy assistant licensed under the requirements of this rule may use the words "Certified Occupational Therapy Assistant," "Licensed Occupational Therapy Assistant," or "Occupational Therapy Assistant" or he or she may use the letters "C.O.T.A.," "L.O.T.A.," or "O.T.A.," "L/COTA," or "COTA/L" in connection with his or her name or place of business.

12.8. Any occupational therapist holding a limited permit may use the words "Limited Permit Occupational Therapist" or he or she may use the letters "L.P.O.T.," or "O.T./L.P." in connection with his or her name or place of business.

12.9. Any occupational therapy assistant holding a limited permit may use the words "Limited Permit Occupational Therapy Assistant" or he or she may use the letters "L.P.O.T.A.," or "O.T.A./L.P." in connection with his or her name or place of business.

W. Va. Code R. § 13-1-13 Display of License or Limited Permit

13.1. Each licensee shall prominently display at his or her principal place of employment his or her license or limited permit to practice occupational therapy and have in his or her possession his or her wallet-sized card.

13.2. A licensee shall exhibit the current licensure and/or renewal registration card when requested by the following:

13.2.a. A Board member;

13.2.b. An employee of the West Virginia Department of Health and Human Services;

13.2.c. Any person upon whom the licensee performs occupational therapy; or

13.2.d. An employer in whose employ the licensee practices or intends to practice occupational therapy.

13.3. A photocopy or other facsimile of a license or wallet-sized registration card is not accepted as adequate evidence that a person is licensed to practice occupational therapy. Where, for convenience or security, a photocopy or facsimile is displayed, the original document shall be readily available for review.

W. Va. Code R. § 13-1-14 Duplicate License

14.1. In requesting a name change, the licensee shall provide a copy of the legal document authorizing the change with the required fee before the Board will issue an amended license.

14.2. In requesting a duplicate license due to loss of license, the licensee shall complete a notarized statement substantiating the loss and submit it to the Board with the required fee before the Board will issue a duplicate license.

W. Va. Code R. § 13-1-15 Notice of Change of Address, Change of Name

A licensee or holder of a limited permit shall notify the Board of any change of name or change of mailing address within 30 days of the changed name or address.

13CSR1

13CSR1

Series 02 Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants

W. Va. Code R. § 13-2-1 General

1.1. Scope.

1.1.a. This rule specifies the procedures for the investigation and resolution of complaints against occupational therapists, occupational therapy assistants, limited permit holders and applicants and;

1.1.b. The procedure for the adjudication of contested case hearings before the Board.

1.2. Authority. -- W. Va. Code §30-28-6 et seq.

1.3. Filing Date. -- August 10, 2020.

1.4. Effective Date. -- October 1, 2020.

W. Va. Code R. § 13-2-2 Application

2.1. This rule applies to all licensed occupational therapists, occupational therapy assistants, limited permit holders and applicants.

W. Va. Code R. § 13-2-3 Definitions

The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires:

3.1. “Applicant” means any person making application for an original or renewal license or a limited permit pursuant to W. Va. Code §30-28-13 et seq.

3.2. “Board” means the West Virginia Board of Occupational Therapy.

3.3. “License” means a license or limited permit issued by the Board pursuant to W. Va. Code §30-28-13 et seq. 3.4.

3.4.a. “Occupational Therapist” means a person licensed by the Board under the provisions of W. Va. Code §30-28 to engage in the practice of occupational therapy.

3.4.b. “Occupational Therapy Assistant” means a person licensed by the Board under the provisions of W. Va. Code §30-28 to assist in the practice of occupational therapy under the appropriate supervision of an occupational therapist as defined by §13-1-2.

3.4.c. “Limited Permit Holder” means a person who is issued a time limited permit upon determination by the Board that all requirements for licensure have been met except for the examination.

3.5. “Investigator/Inspector” means a person licensed to practice occupational therapy in this state and/or has advanced training in the field of investigation who is hired by the Board for the purposes of, but not limited to, reviewing and investigating complaints against, but not limited to, occupational therapists, occupational therapy assistants, limited permit holders and applicants.

3.6. “Complainant” means a person or institution lodging a written complaint with the Board.

3.7. “Charged Party” means the applicant, licensee, or limited permit holder who has been charged by the Board as described in Section 7.4 of these rules.

3.8. “Licensee” means an individual who holds a license to practice or assist in the practice of occupational therapy issued by the Board.

W. Va. Code R. § 13-2-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Occupational Therapists, Occupational Therapy Assistants, Limited Permit Holders and Applicants

4.1. After providing adequate notice and an opportunity for a hearing, the Board may deny or refuse to renew, suspend or revoke the license of, or impose probationary conditions upon or take disciplinary action against, any licensee, limited permit holder or applicant for any of the reasons described in W. Va. Code §30-28-16, including being guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to:

4.1.a. Obtaining a license or limited permit by fraud, misrepresentation or concealment of material facts;

4.1.b. Being convicted of a felony or other crime involving moral turpitude that relates to the licensees’ or limited permit holders’ ability to practice occupational therapy or immoral conduct while engaged in the practice of occupational therapy. Conduct rising to the level of immoral would be conduct that would lead, upon trial in any criminal court, state or federal, to the conviction of the accused;

4.1.c. Violating any lawful order or rule or regulation rendered or adopted by the Board;

4.1.d. Engaging in the practice or assisting in the practice of occupational therapy while in an intoxicated condition or under the influence of narcotics or any other drugs which impair consciousness, judgement or behavior;

4.1.e. Willful falsification, destruction or theft of property or records relating to the practice of occupational therapy or the health of the patient;

4.1.f. Failure to exercise due regard for the safety, the life or health of the patient. Actual injury need not be established;

4.1.g. Unauthorized disclosure of information relating to a patient or his or her records;

4.1.h. Discrimination in the practice of occupational therapy against any person for reason of race, religion, creed, color or national origin;

4.1.i. Violating any provision of W. Va. Code §30-28-1 et seq.

4.1.j. Violating any provision of the continuing competency requirements for the renewal of a license as stated under §13-4-3; or

4.1.k. Engaging in unprofessional and/or unethical behavior that results in harm to the general public or any other person covered under these rules.

