Title 16 W. Va. C.S.R.

Physical Therapy Physical Therapy

Series 01 General Provisions for Physical Therapist and Physical Therapist Assistant

W. Va. Code R. § 16-1-1 General

1.1. Scope. -- This legislative rule describes and defines requirements for licensure as well as nature of practice for physical therapists, physical therapist assistants and support personnel.

1.2. Authority. -- W. Va. Code §30-20-1, et. seq.

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

1.4. Effective Date. -- April 7, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2031.

W. Va. Code R. § 16-1-2 Definitions

The following words and phrases as used in these rules shall have the following meanings, unless the context otherwise requires:

2.1. Applicant means any person making application for an original or renewal license or a temporary permit under the provisions of the W. Va. Code §30-20-1, et. seq.

2.2. Board means the West Virginia Board of Physical Therapy.

2.3. Business entity means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity providing physical therapy services.

2.4. Consultation means a physical therapist seeking assistance from, or rendering professional or expert opinion or advice to, another physical therapist or professional healthcare provider via electronic communications, telehealth, or in-person.

2.5. Direct supervision means the actual physical presence of the physical therapist in the immediate treatment area where the treatment is being rendered.

2.6. Dry Needling is a skilled technique performed by a physical therapist using filiform needles to penetrate the skin and/or underlying tissues to affect changes in body structure and functions for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disability.

2.7. General supervision means the process by which a physical therapist oversees and directs safe and effective delivery of patient/client care through appropriate verbal, written, or electronic communication. This may be accomplished with the physical therapist located onsite or remotely as deemed appropriate based on the patient/client needs.

2.8. Immediate treatment area is defined as the area within the physical therapist's direct line of sight or within audible distance of the physical therapist and the ability of the physical therapist to immediately respond to calls for assistance from the patient or physical therapy aide.

2.9. License means a physical therapist license or license to act as a physical therapist assistant issued under the provisions of W. Va. Code §30-20-1, et. seq.

2.10. Licensee means a person holding a license under the provisions of the W. Va. Code §30-20-1, et. seq.

2.11. On-site supervision means the supervising physical therapist is continuously on-site and present in the building where services are provided, is immediately available to the person being supervised, and maintains continued involvement in appropriate aspects of each treatment session.

2.12. Originating site means the location of the person receiving care, whether or not accompanied by a physical therapist or physical therapist assistant, at the time services are provided through telehealth, including but not limited to, an out-patient facility, hospital, critical access hospital, rural health clinic, federally qualified health center, a patients home, and other nonmedical environments such as school-based health centers, university based health centers, or the work location of the patient.

2.13. Patient/client means any individual receiving physical therapy from a licensee under W. Va. Code §30-20-1, et. seq.

2.14. Permit or temporary permit means a temporary permit issued under the provisions of the W. Va. Code §30-20-1, et. seq.

2.15. Permittee means any person holding a temporary permit issued pursuant to the provisions of the W. Va. Code §30-20-1, et. seq.

2.16. Physical therapist means a person engaging in the practice of physical therapy who holds a license or permit issued under the provisions of W. Va. Code §30-20-1, et. seq., and this rule.

2.17. Physical therapist assistant means a person holding a license or permit issued under the provisions of W. Va. Code §30-20-1, et. seq., and this rule who assists in the practice of physical therapy by performing patient related activities delegated to him or her by a physical therapist and performs under the supervision of a physical therapist and which patient related activities commensurate with his or her education and training, including physical therapy procedures, but not the performance of evaluative procedures or determination and modification of the patient plan of care.

2.18. Physical therapist assistant-patient/client relationship means the formal or inferred relationship entered into by the mutual consent between a licensed physical therapist assistant and a patient/client or their legally authorized representative established once the physical therapist assistant assumes or undertakes the care or treatment of a patient/client and continues until either the patient/client is discharged or treatment is formally transferred to another practitioner or as further defined by rule.

2.19. Physical therapist-patient/client relationship means the formal or inferred relationship entered into by mutual consent between a licensed physical therapist and a patient/client or their legally authorized representative established once the physical therapist assumes or undertakes the care or treatment of a patient/client and continues until either the patient/client is discharged, or treatment is formally transferred to another healthcare practitioner or as further defined by rule.

2.20. Physical therapy aide means a person trained under the direction of a physical therapist who performs designated and routine tasks related to physical therapy services under the direction supervision of a physical therapist.

2.20.1. A physical therapy aide works under the direct supervision of a physical therapist. A physical therapist assistant may directly supervise a physical therapy aide in emergency situations or when necessary to patient or provider safety. Refer to W. Va. Code R. §16-1-10.5.

2.21. Practice of physical therapy or physiotherapy means the care and services as described in the W. Va. Code §30-20-1, et. seq.

2.22. Restricted license for a physical therapist means a license on which the board has placed any restrictions and/or conditions as to scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of individual to whom the licensee may provide services.

2.23. Restricted license for a physical therapist assistant means a license on which the board has placed any restrictions and/or conditions as to scope of work, place of work, duration of licensed status, or type or condition of patient/client to whom the licensee may provide services.

2.24. Student means an individual thats enrolled in an accredited physical therapy or physical therapist assistant program.

2.25. Telecommunication means audio, video, or data communication.

2.26. Telehealth services means the use of synchronous or asynchronous telecommunications technology or audio only telephone calls by a physical therapist or physical therapist assistant within the scope of W. Va. Code R. §16-1-9 to provide physical therapy services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health related education; public health services; and health administration. The term does not include internet questionnaires, email messages, or facsimile transmissions.

2.27. 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. § 16-1-3 Applications

3.1. The applicant must complete the application form provided by the Board and supply the following:

3.1.1. Personal information;

3.1.2. Educational information;

3.1.3. History of previous work experience, if applicable;

3.1.4. License verification(s) from other jurisdictions that regulate the practice of physical therapy in their jurisdictions.

3.1.5. Written responses to questions regarding criminal offenses;

3.1.6. Written responses to questions regarding child support obligations;

3.1.7. Name and address of prospective employer in West Virginia if known;

3.1.8. Photo identification; and

3.1.9. Applicable fee(s).

3.2. The West Virginia Board of Physical Therapy is in compliance with the Universal Licensure Requirements as outlined in W. Va. Code §30-1-27.

W. Va. Code R. § 16-1-4 Scores

4.1. The applicant must take the National Physical Therapy Exam (NPTE) and obtain a passing score as determined by the Board.

W. Va. Code R. § 16-1-5 Issuance, Renewal or Reinstatement of License

5.1. The Board reserves the right to evaluate the applicant according to the testing, licensure, and procedural requirements as initiated by the agency responsible for the ownership and development of the National exam.

5.2. Licenses expiring on December 31 of each particular year must be renewed by payment of applicable fee along with completed renewal application.

5.3. A license not renewed without specific request to place it in inactive status will automatically be placed on delinquent status.

5.4. Delinquent licensee is responsible for penalty fees including but not limited to: application fee, delinquent license fee, and the current year renewal fee. A licensee must also complete and show proof of board approved continuing education requirements.