4.1.l. Practicing beyond the scope of practice of occupational therapy as defined in W. Va. Code §30-28-4;

4.1.m. Performing occupational therapy services for which the occupational therapist or occupational therapy assistant is not adequately trained and competent to perform;

4.1.n. Willingly engaging in or assisting any person in engaging in, or otherwise participating in, abusive or fraudulent billing practices;

4.1.o. Knowingly aid, assist, advise or allow a person without a current and appropriate state permit or license to engage in the practice of occupational therapy; or

4.1.p. Engaging in false, fraudulent, deceptive or misleading communications to any person regarding the individual’s education, training, credentials, experience or qualifications, or the status of the individual’s state permit or license.

W. Va. Code R. § 13-2-5 Disposition of Complaints

5.1. Any person, firm, corporation, member of the Board, or public officer may make a complaint to the Board which charges an occupational therapist, occupational therapy assistant, limited permit holder or applicant with a violation of W. Va. Code §30-28-16 et seq. or of the rules of the Board. The Board may provide a form for that purpose, but a complaint may be filed in any written form. Anonymous complaints will be accepted.

In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following:

5.1.a. The name and address of the applicant, licensee or limited permit holder against whom the complaint is lodged;

5.1.b. The date (s) of the incident (s);

5.1.c. Other persons with knowledge of the incident;

5.1.d. The name of any person who may have treated the patient after the alleged incident, and;

5.1.e. The name of any health care institution in which the patient was an inpatient or outpatient after or during the alleged incident.

5.2. Complainants are immune from liability for the allegations contained in their complaints filed with the Board unless the complaint is filed in bad faith or for a malicious purpose.

5.3. The Board shall assign a number to the complaint and maintain a complaint log which records the receipt of each complaint, its nature, and its disposition. Information shall be logged into individual licensees’ file.

5.4. Upon receipt of a complaint, the Board shall issue one of the following acknowledgments to the complainant:

5.4.a. That the complaint has been received and will be reviewed by the Board.

5.4.b. That the complaint is outside the jurisdiction of the Board; or,

5.4.c. That more information will be required in order to adequately review the individual complaint and listing the required information.

5.5. The Board shall send a copy of the complaint, including any supporting documentation, by certified mail to the licensee, limited permit holder or applicant in question for his or her written comment. The licensee, limited permit holder or applicant shall submit a written response to the Board within thirty (30) days of the date of such correspondence, or waive the right to do so.

5.6. Requests for comment on complaints sent to licensees, limited permit holders or applicants shall be considered properly served when sent to their last known address. It is the responsibility of the licensee, limited permit holder or applicant to keep the Board informed of his or her current address.

5.7. Upon receipt of a licensees’ or applicants’ comments in response to a complaint, the Board shall promptly send a copy of the same, including any supporting documentation, to the complainant.

5.8. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 5.4.b. of this rule, the Board shall cause any reasonable inquiry or investigation it considers necessary to be conducted to determine the truth and the validity of the allegations set forth in the complaint. The review of complaints and any investigation thereof may, at the discretion of the Board, be assigned to a committee of the Board or to an investigator/inspector, by way of written request from the chairperson or his or her designee.

5.9. Upon receipt of a complaint the investigator/inspector or board committee shall review and investigate the same and provide the Board with a report. The investigator/inspector or board committee shall be afforded an opportunity to have an investigative interview with the applicant, licensee, or limited permit holder in question and all other involved parties. A report of the interviews shall be placed in the investigation file. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the care provided, the records reviewed and documentation by the investigator/inspector or board committee of its findings for action.

5.10. To facilitate the disposition of a complaint, the Board, the committee, or the investigator/inspector may request any person to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint. The informal conference may be conducted in executive session during the normal course of a public meeting at the request of the “charged party” or the Board. The Board, the committee, or the investigator/inspector shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. Statements made at a conference may not be introduced at any subsequent hearing on the merits. No prejudice shall attach for failure to attend a conference pursuant to a request.

5.11. Any member of the board or the executive secretary may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations.

5.12. At any point in the course of an investigation or inquiry into a complaint, the Board may determine that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a licensee, limited permit holder or applicant may be sanctioned by the Board: Provided, that in the event the review and investigation of a complaint is assigned to the committee or an investigator/inspector, the committee or investigator/inspector shall make their respective findings and recommendations to the Board prior to the Board dismissing the complaint.

5.13. In the event probable cause is found by the Board upon vote after reviewing the recommendation of the investigator/inspector or board committee, the charged party has the right to a hearing and to be represented by counsel of their own choice and expense. The Board shall be represented by the West Virginia Attorney General’s office.

5.14. Any charged party has the right to enter into a consent agreement with the Board prior to the final decision by the Board. The Board has the right to offer a consent agreement to a charged party prior to a final decision being made.

5.15. The Board may also initiate or consider stipulation or agreement proposals (consent agreement) with regard to the informal disposition of cases and may enter into such stipulations and/or agreements.

W. Va. Code R. § 13-2-6 Emergency Action Matters

6.1. The Board may refuse to renew a license or suspend a license if it determines there is probable cause to believe that an occupational therapist, occupational therapy assistant, or limited permit holder’s conduct, practices, or acts constitute an immediate danger to the public.

W. Va. Code R. § 13-2-7 Hearing Procedure

7.1. Any licensee or limited permit holder who has had their license suspended by the Board pursuant to section 6 of this rule shall be entitled to a hearing on the action suspending such license within sixty (60) days of such suspension.

7.2. Any charged party who desires a hearing must present a written demand for such to the Board within thirty (30) days of receipt of decision by the Board.

7.3. When the chair of the Board or his or her authorized designee is presented with such a demand for a hearing, he or she shall schedule a hearing within sixty (60) days of receipt of such written demand, unless postponed to a later date by mutual written agreement.

7.4. Charges may be instituted against any licensee, limited permit holder or applicant by the Board when probable cause exists for believing that the licensee, limited permit holder or applicant may have engaged in conduct, practices or acts in such condition that his or her license should be suspended, revoked or otherwise disciplined for one or more of the grounds set forth in W. Va. Code §30-28-16 et seq. or the Board's legislative rules. Charges may be based upon information received by way of a written complaint filed with the Board and further information gathered by the Board in the process of investigating such complaint. Charges may also be based upon information received solely through any investigative activities undertaken by the Board.

7.5. Charges instituted against a licensee, limited permit holder or applicant shall be set forth in a Complaint and Notice of Hearing issued in the name of the Board as the agency of the state regulating the practice of occupational therapy. Such Complaint and Notice of Hearing shall designate the Board as the “Complainant", and shall designate the charged party involved in the proceeding as the “Respondent"; shall set out the substance of each offense charged with sufficient particularity to reasonably apprise the respondent of the nature, time and place of the conduct or condition complained of therein; and shall state the date, time and place for the hearing.