5.5. To reinstate an inactive license, the licensee must submit an application for renewal along with a non-refundable application fee and license renewal fee. A licensee must also complete and show proof of board approved continuing education requirements.

5.6. A volunteer license will be marked as a volunteer license and is restricted to practicing in accordance with W. Va. Code §30-20-13.

5.7. Any change in personal contact and employer/supervisor information must be submitted in writing to the Board as changes occur.

W. Va. Code R. § 16-1-6 Criminal History Record Check

6.1. In addition to all of the requirements for licensure, all applicants for an initial license to practice as a physical therapist or physical therapist assistant in West Virginia shall submit to a state and a national history record check and authorize this information to be released to the Board.

6.2. The purpose of the criminal history record check is to assist the Board in obtaining information that may relate to the applicants fitness for licensure.

6.3. In addition to the State Police, the Board may contract with and designate a company specializing in the services required by this section instead of requiring the applicant to apply directly to the West Virginia State Police or similar out-of-state agency for the criminal history records checks. Provided that any such company must utilize protocols consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact.

6.4. The applicant shall furnish to the State Police, or other organization duly designated by the Board, a full set of fingerprints and any additional information required to complete the criminal history record check.

6.5. The applicant is responsible for any fees required by the State Police, or other organization duly designated by the Board, for the actual cost of the fingerprinting and the actual costs of conducting a complete criminal history record check.

6.6. The Board may require the applicant to obtain a criminal history records check from a similar board approved agency or organization in the state of the applicants residence, if outside of West Virginia.

6.7. The applicant shall authorize the release of all records, not sealed, obtained by the criminal history record check to the Board.

6.8. A criminal history record check submitted in support of an application for licensure must have been requested by the applicant no earlier than twelve (12) months immediately prior to the Boards receipt of the applicants application for licensure.

6.9. An initial licensure application is not complete until the Board receives the results of a state and a national criminal history record check conducted by the State Police or another entity duly authorized by the Board. The Board shall not grant an application for licensure submitted by any applicant who fails or refuses to submit the criminal history record check required by this section.

6.10. Criminal history record checks shall be verified by a source acceptable to the Board, other than the applicant.

6.11. The results of the state and national criminal history record check may not be released to or by a private entity except:

6.11.1. To the individual who is the subject of the criminal history record check;

6.11.2. With the written authorization of the individual who is the subject of the criminal history record check; or

6.11.3. Pursuant to a court order.

6.12. Criminal history record checks and related records are not public records for the purposes of W. Va. Code 29B-1-1 eq. seq.

6.13. The Board may not disqualify an applicant from initial licensure pursuant to W. Va. Code §30-1-24.

6.14. If an applicant is disqualified for licensure because of a criminal conviction that remains unreversed, the Board shall afford the applicant the opportunity to reapply for licensure after the expiration of five years from the date of the conviction or date of release from the penalty that was imposed, whichever is later, if the individual has not been convicted of any other crime during that period of time: Provided, The convictions for violent or sexual offences or offenses shall subject an individual to a longer period of disqualification, to be determined by the Board.

6.15. An individual with a criminal record who has not previously applied for licensure, certification, or registration may petition the Board at any time for a determination of whether the individuals criminal record will disqualify the individual from obtaining a license or other authorization to practice. This petition shall include sufficient details about the individuals 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. The Board shall inform the individual of his or her standing within 60 days of receiving the petition from the applicant. The Board may charge a fee established by rule to recoup its costs for each petition.

W. Va. Code R. § 16-1-7 Physical Therapy Student

7.1. Supervision of the student physical therapist:

7.1.1. A student physical therapist may only be supervised by a physical therapist licensed pursuant to W. Code 30-20-1 et. seq.

7.1.2. A student physical therapist shall be at least eighteen years old to be supervised by a physical therapist licensed pursuant to W. Code 30-20-1 et. seq.

7.1.3. The supervising physical therapist is required to be on-site and available to immediately respond to the needs of the patient whenever the student physical therapist is performing patient examinations, evaluation, and interventions.

7.2. Supervision of the student physical therapist assistant.

7.2.1. A student physical therapist assistant may only be supervised by a physical therapist or physical therapist assistant licensed pursuant to W. Code 30-20-1 et. seq.

7.2.2. A student physical therapist assistant shall be at least eighteen years old to be supervised by a physical therapist or physical therapist assistant licensed pursuant to W. Va. Code 30-20-1 et. seq.

7.2.3. The supervising physical therapist or supervising physical therapist assistant is required to be on-site and available to immediately respond to the needs of the patient whenever the student physical therapist assistant is performing patient interventions.

W. Va. Code R. § 16-1-8 Temporary Permit for Physical Therapists and Physical Therapist Assistants

8.1. An individual possessing a temporary permit issued by the Board to practice physical therapy or act as a physical therapist assistant in the state of West Virginia shall practice under the on-site supervision of a physical therapist. All progress notes written by the physical therapist or physical therapist assistant with a temporary permit shall be cosigned by a physical therapist supervisor within 24 hours.

8.2. A temporary permit may be issued only to individuals who have met the eligibility criteria set forth in W. Va. Code §30-20-8, §30-20-10, and §30-20-12, and who have submitted proper application and identification as determined by the Board:

8.2.1. Pending examinations, to any physical therapist or physical therapist assistant applicant who is a new graduate of a program approved by the Commission on Accreditation in Physical Therapy Education (CAPTE).

8.2.2. To a person who possesses an unencumbered license in another state or territory or possession of the United States and who is a graduate of a program approved by CAPTE.

8.3. The temporary permit is valid only for a period of 90 consecutive days and the permit shall not be renewed.

W. Va. Code R. § 16-1-9 Scope of Practice for Physical Therapists

9.1. A physical therapist may perform the following:

9.1.1. Examine, evaluate and test patients/clients with mechanical, physiological and developmental impairments, functional limitations, and disabilities or other health and movement related conditions in order to determine a diagnosis, prognosis and plan of treatment intervention, and to assess the ongoing effects of intervention: provided, that electromyography examination and electro diagnostic studies other than the determination of chronaxia and strength duration curves shall not be performed except under the supervision of a physician electromyographer and electro diagnostician;

9.1.2. Alleviate impairments, functional limitations and disabilities by designing, implementing and modifying treatment intervention that may include, but are not limited to: therapeutic exercise, functional training in self-care in relation to motor control function; mobility; and in home, community or work integration or re-integration; manual therapy techniques including but not limited to mobilization of the joints and dry needling; therapeutic massage; fabrication of assistive, adaptive, orthotic, prosthetic, protective and supportive devices and equipment; airway clearance techniques; integumentary protection and repair techniques; patient-related instruction, mechanical and electrotherapeutic modalities, and physical agent or modalities including, but not limited to, heat, cold, light, air, water, and sound;

9.1.3. Reduce the risk of injury, impairment, functional limitation and disability, including the promotion and maintenance of fitness, health and wellness in population of all ages; and,

9.1.4. Engage in administration, consultation, and research.

9.2. A licensee shall adhere to the standards of ethical practice by practicing in a manner that is moral and honorable.

9.3. A licensee shall not cheat or assist others in conspiring to cheat on the National Physical Therapy Exam.

9.4. A licensee shall not falsify, alter, or destroy patient/client records, medical records, or billing records without authorization. The licensee shall maintain accurate patient and/or billing records.

9.5. A licensee shall not practice physical therapy while the ability to practice is impaired by alcohol, controlled substances, narcotic drugs, physical disability, mental disability, or emotional disability.

9.6. A licensee shall adhere to the minimal standard of acceptable prevailing practice. Failure to adhere to the minimal standards of practice, whether or not actual injury to a patient occurred, includes, but is not limited to:

9.6.1. Failing to assess and evaluate a patients status;

9.6.2. Performing or attempting to perform techniques, procedures, or both in which the licensee is untrained by education or experience;

9.6.3. Delegating physical therapy functions or responsibilities to an individual lacking the ability or knowledge to perform the functions or responsibility in question;

9.6.4. Causing, or permitting another person to cause, physical or emotional injury to the patient, or depriving the patient of the individuals dignity;

9.6.5. Providing treatment interventions that are not warranted by the patients condition or continuing treatment beyond the point of reasonable benefit to the patient with the intent to defraud;

9.6.6. Practicing in a pattern of negligent conduct, which means a continued course of negligent conduct or of negligent conduct in performing the duties of the profession;

9.6.7. Providing substandard care as a physical therapist assistant by exceeding the authority to perform components of physical therapy interventions selected by the supervising physical therapist or through a deliberate or negligent act or failure to act, whether or not actual injury to any person occurred;

9.6.8. Abandoning the patient by inappropriately terminating the patient practitioner relationship by the licensee;

9.6.9. Documenting or billing for services not actually provided; or documenting or billing services with the intent to defraud;

9.6.10. A licensee shall not maliciously cause harm to another licensee.

9.7. A physical therapist may refer a patient to an appropriate health care practitioner if the physical therapist has reasonable cause to believe that symptoms or conditions are present that require services beyond the scope of the practice of physical therapy.

9.8. A licensee must report to the Board any discipline received in another jurisdiction within 30 days of that discipline. The Board reserves the right to discipline up to and including revocation of a license until disciplinary process in the other jurisdiction is completed. If the licensee fails to report discipline in another jurisdiction, they are subject to disciplinary procedures in our jurisdiction determined by the Board.

W. Va. Code R. § 16-1-10 Supervision of a Physical Therapist Assistant

10.1. In all practice settings, the following are required:

10.1.1. An initial visit shall be made by a physical therapist for evaluation of the patient and establishment of a plan of care.

10.1.2. The physical therapist shall make the final visit to terminate the plan of care unless the patient or physician terminates the plan of care.

10.1.3. No more than 4 physical therapist assistants, physical therapist assistants holding a temporary permit, or physical therapy aides, or any combination thereof, can be supervised by a physical therapist at any one time.

10.1.4. The only exception to the level of supervision or supervisory ratio is subsection 10.5 of this section.

10.2. In all practice settings general supervision is required .

10.2.1. A physical therapist must be accessible by telecommunications to the physical therapist assistant at all times that the physical therapist assistant is treating patients; and available to make a joint onsite visit or telehealth session with the physical therapist assistant within 24 hours as prudent practice indicates.

10.2.2. The physical therapist must visit the patient at least once every 10 physical therapist assistant visits, or within 30 calendar days, whichever occurs first.

10.2.3. In the event that the supervising physical therapist changes, the new supervising physical therapist must communicate the patients diagnosis and plan of care with the previous supervising physical therapist before the next physical therapist assistant visit, or telehealth session is made.

10.3. When the physical therapist and the physical therapist assistant are not within the same physical setting, the performance of the delegated functions by the physical therapist assistant must be consistent with safe and legal physical therapy practice as set forth in W. Va. Code §30-20-1, et. seq., accompanying legislative rules and regulations, and established policies of the Board. Said performance shall be predicated on the following factors:

10.3.1. Complexity and activity of the patients needs;

10.3.2. Proximity and accessibility to the physical therapist;

10.3.3. Supervision available in the event of emergencies or critical events; and

10.3.4. Type of setting in which the service is rendered.

10.4. The physical therapist assistant may not perform the following physical therapy activities:

10.4.1. Interpretation of referrals;

10.4.2. Physical therapy initial evaluation and re-evaluation;

10.4.3. Identification, determination, or modification of plans of care (including goals and treatment programs);

10.4.4. Final discharge assessment/evaluation or establishment of the discharge plan; or

10.4.5. Therapeutic techniques beyond the education, skill, and knowledge of the physical therapist assistant.

10.5. A physical therapist assistant shall directly supervise a physical therapy aide only in emergency situations or to assure patient or provider safety.

W. Va. Code R. § 16-1-11 Licensing Individuals outside the United States

11.1. An applicant for a physical therapist license who was educated outside of the United States shall meet the following criteria in order to be eligible for licensure by the Board:

11.1.1. Credentials:

11.1.1.a. The foreign-educated applicant shall present a certificate issued by a board approved prescreening certification agency.

11.1.2. Education.

11.1.2.a. The applicant shall be a physical therapy graduate of a foreign institution of higher learning with at least the equivalent of a B.S. degree in physical therapy as determined by the Board.

11.1.2.b. Equivalent education shall be reported to the Board through a board approved credentialing agency.

11.1.3. English Proficiency:

11.1.3.a. Unless the native language is English, the applicant shall demonstrate proficiency in English by passing a board approved test with passing scores as determined by the Board.

W. Va. Code R. § 16-1-12 Continuing Education

12.1. A "unit" is one clock hour spent in a continuing education activity unless otherwise defined in this section.

12.2. All licensees desiring to remain "active" and in good standing must complete 24 units of board approved continuing education within the 2-year licensing period. If the licensee does not complete the 24 units of board approved continuing education within the license period, that licensee will be placed on delinquent status and will be subject to all fees associated with delinquent status.

12.2.1. For those applicants reinstating their license for a period of six months or less, only six units are required for that year.

12.2.2. Volunteer licensees need only to complete 20 units of board approved continuing education activities within a two-year renewal cycle.

12.2.3. Accumulated CEU's may not be carried over from one renewal period to another.

12.2.4. A new graduate does not need continuing education hours for the current year of graduation.

12.3. Completion of examinations, residencies, fellowships, tools, and courses for continuing education credit.

12.3.1. A maximum of eight units per license period can be obtained from any combination of clinical instruction or competency tools.

12.3.2. Passing the following specialty examinations will qualify for 24 contact hours of continuing education in the year the examination is taken:

12.3.2.a. Specialty examinations and recertification administered by the American Board of Physical Therapy Specialties (ABPTS).

12.3.2.b. The Hand Therapy Certification Commission (HTCC) certification examination.

12.3.2.c. Continuing education course instructors can receive one unit per hour of class instruction time will be awarded for board approved continuing education courses in the year the course given. Credit awarded to the instructor for said course will be granted only one time.

12.3.3. The successful completion of an American Physical Therapy Association credentialed residency or fellowship program will qualify for 24 contact hours of continuing education in the year the residency or fellowship is completed.