7.6. The Board may amend the charges set forth in a Complaint and Notice of Hearing as it deems proper.

7.7. A Complaint and Notice of Hearing shall be served upon the demanding or charged party at least thirty (30) days prior to the date of hearing.

7.8. Hearings shall be conducted as follows:

7.8.a. Any party to a hearing shall have the right to be represented by an attorney-at-law, duly qualified to practice law in the state of West Virginia.

7.8.b. The Board shall be represented by the West Virginia Attorney General's Office.

7.8.c. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded from the hearing. Furthermore, the rules of evidence as applied in civil cases in the circuit courts of this state shall be followed. However, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

7.8.d. The rules of privilege recognized by the law of this state shall be followed.

7.8.e. Objections to evidentiary offers shall be noted in the record. Any party to the hearing may vouch the record as to any excluded testimony or other evidence.

7.8.f. Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate by the Board and, when appropriate, may cross-examine witnesses called by the Board in support of the charges or in defense of its decision to deny licensure or a permit.

7.8.g. The hearing shall be held at such time and place as is designated by the Board, but no hearing shall be conducted unless and until at least thirty (30) days written notice thereof has been served upon the charged party and/or his or her attorney in person; or if he or she cannot be found, by delivering such notice at his or her usual place of abode and giving information of its purport, to his wife or her husband, or to any other person found there who is a member of his or her family and above the age of sixteen (16) years; or if neither his wife or her husband nor any such person can be found there, and he or she cannot be found, by leaving such notice posted at the front door of such place of abode; or if he or she does not reside in this state, such notice may be served by the publication thereof once a week for three successive weeks in a newspaper published in this state; or such notice may by served by registered or certified mail.

7.8.h. The hearing shall be open to the general public.

7.8.i. Members of the Board and its officers, agents and employees shall be competent to testify at the hearing as to material and relevant matters: Provided, that no member of the Board who testifies at such hearing shall thereafter participate in the deliberations or decisions of the Board with respect to the case in which he testified.

7.8.j. The hearing shall be conducted by a quorum of the Board or the Board may elect to have an administrative law judge conduct the hearing.

7.8.k. A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Board's files. Upon request, a copy of the transcript shall be furnished to any party at his or her expense.

7.8.l. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

7.8.m. Where a hearing is held upon the instance of the Board after charges have been brought against a licensee pursuant to subsection 7.4 and 7.5 of this section, the Board shall have the burden of proof and shall present its evidence and/or testimony in support of the charges first.

7.8.n. Following the conclusion of the Board's presentation of evidence in accordance with subsection 7.8.m. of this section the respondent or charged party shall have the right to submit his or her evidence in defense.

7.8.o. Following the conclusion of the charged party's presentation of evidence, the Board shall have the right to offer its evidence in rebuttal.

7.8.p. The Board may call witnesses to testify in support of its decision to deny licensure to deny a permit or in support of the charges instituted against a licensee, limited permit holder or applicant; may present such other evidence to support its position; and, may cross-examine witnesses called by the charged party in support of his or her position.

7.8.q. All parties shall have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation.

7.8.r. Hearings held by the Board as a result of charges instituted against a licensee, limited permit holder or applicant may be continued or adjourned to a later date or different place by the Board or its designee by appropriate notice to all parties.

7.8.s. Motions for a continuance of a hearing may be granted upon a showing of good cause. Motions for continuance must be in writing and received in the office of the Board no later than seven (7) days before the hearing date. In determining whether good cause exists, consideration will be given to the ability of the party requesting the continuance to proceed effectively without a continuance. A motion for a continuance filed less than seven (7) days from the hearing date may be denied unless the reason for the motion could not have been ascertained earlier. All motions for continuance filed prior to the date of hearing shall be ruled on by the Board chairperson or executive secretary of the Board.

7.8.t. All motions related to a case set for hearing before the Board, except motions for continuance, which rules set forth in subsection 7.8.s. of this section must be followed, and those made during the hearing, shall be in writing and shall be received in the office of the Board at least ten (10) days before the hearing. Prehearing motions shall be heard at a prehearing conference or at the hearing prior to the commencement of testimony. The Board member(s) presiding at the hearing shall hear the motions and the response from the non-moving party and shall rule on such motions accordingly.

W. Va. Code R. § 13-2-8 Transcription of Testimony and Evidence

8.1. All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be reported by stenographic notes and characters or by mechanical means.

8.2. All reported materials shall be transcribed. The Board shall have the responsibility to make arrangements for the transcription of the reported testimony and evidence. Recorded testimony of the hearing shall be kept in the permanent record of the Board.

8.3. Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the Board chair or presiding member shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

W. Va. Code R. § 13-2-9 Submission of Proposed Findings of Fact and Conclusions of Law

9.1. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Board.

9.2. If the hearing is conducted by an administrative law judge, the administrative law judge shall prepare a proposed written order at the conclusion of a hearing containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.

9.3. If, after a hearing, the board determines the licensee or permittee has violated any provision of W. Va. Code §30-28-1 or the board’s rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.

W. Va. Code R. § 13-2-10 Depositions

10.1. Evidentiary depositions may be taken and read or otherwise included into evidence as in civil actions in the circuit courts of this state.

W. Va. Code R. § 13-2-11 Subpoenas

11.1. Subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel the production of documents may be issued by any member of the Board or its Executive Secretary. Such subpoenas shall be issued pursuant to W. Va. Code §29A-5-1(b).

11.2. Written requests by a party for the issuance of subpoenas or subpoenas duces tecum as provided in subsection11.1. of this section must be received by the Board no later than ten (10) days before a scheduled hearing. Any party requesting the issuance of subpoenas duces tecum shall see that they are properly served in accordance with W. Va. Code §29A-5-1(b).

W. Va. Code R. § 13-2-12 Orders

12.1. Any final order entered by the Board following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of W. Va. Code §29A-5-3 and 30-1-8(d). Such orders shall be entered within sixty (60) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law.

12.2. The findings of fact and conclusions of law must be approved by a majority of the Board by vote at a Board meeting, before a final order is entered. A copy of the final order approved by a majority of the Board shall be served upon the charged party and/or his or her attorney of record, if any, within ten (10) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 13-2-13 Appeal

13.1. An appeal from any final order entered in accordance with these rules shall comply with the provisions of W. Va. Code §§30-1-9 and 29A-6-1 et seq.

W. Va. Code R. § 13-2-14 Procedures for Judicial Review

14.1. Any person adversely affected by a decision of the Board rendered after a hearing has the right to pursue judicial review as provided by W. Va. Code §29A-5-4.

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13CSR2

Series 03 Fees for Services Rendered by the Board

W. Va. Code R. § 13-3-1 General

1.1. Scope. -- This legislative rule establishes the fees to be charged by the Board for services rendered.

1.2. Authority. -- W. Va. Code §30-28-6.

1.3. Filing Date. -- May 1, 2025.

1.4. Effective Date. -- July 1, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2035.

W. Va. Code R. § 13-3-2 Schedule of Fees for Services Rendered by the West Virginia Board of Occupational Therapy

Fees collected by the Board are not refundable.

2.1. Initial licensure fees:

2.1.a. Licensed Occupational Therapist a fee of $75.00; and

2.1.b. Licensed Occupational Therapy Assistant a fee of $50.00.

2.2. Limited Permit fees (to be applied to permanent license fee):

2.2.a. Occupational Therapist a fee of $45.00; and

2.2.b. Occupational Therapy Assistant a fee of $20.00.

2.3. Biennial license renewal fees:

2.3.a. Licensed occupational therapist a fee of $120.00; and

2.3.b. Licensed occupational therapy assistant a fee of $100.00.

2.4. Late renewal a fee of $100.00.

2.5. Verification of licensure a fee of $30.00.

2.6. Mailing list fees:

2.6.a. Mailing labels a fee of $15.00.

2.7. Insufficient funds penalty a fee as provided for in statute §61-3-39e.

2.8. Duplicate license cards a fee of $25.00.

2.9. Duplicate certificate a fee of $30.00.

2.10. Occupational Therapy Compact Privilege to Practice a fee of $50.00.

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13CSR3

Series 04 Continuing Education and Competence

W. Va. Code R. § 13-4-1 General

1.1. Scope. -- This legislative rule establishes requirements for continuing education and competency for renewal of licensure of occupational therapists and occupational therapy assistants.

1.2. Authority. -- W. Va. Code §30-28-6.

1.3. Filing Date. -- April 7, 2026.

1.4. Effective Date. -- July 1, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2036.

W. Va. Code R. § 13-4-2 Definitions

As used in this rule:

2.1. “Audit” means the selection of licensees for verification of satisfactory completion of continuing education and competency requirements during a specified time period.

2.2. “Board” or “WVBOT” means the West Virginia Board of Occupational Therapy.

2.3. “Contact hour” means 1 hour spent in a continuing education activity that meets the requirements of the Board as outlined in this rule. It excludes refreshment breaks, receptions, other social gatherings, and meals that do not include an acceptable educational activity.

2.4. “Continuing Competence” means a dynamic, multidimensional process in which an occupational therapist or occupational therapy assistant develops and maintains the knowledge, critical reasoning, interpersonal skills, performance skills, and ethical practice necessary to perform their occupational therapy responsibilities.

2.5. “Continuing Education” means structured educational experiences beyond entry-level academic degree work that are intended to provide advanced or enhanced knowledge in a particular area.

W. Va. Code R. § 13-4-3 Continuing Education and Competency Requirements for Renewal of License

3.1. When a licensee applies for the renewal of an active license, that licensee shall certify to the Board his or her involvement in continuing education and competency activities in occupational therapy theory and practice and provide documentation upon the Board’s request.

3.2. This section applies to all occupational therapists and occupational therapy assistants seeking to renew their licensure in West Virginia.

3.3. Unit Requirements.

3.3.1. Each licensee shall complete a minimum of 24 contact hours of continuing education and competency activities, as approved by this rule, during the 2 year period preceding the application for renewal.

3.3.2. A licensee may carry over up to 6 excess contact hours from one consecutive licensure period to another.

3.4. The Board shall exempt from the continuing education and competency requirements in subdivision 3.3.a. of this section, a licensee who qualifies for exceptions set forth in this subdivision.

3.4.1. A licensee who obtains a license for the first time in West Virginia during the first twelve months of any 24 month reporting period shall complete 12 contact hours in approved continuing education and competency activities, as set forth in this rule, before the end of the current reporting period.

3.4.2. A licensee who is serving on active duty with the military for more than 3 months, but less than 12 months of any 24 month reporting period shall complete 12 contact hours of approved continuing education and competency activities, as set forth in this rule, before the end of the current reporting period. A licensee who is serving on active duty with the military for more than 12 months of any 24 month reporting period is exempt from the continuing education and competency requirements for the entire reporting period. A licensee who claims this exception shall retain evidence of active duty with the military and shall present this evidence to the Board upon request.

3.5. Approval of Continuing Education and Competency Programs. It is the responsibility of the licensee to assure that the selected courses meet his or her individual needs to maintain knowledge of theory and practice in accordance with continuing education and competency options as outlined in subsection 3.8. of this rule.

3.6. Documentation of Continuing Education and Competency Activities.

3.6.1. At the time of licensure renewal, a licensee who has completed the continuing education and competency requirement shall sign the licensure renewal application attesting to completion of the required contact hours.

3.6.2. Licensees shall obtain a certificate of completion from providers of continuing education specifying the following information:

3.6.2.a. The dates of completion;

3.6.2.b. The title and location of the course;

3.6.2.c. The name of participant;

3.6.2.d. The name of provider;

3.6.2.e. The number of contact hours; and

3.6.2.f. The signature of the provider.

3.6.3. A licensee shall retain continuing education and competency supporting documents for a period of 2 years after the date of renewal for inspection by the Board.

3.6.4. The Board may take formal disciplinary action if a licensee submits any false statement regarding continuing education and competency.

3.6.5. The Board may suspend or revoke the license of any licensee who fails to substantiate contact hours.

3.7. Audit of licensees. The Board may select any licensee who holds a current license to audit for compliance with continuing education and competency requirements.

3.7.1. The Board shall notify licensees being audited.

3.7.2. To comply with the audit request from the Board, a licensee shall submit legible copies of certificates of completion of continuing education programs, transcripts of courses taken, or other documentation substantiating completion of the continuing education and competency activity with his or her license renewal application.

3.7.3. If a licensee fails to submit the audit information requested by the Board or meet the requirements in subdivision 3.3.a. of this rule, the Board shall not renew a license before the audit is completed.