12.3.4. The successful completion of a practice review tool of the Federation of State Boards of Physical Therapy pertaining to continued competence will qualify for continuing education.

12.3.4.a. Eight contact hours of continuing education will be awarded for completion of a practice review tool.

12.3.4.b. Licensees may use a practice review tool identified in paragraph 11.3.4.a. of this section no more than every other renewal period.

12.3.5. Clinical instruction.

12.3.5.a. Providing clinical instruction to physical therapist or physical therapist assistant student(s) enrolled in a CAPTE approved physical therapist or physical therapist assistant program can qualify for up to a maximum 8 units per year.

12.3.5.b. Four weeks of clinical instruction is equal to one unit of continuing education.

12.3.6. Continuing education courses are subject to board approval.

12.3.6.a. One unit per hour of class instruction time will be awarded for board approved continuing education courses in the year the course is taken.

12.3.7. One unit per hour of class instruction time shall be awarded and automatically approved for CAPTE College/University, American Physical Therapy Association, Board of Certification or West Virginia Physical Therapy Association sponsored continuing education courses in the year the course is taken.

12.3.8. One unit per hour of class instructions for CAPTE college or university physical therapy or doctorate physical therapy programs.

12.4. The Board may grant a waiver of the continuing education requirements in the case of illness, disability, or undue hardship.

12.4.1. A request for waiver form must be completed in full. In the case of illness or disability, a physician's statement is required.

12.4.2. All completed forms must be received by the Board for consideration no later than the first day of October of the year preceding the renewal date.

12.4.3. A waiver may be granted for any period of time not to exceed one renewal cycle.

12.4.4. In the event that the illness, disability, or hardship continues to the next renewal cycle, then a new waiver request is required.

12.4.5. Should a waiver be granted due to disability or illness, the Board may require the individual to provide appropriate documentation from a physician or another qualified and appropriate practitioner to verify the individual's competency and ability to practice physical therapy in the state of West Virginia prior to the return to active practice of physical therapy in West Virginia.

12.5. The Board reserves the right to conduct randomized continuing education audits.

W. Va. Code R. § 16-1-13 Telehealth

13.1. Telehealth services may only be used to provide physical therapy services to a patient who is physically located at an originating site in West Virginia other than the site where the physical therapist or physical therapist assistant is located, whether or not in West Virginia.

13.2. Physical Therapy telehealth services must be provided by a physical therapist, or physical therapist assistant under the supervision of the physical therapist who possesses a current:

13.2.1. unrestricted West Virginia license; or

13.2.2. Compact Privilege to practice in West Virginia.

13.3. The provision of physical therapy services via telehealth requires synchronous audiovisual interaction between the physical therapist or physical therapist assistant and the patient/client, which may be accompanied by the use of asynchronous store and forward technology. When physical therapy is provided via telehealth the physical therapist and the physical therapist assistant must document that the services were provided via telehealth.

13.4. Standard of Care. A physical therapist or physical therapist assistant that provides telehealth services is subject to the same standard of care that would apply to the provision of the same physical therapy service in an in-person setting.

13.5. Telehealth services may be used to establish a new patient relationship only if the physical therapist is physically available to perform an in-person hands-on examination and/or re-examination throughout the course of the patients care. The physical therapist must determine if an in-person examination is required based on the physical therapists clinical judgement and the standard of care. The in-person examination requirement may be temporarily waived when state regulations prevent face-to-face contact. The patient has the right to request an in-person visit at any time with the physical therapist during the duration of care. This visit must be accommodated within 72 hours of the time the request is made.

13.6. Informed Consent. A physical therapist that provides telehealth services must obtain and maintain the informed consent of the patient, or of another individual authorized to make health care treatment decisions for the patient, prior to the provision of telehealth services.

13.7. Confidentiality. A physical therapist or physical therapist assistant that provides telehealth services must ensure that the privacy and confidentiality of the patient's medical information is maintained during and following the provision of telehealth services, including compliance with HIPAA regulations and other federal and state law.

13.8. The failure of a physical therapist or physical therapist assistant to comply with this section shall constitute detrimental practice and could subject the licensee to disciplinary action by the Board.

13.9. Provision of telehealth services by a physical therapist assistant must occur under the general supervision of the physical therapist in accordance with §16-1-9 of this title.

13.10. Telehealth services cannot be used for supervision of physical therapy aides.

13.11. The Board will investigate complaints regarding services provided via telehealth in the same manner as it investigates other complaints as set in statute and rule.

W. Va. Code R. § 16-1-14 Re-entry to Practice

14.1. Physical therapists and physical therapist assistants who seek re-entry to practice after having a lapsed or inactive West Virginia license and who have not held an active license in any other jurisdiction within the past five years shall enter into a Re-entry to Practice Agreement prior to being licensed. Once the agreement is signed the applicant will be issued a restricted license.

14.1.1. The agreement shall include the following provisions:

14.1.1.a. Supervised Practice Requirement

14.1.1.b. The licensee shall practice under direct supervision for six (6) months in a physical therapy setting in which they are employed.

14.1.1.c. The supervising physical therapist must submit written reports to the Board every sixty (60) days assessing the licensees progress and competency.

14.1.2. Re-entry Continuing Education Requirements.

14.1.2.a. The licensee must complete twenty-four (24) hours of board approved continuing education.

14.1.2.b. These hours must be completed within six (6) months of signing the agreement.

14.1.3. General Continuing Education Requirements.

14.1.3.a. The required 24 hours of re-entry continuing education hours are in addition to the general continuing education requirements mandated by the Board for licensure renewal.

14.1.4. Employer Notification.

14.1.4.a. The licensee must provide a copy of the re-entry to practice agreement to their employer.

14.2. Compliance and Reporting.

14.2.1. Failure to comply with the terms of the re-entry to practice agreement may result in disciplinary action by the Board.

14.2.2. The Board reserves the right to extend the supervised practice period or impose additional requirements based on the applicants progress and competency reports.

16CSR1

Series 02 Contested Case Hearing Procedure

W. Va. Code R. § 16-2-1 General. 1.1 Scope. -- This rule specifies the procedure for the adjudication of contested case hearings before the Board

1.2. Authority. -- W. Va. Code ''30-20-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- December 11, 2000.

1.4. Effective Date. -- January 15, 2001.

W. Va. Code R. § 16-2-2 Definitions

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

2.1. ABoard@ means the West Virginia Board of Physical Therapy.

2.2. ADemanding party@ means an individual who has been denied a license to practice Physical Therapy by the Board and who, as a result, demands that a hearing be held before the Board on the issue of such denial.

2.3. ACharged party@ means an individual who holds a license to practice Physical Therapy issued by the Board and who has been charged by the Board as described in Section 6.5. of these rules.

2.4. ALicense@ means a license or temporary permit issued by the Board to practice Physical Therapy or to assist in the practice of Physical Therapy pursuant to W. Va. Code '30-20-1. et. seq.

2.5. ALicensee@ means an individual who holds a license to practice Physical Therapy or to assist in the practice of Physical Therapy issued by the Board.

2.6. APermittee@ is a person who holds a temporary permit to practice Physical Therapy or to assist in the practice of Physical Therapy issued by the Board.