3.7.4. A licensee who fails to notify the Board of a current mailing address is not absolved from the audit requirements. The Board shall not renew a license before the audit is completed.

3.8. Approved Continuing Education and Competency Activities.

3.8.1. Licensees may obtain continuing education and competency hours by their involvement in various types of programs and activities which are recognized by the Board as contributing to the development of professionals and updating competency in occupational therapy theory and practice.

3.8.2. A licensee may accumulate the total required contact hours per renewal period through participation in the activities listed in this section. The Board suggests that licensees accumulate hours from a broad scope and variety of activities.

3.8.2.a. Continuing Education Courses.

3.8.2.a.1. A licensee may earn 1 hour of continuing education credit per hour of attendance at a workshop, seminar, conference, or in-service training. Courses may be in-person, online, live, or pre-recorded.

3.8.2.b. Academic Coursework.

3.8.2.b.1. A licensee may obtain credit by successfully completing university, college, or vocational technical adult education courses related to the practice of occupational therapy.

3.8.2.b.2. A licensee may earn 3 hours of continuing competency credit per university, college, or vocational technical adult education credit hour earned.

3.8.2.c. Presentations

3.8.2.c.1. A licensee may obtain credit by making presentations of Occupational Therapy Education Programs, Workshops, Seminars, In-service Trainings, Conferences, Guest Lectures, electronic or web-based courses, which relate to the practice of occupational therapy to health or education professionals or students, or both.

3.8.2.c.2. A licensee may earn 2 hours of continuing competency credit for each 1 hour presentation to allow for credit for preparatory work. For example, a 1 hour presentation would qualify for 2 hours of continuing competency credit.

3.8.2.c.3. A licensee may not obtain continuing competency credit for subsequent presentations of the same content.

3.8.2.d. Professional Writing.

3.8.2.d.1. A licensee may earn up to a maximum of 10 hours of continuing competency credit for authorship or editorship or co-authorship or co-editorship of a book relating to occupational therapy.

3.8.2.d.2. A licensee may earn up to a maximum of 5 hours of continuing competency credit for authorship or editorship or review of a chapter in a book or journal article appearing in a professional journal.

3.8.2.d.3. A licensee may earn up to a maximum of 3 hours of continuing competency credit for authorship of an article, book review, or abstract in a periodical or professional newsletter.

3.8.2.e. Research Projects.

3.8.2.e.1. A licensee may earn up to a maximum of 6 hours of continuing competency credit per research project for work as project director, research assistant, principal, or co-investigator of a research project.

3.8.2.f. Independent Learning.

3.8.2.f.1. A licensee may earn continuing competency credit for completion of a combination of other activities and independent learning projects. These projects may include, but are not limited to, a combination of reading, observing other therapists, and related professional activities which enhance knowledge and skill in a specific area.

3.8.2.f.2. Credit is earned by maintaining a report of professional self-study. A licensee may earn .5 contact hours for each of these activities not to exceed 6 contact hours in a renewal period. A licensee shall maintain a detailed log of activity including the type, subject, and source of self-study.

3.8.2.g. Fieldwork Supervision / Capstone Mentoring.

3.8.2.g.1. A licensee may earn continuing competency credit for participation as a clinical instructor for fieldwork level 1 and level 2 students or as a mentor for a capstone student.

3.8.2.g.2. Only one licensee shall be awarded contact hours per student. The licensee who does the majority of actual supervision is eligible for the credit.

3.8.2.g.3. A licensee may earn 2 contact hours per student for clinical instruction of level 1 occupational therapist student and occupational therapy assistant students. A licensee may not earn more than 6 total contact hours in this category.

3.8.2.g.4. A licensee may earn 6 contact hours per student for clinical instruction of level 2 occupational therapist or occupational therapy assistant students. A licensee may not earn more than 12 total contact hours in this category.

3.8.2.g.5. A licensee may earn 6 contact hours per student for mentorship of an occupational therapist capstone student. A licensee may not earn more than 12 total contact hours in this category.

3.9. Recency of Education.

3.9.1. When an applicant has chosen not to practice for any period of time, he or she is still obligated to maintain competency in occupational therapy knowledge, theory, and practice skills.

3.9.2. When an applicant applies for a license, reinstatement of a license, or renewal of a license and meets all requirements for licensure, reinstatement, or renewal, but has not been a practicing clinician within a period of 2 years, the Board shall request verification of the applicant’s effort toward maintaining and updating occupational therapy continuing competency.

3.9.3. If the applicant has completed fewer than 24 hours of continuing competency contact hours within the 2 years preceding the application as required by this section, the Board has the sole discretion to determine the sufficiency of these efforts of the applicant and to decide whether additional continuing competency hours are required before granting the applicant a license.

13CSR4

13CSR4

Series 05 Competency Standards for Advanced Practice by Occupational Therapists and Occupational Therapy Assistants

W. Va. Code R. § 13-5-1 General

1.1. Scope. -- This legislative rule establishes competency standards for advanced practice by occupational therapists and occupational therapy assistants.

1.2. Authority. -- W. Va. Code §30-28-6.

1.3. Filing Date. -- May 1, 2025.

1.4. Effective Date. -- July 1, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2035.

W. Va. Code R. § 13-5-2 Definitions

As used in this rule:

2.1. “ACOTE” means the Accreditation Council for Occupational Therapy Education.

2.2. "Advanced Practice" means treatment techniques or arenas which require education and training obtained subsequent to the qualifying degree program or beyond current ACOTE standards for the qualifying degree program.

2.3. "Board" or “WVBOT” means the West Virginia Board of Occupational Therapy.

2.4. “Deep thermal agent modalities” means therapeutic ultrasound, phonophoresis, and diathermy.

2.5. “Electrotherapeutic agent modalities” means neuromuscular electrical stimulation, transcutaneous electrical nerve stimulation, and iontophoresis.

2.6. "General Supervision" means initial direction and periodic inspection of the activities of a licensed occupational therapist assistant by the supervising licensed occupational therapist, but does not necessarily require constant physical presence on the premises while the activities are performed.

2.7. “Mechanical modalities” means the therapeutic application of various forms of mechanical energy to the body, including traction and intermittent pneumatic compression (does not include spinal traction).

2.8. "Modality" means the employment of or the method of employment of a therapeutic agent.

2.9. "Physical Agent Modality (PAM)" means those modalities that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity, and are used as an adjunct to or in preparation for purposeful activity.

2.10. "Superficial physical agent modality" means hot packs, cold packs, ice, fluidotherapy, paraffin, water, and other commercially available superficial heating and cooling devices.

2.11. "Occupational Therapist" means a person licensed to practice occupational therapy and whose license is in good standing.

2.12. “Occupational Therapy Assistant” means a person licensed by the Board under the provisions of W. Va. Code §30-28 to assist in the practice of occupational therapy under the general supervision of an occupational therapist.

W. Va. Code R. § 13-5-3 Physical Agent Modalities in Occupational Therapy

3.1. Physical agent modalities may be used by occupational therapy practitioners when used as an adjunct to/or in preparation for purposeful activity to enhance occupational performance.

3.2. An occupational therapist may not delegate evaluation, reevaluation, treatment planning, and treatment goals for physical agent modalities to an occupational therapy assistant.

3.3. Occupational therapy assistants and students of occupational therapy shall use modalities and techniques only when the individual has received the theoretical and technical preparation necessary for safe and appropriate integration of the intervention in occupational therapy.

3.4. When an occupational therapist delegates the use of modalities to an occupational therapy assistant or student, both shall:

3.4.1. Comply with appropriate supervision requirements as defined in §13 CSR 1; and

3.4.2. Assure that their use is based on service competency.

W. Va. Code R. § 13-5-4 Competency Requirements for Occupational Therapy Assistants in the use of Physical Agent Modalities

4.1. To promote the safe provision of occupational therapy, this section sets forth the requirements which must be met before an occupational therapy assistant may apply physical agent modalities.

4.2. Occupational therapy assistants may apply superficial thermal and mechanical modalities including, but not limited to, hot packs, cold packs, paraffin, fluidotherapy, and icing, under the general supervision of an occupational therapist, consistent with ACOTE standards for an educational program for occupational therapy assistants.

4.3. Any occupational therapy assistant who wishes to utilize advanced practice occupational therapy techniques involving deep thermal or electrical modalities under the general supervision of an occupational therapist, must maintain documented evidence of possessing the theoretical background and technical skills for safe and competent use.

4.4. The occupational therapy assistant is responsible for proving competency in the use of specific modalities and techniques.

4.5. Competency may be displayed through documented educational programs which include a method of evaluation and testing the knowledge of the occupational therapy assistant, including, but not limited to:

4.5.1. Accredited educational programs;

4.5.2. Specific certification as endorsed by the American Occupational Therapy Association or its successor, or as approved by the WVBOT;

4.5.3. Successful completion of an appropriate continuing education course which includes theory, indications, contra-indications and applications.

4.6. Training shall be completed prior to the use of the specific modality. Documentation of training shall be made available to the Board upon request.

4.6.1. The Board shall conduct random audits of occupational therapy assistants to substantiate competency in physical agent modalities.

W. Va. Code R. § 13-5-5 Competency Requirements for Occupational Therapists and Occupational Therapy Assistants in the use of Advanced Practice treatment techniques

5.1. To promote the safe provision of occupational therapy, this section sets forth the requirements which must be met before an occupational therapist or occupational therapy assistant may utilize treatment techniques and/or modalities which require education and training beyond entry-level skills.

5.2. Any occupational therapist or occupational therapy assistant who wishes to utilize advanced practice occupational therapy techniques and/or modalities must maintain documented evidence of possessing the theoretical background and technical skills for safe and competent use.

5.3. Training shall be completed prior to the use of the specific treatment technique and/or modality. Documentation of training shall be made available to the Board upon request.

5.4. Competency may be displayed through documented educational programs which include a method of evaluation and testing the knowledge of the occupational therapist or occupational therapy assistant, including, but not limited to:

5.4.1. Accredited educational programs;

5.4.2. Specific certification as endorsed by the American Occupational Therapy Association or its successor, or as approved by the WVBOT;

5.4.3. Successful completion of an appropriate continuing education course which includes theory, indications, contra-indications and applications.

5.5. When an occupational therapist delegates the use of treatment techniques and/or modalities to an occupational therapy assistant, both shall:

5.5.1. Comply with appropriate supervision requirements as defined in §13 CSR 1; and

5.5.2. Assure that their use is based on service competency.

5.6. In order for an occupational therapy assistant to provide advanced treatment techniques and/or modalities under the general supervision of an occupational therapist, the supervising occupational therapist must be trained in the advanced treatment technique and/or modality.

13CSR5

13CSR5

Series 06 Ethical Standards Of Practice

W. Va. Code R. § 13-6-1 General

1.1. Scope. -- This legislative rule establishes Ethical Standards of Practice to establish and maintain a high standard of integrity and dignity in the profession and to protect the public against unprofessional conduct on the part of persons licensed by the West Virginia Board of Occupational Therapy as an Occupational Therapist or Occupational Therapy Assistant.

1.2. Authority. -- W. Va. Code §30-28-6.

1.3. Filing Date. -- April 15, 2010.

1.4. Effective Date. -- July 1, 2010.

W. Va. Code R. § 13-6-2 Definitions

As used in this rule:

2.1. "Board" or “WVBOT” means the West Virginia Board of Occupational Therapy.

2.2. "Occupational Therapist" means a person licensed to practice occupational therapy and whose license is in good standing.

2.3. “Occupational Therapy Assistant” means a person licensed to assist in the practice of occupational therapy under the general supervision of the licensed occupational therapist and who license is in good standing.

2.4. “Occupational Therapy Practitioners” means all persons licensed as an Occupational Therapist or Occupational Therapy Assistant in West Virginia.

W. Va. Code R. § 13-6-3 Application

3.1. This rule applies to all persons who hold a license, limited permit, or temporary license issued by the Board.

3.2. A violation of any ethical standard of practice constitutes grounds for disciplinary action.

W. Va. Code R. § 13-6-4 Ethical Standards of Practice

4.1. Occupational therapy practitioners shall demonstrate a concern for the safety and well-being of the recipients of their services. Occupational therapy practitioners shall:

4.1.a. Provide services in a fair and equitable manner and shall comply with state and federal laws pertaining to discrimination;

4.1.b. Make every effort to advocate for recipients to obtain needed services through available means.

4.2. Occupational therapy practitioners shall take reasonable precautions to avoid imposing or inflicting harm upon the client or to his or her property. Occupational therapy practitioners shall:

4.2.a. Maintain therapeutic relationships that do not exploit the recipient of services sexually, physically, emotionally, psychologically, financially, socially, or in any other manner;

4.2.b. Avoid relationships or activities that conflict or interfere with therapeutic professional judgment and objectivity;

4.2.c. Refrain from any undue influences that may compromise provision of service.