2.7. APractice of Physical Therapy@ means the practice of Physical Therapy as defined in W. Va. Code '30-20-2. This includes Physical Therapists, Physical Therapist Aides, and Physical Therapist Assistants.

W. Va. Code R. § 16-2-3 Conferences; Informal Disposition of Cases

3.1. At any time prior to the hearing or thereafter, the Board, or its designee may hold conferences for the following purposes:

3.1.1. To dispose of procedural requests, prehearing motions or similar matters;

3.1.2. To simplify or settle issues by consent of the parties; or,

3.1.3. To provide for the informal disposition of cases by stipulation or agreement.

3.2. The Board may require such conferences to be held on its own motion or by the request of a party.

3.3. The Board may also initiate or consider stipulation or agreement proposals with regard to the informal disposition of cases and may enter into stipulations and/or agreements without conference.

W. Va. Code R. § 16-2-4 Depositions

4.1. 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. § 16-2-5 Subpoenas

5.1. 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, its Executive Secretary/Administrator, or its Assistant Administrator.

Such subpoenas shall be issued pursuant to W. Va. Code '29A-5-1(b).

5.2. Written requests by a party for the issuance of subpoenas or subpoenas duces tecum as provided in subsection 5.1. 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 must have them properly served in accordance with W. Va. Code '29A-5-1(b).

W. Va. Code R. § 16-2-6 Hearing Procedure

6.1. Any applicant denied a license or any licensee or permit holder who has had their license or temporary permit suspended by the Board who believes that such denial was in violation of W. Va. Code '30-1-1. et seq. and/or '30-20-1. et seq. will be entitled to a hearing on the action denying or suspending such license or temporary permit.

6.2. Any person who desires a hearing for the reason described in subsection 6.1. of this section must present a written demand for a hearing to the Board.

6.3. The Board may require the person demanding the hearing to give security for the costs of the hearing and if the demanding party does not substantially prevail, such costs may be assessed against them and may be collected in a civil action or by other proper remedy.

6.4. When the Chair of the Board or his/her authorized designee is presented with a demand for a hearing, he or she will schedule a hearing within sixty (60) days of receipt of the written demand. The hearing may be postponed to a later date by mutual agreement.

6.5. Charges may be instituted against any Licensee or Permittee by the Board when probable cause exists for believing that the Licensee or Permittee may have engaged in conduct, practices, or acts for which his or her license should be suspended, revoked or otherwise disciplined for one or more of the grounds as set forth in W.Va. Code '30-20-10. et seq. or Title 16, Series 1, Rules of the Board. Charges may be based upon information received by way of a verified written complaint filed with the Board; and/or any information gathered by the Board in the process of investigating a complaint. Charges may also be based upon information received solely through investigative activities undertaken by the Board.

6.6. Allegations instituted against a Licensee or Permittee as described in subsection 6.4. of this section must be set forth in a Complaint and Notice of Hearing by the Board as the Agency of the State regulating the practice of Physical Therapy. The Complaint and Notice of Hearing must designate the Board as the AComplainant@, and will designate the Licensee or Permittee involved in the proceeding as the ARespondent@. The Complaint and Hearing Notice must state the substance of each offense with sufficient details in order to reasonably apprize the Respondent of the nature, date and place of the conduct or condition complained of therein. It must also state the date, time and place for the hearing.

6.7. Upon receipt of a demand for a hearing described in subsections 6.1. and 6.2. of this section, the Chair or his or her designee will provide the demanding party, with a Complaint and Notice of Hearing issued in the name of the Board as the Agency of the State regulating the practice of Physical Therapy. Such Complaint and Notice of Hearing shall designate the demanding party as the AComplainant@ and will designate the Board as the ARespondent@; will set out the substance of each and every reason that the Board has denied the demanding party a license or temporary permit with sufficient particularity to reasonably apprize the demanding party of the nature, date and place of the conduct or condition at issue therein. It must also state the date, time and place for the hearing.

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

6.9. Hearings shall be conducted as follows:

6.9.1. Any party to a hearing has the right to be represented by an attorney-at-law, duly qualified to practice law in the State of West Virginia.

6.9.2. The Board will be represented by the West Virginia Attorney General=s Office.

6.9.3. Irrelevant, immaterial, or unduly repetitious evidence will 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.

6.9.4. The rules of privilege recognized by the law of this State shall be followed.

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

6.9.6. 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 temporary permit.

6.9.7. The hearing will be held at such time and place designated by the Board, but no hearing will be conducted unless at least thirty (30) days written notice of the hearing has been served upon the charged or demanding party and/or his or her attorney in person; or if he or she cannot be found, by delivering such notice to 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 publication thereof once a week for three successive weeks in a newspaper published in this State; or such notice may be served by registered or certified mail.

6.9.8. Members of the Board and its officers, agents and employees are 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.

6.9.9. The hearing will be conducted by a quorum of the Board.

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

6.9.11. Any documentary evidence resulting from an investigation or sworn statements may be received in the form of copies or excerpts of by incorporation by reference.

6.9.12. Where a hearing is held upon the instance of the Board after charges have been brought against a Licensee or Permittee pursuant to subsections 6.5. and 6.6. of this section, the Board has the burden of proof in substantiating the charges and must present its evidence and/or testimony in support of the charges first.

6.9.13. Where a hearing is held upon demand under the provisions of subsections 6.1., 6.2., 6.3., and 6.7. of this action, the demanding party has the burden of proof and will, therefore, be required to present his or her evidence first.

6.9.14. Following the conclusion of the Board=s presentation of evidence in accordance with subsection 6.9.12. of this section, the Respondent or charged party has the right to submit his or her evidence in defense.

6.9.15. Following the conclusion of the demanding party=s presentation of evidence in accordance with subsection 6.9.13. of this section, the Board has the right to offer its evidence in rebuttal.

6.9.16. The Board may call witnesses to testify in support of its decision to deny licensure, to deny a temporary permit, or in support of the charges instituted against a Licensee or Permittee; may present such other evidence to support its position; and, may cross-examine witnesses called by the demanding party or charged party in support of his or her position.

6.9.17. All parties have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation, unless otherwise lengthened by the Board.

6.9.18. Hearings held by the Board as a result of charges instituted against a Licensee or Permittee may be continued or adjourned to a later date or different place by the Board or its designee by appropriate notice to all parties.

6.9.19. 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 or 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. Motions for continuance filed prior the the date of the hearing will be ruled on by the Chair or Executive Secretary/Administrator of the Board. All other motions for continuance will be ruled on by the Board member(s) or the member presiding over the hearing.

6.9.20. All motions related to a case set for hearing before the Board, except motions for continuance and those made during the hearing, must be in writing and received in the office of the Board at least ten (10) days before the hearing. Prehearing motions will be heard at a prehearing conference or at the hearing prior to the commencement of testimony. The Board member(s) presiding at the hearing will hear the motions and responses from the non-moving party and rule on the motions.

W. Va. Code R. § 16-2-7 Transcription of Testimony and Evidence

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

7.2. All reported materials will be transcribed. The Board has the responsibility to make arrangements for the transcription of the reported testimony and evidence.

7.3. 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 will settle all differences arising as to whether the transcript truly discloses what occurred at the hearing and will require that the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

7.4. A transcript of the hearing will be provided to all members of the Board for review at least ten (10) days before the vote it taken on its decision in any licensure or temporary permit disciplinary matter.

W. Va. Code R. § 16-2-8 Submission of Proposed Findings of fact and Conclusions of Law

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

W. Va. Code R. § 16-2-9 Orders

9.1. Any final order entered by the Board following a hearing conducted pursuant to this rule will be made pursuant to the provisions of W. Va. Code ''29A-5-3 and 30-1-8(d). All final orders must 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 must contain findings of fact and conclusions of law.

9.2. The findings of fact and conclusions of law must be approved by a majority of the Board either by a poll or vote at a regular meeting, before a final order is entered. A copy of the final order approved by a majority of the Board must be served upon the demanding or 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. § 16-2-10 Appeal

10.1. An appeal from any final order entered in accordance with this rule will comply with the provisions of W. Va. Code ''30-1-9. and 29A-6-1. et seq.

16CSR2

Series 03 Disciplinary And Complaint Procedures

W. Va. Code R. § 16-3-1 General

1.1. Scope. -- This rule specifies a procedure for the investigation and resolution of complaints against Physical Therapists, Physical Therapy Aides, Physical Therapist Assistants, Permittees, and Applicants.

1.2. Authority. -- W. Va. Code ''30-20-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- December 11, 2000.

1.4. Effective Date. -- January 15, 2001.

W. Va. Code R. § 16-3-2 Application

This rule applies to all licensed Physical Therapists, Physical Therapy Aides, Physical Therapist Assistants, Permittees, and Applicants.

W. Va. Code R. § 16-3-3 Definitions

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

3.1. AApplicant@ means any person making application for an original or renewal license or a temporary permit to practice Physical Therapy or to assist in the practice of Physical Therapy pursuant to W. Va. Code '30-20-1 et seq.

3.2. ABoard@ means the West Virginia Board of Physical Therapy.

3.3. ALicense@ means a license or temporary permit issued by the Board to practice Physical Therapy or to assist in the practice of Physical Therapy pursuant to W. Va. Code '30-20-1 et seq.

3.4. APhysical Therapist@ means a person who practices Physical Therapy. Physical Therapy Aides and Physical Therapist Assistants are persons who assist in the practice of Physical Therapy as defined in W. Va. Code '30-20-2.

3.5. AEthics investigator@ means a person licensed to practice Physical Therapy in this State, and who is hired by the Board for the purpose of reviewing complaints against Physical Therapists, Physical Therapy Aides, Physical Therapist Assistants, Permittees and Applicants.

W. Va. Code R. § 16-3-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Physical Therapists

The Board may deny an application for license, place a licensee on probation, limit or restrict a license, suspend a license or revoke any license issued by the Board, upon satisfactory proof that a licensee has been convicted of a felony or is, in his or her professional capacity, engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code '30-20-1 et seq. or Title 16, Series 1, Rules of the Board.

W. Va. Code R. § 16-3-5 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 a Physical Therapist, Physical Therapy Aide, Physical Therapist Assistant, Permittee or Applicant with a violation of W. Va. Code '30-20-1 et seq. or of Title 16, Series 1, Rules of the Board. The Board may provide a form for that purpose, but a complaint may be filed in any written form. In addition to describing the alleged violation which prompted the complaint, the complaint must contain the following: 5.1.1.The name and address of the Physical Therapist, Physical Therapy Aide, Physical Therapist Assistant. Permittee or Applicant against whom the complaint is lodged;

5.1.2. The date of care;

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

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

5.2. A complaint against a Physical Therapist, Physical Therapy Aide, Physical therapist Assistant, Permittee or Applicant shall allege that such person has been convicted of a felony or is, in his or her professional capacity, engaging in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code ' 30-20-1 et seq. or Title 16, Series 1, Rules of the Board.

5.3. 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.

5.4. The Board will maintain a complaint log which records the receipt of each complaint, its nature and its disposition.

5.5. The Board will maintain a separate file on each complaint received, and each file will have a number assigned to it.

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

5.6.1. That the matter will be reviewed by the Board;

5.6.2. That the complaint is outside the jurisdiction of the Board, with suggestions as to how the complainant might best obtain a resolution of his or her problem; or,

5.6.3. That more information will be required in order to adequately review the individual complaint.

5.7. The Board will send a copy of the complaint, including any supporting documentation, by certified mail to the Licensee, Permittee or Applicant in question for his or her written comment. He or she must submit a written response to the Board within thirty (30) days of the receipt of such correspondence, or waive the right to do so.

5.8. Requests for comment on complaints sent to Licensees, Permittees or Applicants shall be considered properly served when sent to their last known address. It is the responsibility of the Licensee, Permittee or Applicant to keep the Board informed of his or her current address pursuant to W. Va. Code '30-20-5.(8).

5.9. Upon receipt of a Licensee=s, Permittee=s or Applicant=s comments in response to a complaint, the Board will promptly send a copy of the response, including any supporting documentation, to the complainant.

5.10. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of sub-division 5.6.2 of this rule, the Board will conduct or authorize to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations in the complaint. The review of complaints and any investigation may, at the discretion of the Board, be assigned to a committee of the Board.

5.11. At any point in its investigation of a complaint the Board may, at its discretion, assign the matter to an Ethics Investigator for review and investigation.

5.12. Upon receipt of a complaint the Ethics Investigator will, within sixty (60) days, review and investigate the complaint and provide the Board with a report. The report must include 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 a statement of the Ethics Investigator=s findings and recommendations. The Ethics Investigator will, upon request, be afforded an opportunity to have an investigation interview with the Licensee, Permittee or Applicant in question or other involved parties; a report of which will be placed in the investigation file.

5.13. To facilitate the disposition of a complaint, the Board or the committee 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 Board or the committee will give notice of the conference. The notice will 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 without the consent of all parties to the hearing. Failure to attend a conference will not prejudice any party to the case.

5.14. The Board, its Chairperson, the investigating committee or Executive Secretary/Administrator may issue subpoenas and subpoenas duces tecum to complete the Board=s investigation and to determine the truth or validity of complaints. The Ethics Investigator may request the Board, its Chairperson or Executive Secretary/Administrator to issue a subpoena or subpoena duces tecum. Any subpoena request must be accompanied by a brief statement explaining the need for the subpoena.

5.15. 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 Physical Therapist, Physical Therapy Aide, Physical Therapist Assistant, Permittee or Applicant may be sanctioned by the Board. In the event the review and investigation of a complaint is assigned to a committee or an Ethics Investigator, the committee or Ethics Investigator shall make their respective findings and recommendations to the Board prior to the Board dismissing the complaint.

W. Va. Code R. § 16-3-6 Contested Case Hearings

6.1. The Board may refuse to renew a license or suspend a license if it determines there is probable cause to believe that a Physical Therapist, Physical Therapy Aide, Physical Therapist Assistant, or Permittee=s conduct, practices or acts constitute an immediate danger to the public.