4.3. Occupational therapy practitioners shall collaborate with clients, caretakers or other legal guardians in setting goals and priorities throughout the intervention process. Occupational therapy practitioners shall:

4.3.a. Fully inform the client of the nature, risks, and potential outcomes of any interventions;

4.3.b. Obtain informed consent from clients involved in research activities and indicate in the medical record that they have fully informed the client of potential risks and outcomes;

4.3.c. Respect the client’s right to refuse professional services or involvement in research or educational activities;

4.3.d. Maintain patient confidentiality unless otherwise mandated by local, state, or federal regulations.

4.4. Occupational therapy practitioners shall perform occupational therapy services only when they are qualified by education, training, and experience to do so. Occupational therapy practitioners shall:

4.4.a. Hold the appropriate credentials for the services they provide;

4.4.b. Take responsibility for maintaining and documenting competence in practice, education, and research by participating in professional development and educational activities;

4.4.c. Protect service recipients by ensuring that duties assumed by or assigned to other occupational therapy personnel match credentials, qualifications, experience, and scope of practice;

4.4.d. Provide appropriate supervision to individuals for whom they have supervisory responsibility;

4.4.e. Refer to or consult with other service providers whenever such a referral or consultation would be helpful to the care of the recipient of service. The referral or consultation process shall be done in collaboration with the recipient of service.

4.5. Occupational therapy practitioners shall provide accurate information related to professional activities. Occupational therapy practitioners shall:

4.5.a. Represent their credentials, qualifications, education, experience, training, and competence accurately;

4.5.b. Disclose any professional, personal, financial, business, or volunteer affiliations that may pose a conflict of interest to those with whom they may establish a professional, contractual, or other working relationship;

4.5.c. Refrain from using or participating in the use of any form of communication that contains false, fraudulent, or deceptive statements or claims;

4.5.d. Accept responsibility for their professional actions that reduce the public’s trust in occupational therapy services and those that perform those services.

4.6. Occupational Therapy Practitioners shall report to the Board acts constituting grounds for disciplinary action as defined in W. Va. Code §30-28-16, following complaint procedures as outlined in §13-2-5. As noted in subsection 5.1, anonymous complaints are accepted.

13CSR6

13CSR6

Series 07 Request for Waiver of Initial Licensing Fees for Certain Individuals

W. Va. Code R. § 13-7-1 General

1.1. Scope. -- This rule establishes procedures for waiving the initial licensing fee for low income individuals and military personnel and their spouses.

1.2. Authority. -- W. Va. Code §30-1-23, and W. Va. Code §30-28-7.

1.3. Filing Date. -- May 1, 2025.

1.4. Effective Date. -- July 1, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2035.

W. Va. Code R. § 13-7-2 Definitions

2.1. “Board” means the West Virginia Board of Occupational Therapy.

2.2. “LIW” means the Low Income Waiver form used to request a waiver of the initial licensing fee for low income individuals, as authorized in W.Va. Code §30-1-23;

2.3. “Initial license” means an individual applying for an occupational therapist or occupational therapy assistant license in West Virginia sought for the first time;

2.4. "Local labor market" means every county in West Virginia, and any county outside of West Virginia if any portion of that county is within fifty miles of the border of West Virginia, pursuant to W.Va. Code §21-1C-2;

2.5. “Low-income individual” means an individual in the local labor market as defined in §21-1C-2, whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition Assistance Program;

2.6. “Military families” means any person who serves as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U. S. C. §101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried; and

2.7. “MFW” means the Military Family Waiver form used to request a waiver of the initial licensing fee for military service members and their spouses as described in §30-1-23.

W. Va. Code R. § 13-7-3 Request for Waiver of Initial Licensure Fees

3.1. The Board may issue a license to an applicant who meets the requirements of W. Va. Code §30-28-1 et seq. and the rules promulgated by the Board, and the Board shall waive the initial licensure fee if the applicant qualifies as a “low-income individual” or as an individual within the class “military families” as defined in this rule.

3.2. Low-income individuals, as defined in this rule, may seek a waiver of the initial licensure fee for licensure as an occupational therapist or occupational therapy assistant by submitting with their complete application the LIW form, provided by the Board, and all required documents as prescribed by this rule and the Board. The Board shall review the request for waiver and issue a decision within 30 days of receipt of the complete application.

3.3. Military families, as defined in this rule, may seek a waiver of the initial licensure fee for licensure as an occupational therapist or occupational therapy assistant by submitting with their complete application the MFW form, provided by the Board, and all required documents as prescribed by this rule and the Board. The Board shall review the request for waiver and issue a decision within 30 days of receipt of the complete application.

3.4. An applicant denied a waiver of initial licensing fees shall have 30 days to appeal the decision to the board pursuant to the provisions of W. Va. Code §30-28-17.

W. Va. Code R. § 13-7-4 Required Documentation for Waiver of Initial Licensure Fees

4.1. Individuals requesting a waiver of initial licensure fees for low income or military service personnel and their spouses, shall submit with the application for licensure the initial licensure waiver LIW or MFW form and the appropriate documentation as specified in this section.

4.2. To establish low income eligibility for the initial licensing fee waiver, an applicant shall submit to the board evidence that the adjusted gross income of the household of the applicant is below 130% of the federal poverty level by submitting a Federal Tax Return or documentation of eligibility for:

4.2.1. Temporary Assistance for Needy Families Program;

4.2.2. Medicaid; or

4.2.3. Supplemental Nutrition Assistance Program

4.3. To establish military family eligibility for the initial licensing fee waiver, an applicant shall submit to the board proof of qualifying military service and proof of eligibility as a qualifying spouse or surviving spouse, as follows:

4.3.1. A service members DD-214 form;

4.3.2. A service members NGB-22 form;

4.3.3. A service members DD-1300 form; or

4.3.4. A copy of their current military orders; and

4.3.5. A copy of the marriage certificate with the qualifying service member and, where applicable, the death certificate of the service member if the surviving spouse is requesting the military family waiver.

4.4. Honorably discharged applicants shall submit a completed application, and a DD-214 form or an NGB-22 form showing the applicant has been honorably discharged from military service.

Series 08 Consideration of Prior Criminal Convictions in Initial Licensure Determinations

W. Va. Code R. § 13-8-1 General

1.1. Scope. -- This rule establishes procedures for consideration of prior criminal convictions in initial licensure determinations.