W. Va. Code R. § 16-3-7 Appeals

7.1. Any Applicant who has had his or her application for a license denied by order of the Board may appeal the order within thirty (30) days of that action in accordance with the contested case hearing procedures set forth in W. Va. Code '29A-6-1 et seq. and Title 16, Series 2, Rules of the Board: Provided, that the appeal shall not include cases in which the Board denies a license or certificate after an examination to test the knowledge or the ability of the applicant where the controversy concerns whether the examination was fair or whether the applicant passed the examination.

16CSR3

Series 04 Fees for Physical Therapist and Physical Therapist Assistant

W. Va. Code R. § 16-4-1 General

1.1. Scope. -- This legislative rule describes and defines requirements for licensure as well as nature of practice for Physical Therapists, Physical Therapist Assistants and support personnel.

1.2. Authority. -- W. Va. Code §30-20-1, et. seq.

1.3. Filing Date. -- April 6, 2021.

1.4. Effective Date. -- May 1, 2021

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2031.

W. Va. Code R. § 16-4-2 Fees

2.1. The West Virginia Board of Physical Therapy is an autonomous State Licensing Board Agency and as such receives no monies from the States general revenue fund; nor does it receive any Federal money. All money necessary to efficiently staff and equip a public office must be generated by services performed by the Board in behalf of its licensees or other interested parties.

2.2. Applicants shall pay to the Board the fees established and authorized by W. Va. Code §30-20-1, et. seq., except as provided in W. Va. Code §30-1-23.

2.2.1. Physical Therapist Application $25

2.2.2. Physical Therapist License $220

2.2.3. Physical Therapist Temporary Permit $35

2.2.4. Physical Therapist Biennial Renewal $100

2.2.5. Physical Therapist Delinquent License $250

2.2.6. Physical Therapist Assistant Application $25

2.2.7. Physical Therapist Assistant License $140

2.2.8. Physical Therapist Assistant Temporary Permit $20

2.2.9. Physical Therapist Assistant Biennial Renewal $60

2.2.10. Physical Therapist Assistant Delinquent License $170

2.2.11. Permanent License Verification 2.2.11.a.Office Generated $25 2.2.11.b.Online No Charge

2.2.12. Duplicate Wallet Card/License $5

2.2.13. Duplicate Wall Certificate $15

2.2.14. Name Change Requiring New Card/License (Outside of Renewal Season) $5 2.2.15 Exam Processing Fee $25

2.2.16. Physical Therapy Compact Fee $50

2.2.17. Continuing Education Course Review

2.2.17.a. Provider

2.2.17.a.1. Course under 10 hours $25

2.2.17.a.2. Course of 10 hours or more $50

2.2.17.b. Individual Licensee Review $15

2.2.18. Continuing Education Non-Compliance $200

2.2.19. All fees not paid by the due date shall be assessed a penalty to be determined by the Board not to exceed 25% of the original fee required.

16CSR4

Series 05 General Provisions for Athletic Trainers

W. Va. Code R. § 16-5-1 General

1.1. Scope. -- This legislative rule describes and defines requirements on licensure for Athletic Trainers.

1.2. Authority. -- W. Va. Code §30-20A-1, et. seq.

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

1.4. Effective Date. -- April 7, 2026.

1.5. Sunset Provision This rule shall terminate and have no further force or effect upon August 1, 2031.

W. Va. Code R. § 16-5-2 Definitions

The following words and phrases as used in these rules shall have the following meanings, unless the context otherwise requires:

2.1. Applicant means any person making application for an original or renewal license or a temporary permit to act as an athletic trainer under the provisions of the W. Va. Code §30-20A-1, et. seq.

2.2. Athletic injury or condition means any injury or condition sustained by an individual that occurs during, or as a result of, the individuals participation in organized athletic or recreational athletic activity that requires physical strength, agility, flexibility, speed, stamina, or range of motion or a substantially similar injury or condition resulting from occupational activity immediately upon the onset of such injury or condition.

2.3. Athletic Trainer is an individual engaged in the practice of athletic training who holds a license under the provisions of the W. Va. Code §30-20A-1, et. seq.

2.4. Athletic training and the practice of athletic training means the care and services provided by a licensed athletic trainer as described under the provisions of the W. Va. Code §30-20A-1, et. seq.

2.5. Board means the West Virginia Board of Physical Therapy established under W. Va. Code §30-20-1 et. seq.

2.6. Consulting means that an athletic trainer renders an opinion or advice to another athletic trainer or health care provider through telecommunication or other means or electronic communication.

2.7. Direct supervision means the licensed athletic trainer must be physically present and be able to intervene on behalf of the athletic training student, permittee, and patient when the athletic training student is providing athletic training services.

2.8. Dry Needling is a skilled technique performed by an athletic trainer using filiform needles to penetrate the skin and/or underlying tissues to affect changes in body structure and functions for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disability.

2.9. General supervision means referral by prescription to treat conditions for an athletic injury or condition from a licensed doctor of medicine, doctor of osteopathy, doctor of chiropractic, podiatrist or physical therapist except that the physical presence of the licensed doctor of medicine, doctor of osteopathy, doctor of chiropractic, podiatrist or physical therapist is not required if the supervising licensed doctor of medicine, doctor of osteopathy, doctor of chiropractic, podiatrist or physical therapist is readily available for consultation by direct communication, radio, telephone, facsimile, telecommunications or other electronic means.

2.10. License means an athletic trainer license or license to act as an athletic trainer issued by the Board under the provisions of the W. Va. Code §30-20A-1, et. seq.

2.11. Licensee means a person licensed as an athletic trainer under the provisions of the W. Va. Code §30-20A-1, et. seq.

2.12. Originating site means the location of the person receiving care, whether or not accompanied by an athletic trainer at the time services are provided through telehealth, including but not limited to, an out-patient facility, hospital, critical access hospital, rural health clinic, federally qualified health center, a patients home, and other nonmedical environments such as school-based health centers, university based health centers, or the work location of a patient.

2.13. Permittee means any person holding a temporary permit issued pursuant to the provisions of the W. Va. Code §30-20A-1, et. seq.

2.14. Permit or temporary permit means a temporary permit issued under the provisions of the W. Va. Code §30-20A-1, et. seq.

2.15. Student means an individual thats enrolled in an accredited athletic training program.

2.16. Telehealth services means the use of synchronous or asynchronous telecommunications technology or audio only telephone calls by an athletic trainer to provide athletic training services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient, transfer of medical data; patient and professional health-related education; public health services and health administration. This term does not include internet questionnaires, email messages, or facsimile transmission.

2.17. The practice of athletic training means the services as described in W. Va. Code §30-20A-5.

2.18. 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. § 16-5-3 Applications

3.1. The applicant must complete the application form provided by the Board and supply the following:

3.1.1. Personal information;

3.1.2. Proof of current certification by a National Certifying Board approved by the West Virginia Board of Physical Therapy;

3.1.3. Verification of Licensure, Certification, or Registration from other jurisdictions that regulate the practice of athletic training in their jurisdictions;

3.1.4. Written responses to questions regarding criminal offenses;

3.1.5. Written responses to questions regarding child support obligations;

3.1.6. Name and address of prospective employer in West Virginia if known;

3.1.7. Photo Identification;

3.1.8. Applicable fee(s);

3.1.9. Educational information;

3.1.10. History of previous work experience, if applicable; and

3.1.11. Complete a criminal background check as required by W. Va. Code §30-1D-1.

W. Va. Code R. § 16-5-4 Scores

4.1. The applicant must take a board approved national certifying examination and obtain a passing score as determined by the Board.