1.2. Authority. -- W. Va. Code §30-1-24, and W. Va. Code §30-28-7.

1.3. Filing Date. -- May 1, 2025.

1.4. Effective Date. -- July 1, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2035.

W. Va. Code R. § 13-8-2 Definitions

2.1. “Board” means the West Virginia Board of Occupational Therapy established pursuant to W. Va. Code §30-28-1 et seq.

2.2. “Initial licensure” means obtaining a license in West Virginia for the practice of occupational therapy for the first time.

2.3. “License” or “licensure” means the official authorization by the board to practice occupational therapy.

2.4. "Unreversed", as that term refers to a criminal conviction, means that a conviction has not been set aside, vacated, pardoned, or expunged.

W. Va. Code R. § 13-8-3 Rational nexus to the practice of occupational therapy

3.1. The board may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the practice of occupational therapy. In determining whether a criminal conviction bears a rational nexus to occupational therapy, the board shall consider at a minimum:

3.1.1. The nature and seriousness of the crime for which the individual was convicted;

3.1.2. The passage of time since the commission of the crime;

3.1.3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of an occupational therapist or occupational therapy assistant; and

3.1.4. Any evidence of rehabilitation or treatment undertaken by the individual.

W. Va. Code R. § 13-8-4 Application after denial

4.1. If an applicant has been denied licensure because of a prior criminal conviction, the board shall permit the applicant to apply for initial licensure if:

4.1.1. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;

4.1.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and

4.1.3. The conviction was not for an offense of a violent or sexual nature: Provided, That a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the board on a case by case basis.

W. Va. Code R. § 13-8-5 Petition for licensure eligibility determination

5.1. An individual with a criminal record who has not previously applied for licensure may petition the board at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license.

5.2. The petition shall be submitted on an application form prescribed by the board and shall include sufficient details about the individual’s criminal record to enable the board to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction.

5.3. The applicant may submit, with the petition for licensure eligibility, evidence of rehabilitation, letters of reference, and any other information the applicant deems relevant to show fitness and the ability to practice occupational therapy.

5.4. The board shall provide the determination within 60 days of receiving the petition from the applicant.

Series 09 Telehealth Practice; Requirements; Definitions

W. Va. Code R. § 13-9-1 General

1.1. Scope. -- This rule establishes procedures for the practice of telehealth by an occupational therapist or occupational therapy assistant.

1.2. Authority. -- W. Va. Code §30-1-26, and W. Va. Code §30-28-7.

1.3. Filing Date. -- May 1, 2025.

1.4. Effective Date. -- July 1, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2035.

W. Va. Code R. § 13-9-2 Definitions

2.1. “Board” means the West Virginia Board of Occupational Therapy established pursuant to W. Va. Code §30-28-1 et seq.

2.2. “Occupational Therapist” or “Occupational Therapy Assistant” means a person licensed by the board or holding a compact privilege to practice occupational therapy in West Virginia.

2.3. “Store and forward” means the asynchronous communication of medical data or images from an originating location to an occupational therapist or occupational therapy assistant at another site for the purpose of therapeutic assistance.

2.4. "Telehealth" is the application of evaluative, consultative, preventative, and therapeutic services delivered through telecommunication and information technologies. Occupational therapy services provided by means of a telehealth service delivery model can be synchronous, that is, delivered through interactive technologies in real time, or asynchronous, using store-and-forward technologies. Telehealth is considered the same as teletherapy, telerehabilitation, and telepractice in various settings and for the purpose of this rule.

2.5. “Telehealth technologies” means technologies and devices which enable secure electronic communications and information exchange in the practice of telehealth, and typically involve the application of secure real-time audio/video conferencing or similar secure video services or store and forward digital image technology to provide occupational therapy services by replicating the interaction of a traditional in-person encounter between an occupational therapist or occupational therapy assistant and a patient.

W. Va. Code R. § 13-9-3 Licensure

3.1. The practice of occupational therapy occurs where the client is physically located at the time the telehealth technologies are used. 3.2 An occupational therapist or occupational therapy assistant who practices telehealth must be licensed or hold a compact privilege to practice in West Virginia as provided in this article.

W. Va. Code R. § 13-9-4 Practitioner-patient relationship through telehealth

4.1. A practitioner-patient relationship may not be established through audio-only, written forms of communication, such as e-mail or text-based messaging, or any combination thereof.

4.2. If an existing practitioner-patient relationship is not present prior to the utilization of telehealth technologies, or if services are rendered solely through telehealth technologies, a practitioner-patient relationship may only be established through the use of telehealth technologies which incorporate interactive audio using store and forward technology, real-time videoconferencing or similar secure video services during the initial patient evaluation.

4.3. Once a practitioner-patient relationship has been established, either through an in-person encounter or in accordance with section 4.2 of this rule, the practitioner may utilize any telehealth technology that meets the standard of care and is appropriate for the patient.

W. Va. Code R. § 13-9-5 Telehealth practice

5.1. Prior to providing occupational therapy services via telehealth:

5.1.1. An occupational therapist shall determine whether an in-person evaluation is necessary and make every attempt to ensure that a therapist is available if an on-site visit is required;

5.1.2. An occupational therapist shall determine whether in-person interventions are necessary and make every attempt to ensure an on-site occupational therapist or occupational therapy assistant shall provide the appropriate interventions;

5.1.3. Occupational therapy personnel shall obtain informed consent of the delivery of service via telehealth from the patient/client prior to initiation of occupational therapy services via telehealth and maintain documentation of the consent-to-treat process and content in the patient’s or client’s health records.

5.2. An occupational therapist or occupational therapy assistant providing occupational therapy services via telehealth must:

5.2.1. Exercise the same standard of care when providing occupational therapy services via telehealth as with any other mode of service delivery;

5.2.2. Comply with provisions of W. Va. Code §30-28- et seq., the Occupational Therapy Practice Act and its Legislative Rules;

5.2.3. Secure and maintain the confidentiality of medical information of the patient/client as required by HIPAA and state and federal law. The nature of the service delivery as being performed through telehealth should be thoroughly documented.

5.3. Occupational therapy assistants working under general supervision, as defined in §13 CSR 1, can provide services via telehealth. Telehealth cannot be used when direct supervision, as defined in §13 CSR 1, is required (i.e. Limited Permit holders, students, aides). All supervision requirements, as defined in §13 CSR 1, must be followed.