W. Va. Code R. § 16-5-5 Issuance, Renewal or Reinstatement of License

5.2. Licenses expiring on June 30th of each particular year must be renewed by payment of applicable fee along with completed renewal application.

5.3. A license not renewed without specific request to place it in inactive status will automatically be placed on delinquent status.

5.4. Delinquent licensee is responsible for penalty fees including but not limited to; application fee, delinquent license fee, and the current year renewal fee. A licensee must also complete and show proof of board approved continuing education requirements.

5.5. To reinstate an inactive license, the licensee must submit an application for renewal along with a non-refundable application fee and license renewal fee.

5.6. Any change in personal contact and employer/supervisor information must be submitted in writing to the Board as changes occur.

W. Va. Code R. § 16-5-6 Criminal History Record Check

6.1. Beginning July 1, 2020, and in addition to all of the requirements for licensure, all applicants for an initial license to practice as an athletic trainer in West Virginia shall submit to a state and a national history record check and authorize this information to be released to the Board.

6.2. The purpose of the criminal history record check is to assist the Board in obtaining information that may relate to the applicants fitness for licensure.

6.3. In addition to the State Police, the Board may contract with and designate a company specializing in the services required by this section instead of requiring the applicant to apply directly to the West Virginia State Police or similar out-of-state agency for the criminal history records checks. Provided, that any such company must utilize protocols consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact.

6.7. The applicant shall authorize the release of all records, not sealed, obtained by the criminal history record check to the Board.

6.10. Criminal history record checks shall be verified by a source acceptable to the Board, other than the applicant.

6.11. The results of the state and national criminal history record check may not be released to or by a private entity except:

6.11.1. To the individual who is the subject of the criminal history record check;

6.11.2. With the written authorization of the individual who is the subject of the criminal history record check; or

6.11.3. Pursuant to a court order.

6.12. Criminal history record checks and related records are not public records for the purposes of W. Va. Code §29B-1-1, et. seq.

6.13. The Board may not disqualify an applicant from initial licensure pursuant to WV Code §30-1-24.

W. Va. Code R. § 16-5-7 Temporary Permit for Athletic Trainers

7.1. An individual possessing a temporary permit issued by the Board to practice athletic training or act as an athletic trainer in the state of West Virginia shall practice under the direct supervision of a licensed athletic trainer. All progress notes written by the athletic trainer with a temporary permit shall be cosigned by an athletic trainer supervisor within 24 hours.

7.2. A temporary permit may be issued only to individuals who have met the eligibility criteria set forth in W. Va. Code §30-20A-4, and §30-20A-7, and who have submitted proper application and identification as determined by the Board:

7.2.1. Pending examinations, to any athletic training applicant who is a new graduate of a program approved by the Commission on Accreditation of Athletic Training Education (CAATE).

7.2.2. To a person who possesses an unencumbered credential in another jurisdiction and provides satisfactory evidence that the applicants education is substantially equivalent to the educational requirements for athletic trainers under the provisions of this article.

7.3. The temporary permit is valid only for a period of 90 consecutive days and the permit shall not be renewed.

W. Va. Code R. § 16-5-8 Scope of Practice for Athletic Trainers

8.1. An athletic trainer may perform the following:

8.1.1. The practice of athletic training is defined as the application of principles, methods, and procedures for managing athletic injuries or conditions, which shall include the prevention, emergency care, clinical examination and assessment, therapeutic intervention, and treatment of athletic injuries or conditions through the use of appropriate preventative and support devices, and within the professional preparation and education of a licensed athletic trainer subject to the general supervision. Athletic training includes recognizing illness and referring to the appropriate health care professional and implementation of treatment pursuant to the orders of those professions listed under general supervision. Athletic training also includes instruction to coaches, athletes, parents, medical personnel, and communities in the area of care and prevention of athletic injuries or conditions.

8.1.2. Engage in administration, consultation, and research.

8.2. A licensee shall adhere to the standards of ethical practice as defined by the Board and practice in a manner that is moral and honorable.

8.3. A licensee shall not cheat or assist others in conspiring to cheat on the Board approved national certifying examination.

8.4. A licensee shall not falsify, alter, or destroy patient/client records, medical records, or billing records without authorization. The licensee shall maintain accurate patient and/or billing records.

8.5. A licensee shall not practice athletic training while the ability to practice is impaired by alcohol, controlled substances, narcotic drugs, physical disability, mental disability, or emotional disability.

8.6. A licensee shall adhere to the minimal standard of acceptable prevailing practice. Failure to adhere to the minimal standards of practice, whether or not actual injury to a patient occurred, includes, but is not limited to:

8.6.1. Failing to assess and evaluate a patients status;

8.6.2. Performing or attempting to perform techniques, procedures, or both in which the licensee is untrained by education or experience;

8.6.3. Delegating athletic training functions or responsibilities to an individual lacking the ability or knowledge to perform the functions or responsibility in question;

8.6.4. Causing, or permitting another person to cause, physical or emotional injury to the patient, or depriving the patient of the individuals dignity;

8.6.5. Providing treatment interventions that are not warranted by the patients condition or continuing treatment beyond the point of reasonable benefit to the patient with the intent to defraud;

8.6.6. Practicing in a pattern of negligent conduct, which means a continued course of negligent conduct or of negligent conduct in performing the duties of the profession;

8.6.7. Abandoning the patient by inappropriately terminating the patient practitioner relationship by the licensee;

8.6.8. Documenting or billing for services not actually provided; or documenting or billing services with the intent to defraud;

8.6.9. A licensee shall not maliciously cause harm to another licensee;

8.7. The scope of practice in this section does not include the practice of physical therapy, the practice of occupational therapy, the practice of medicine, the practice of osteopathic medicine, surgery, the practice of chiropractic, or the management of systemic medical or neurological conditions or diseases of body systems that are not within the professional preparation and education of a licensed athletic trainer.

8.8. A licensee must report to the Board any discipline received in another jurisdiction within 30 days of that discipline. The Board reserves the right to discipline up to and including revocation of a license until disciplinary process in the other jurisdiction is completed. If the licensee fails to report discipline in another jurisdiction, they are subject to disciplinary procedures in our jurisdiction determined by the Board.

W. Va. Code R. § 16-5-9 Athletic Training student and/or permittee

9.1. In all practice settings, the following are required:

9.1.1. No more than four athletic training students and or athletic trainers holding a temporary permit, or any combination thereof, can be supervised by a licensed athletic trainer at any one time.

9.2. Supervision requirements of athletic training student(s) and/or permittee(s) are as follows:

9.2.1. Athletic training students must practice under direct supervision of a licensed athletic trainer. Healthcare skills or techniques not specific to athletic training may be supervised by a licensed athletic trainer, or board approved licensed doctor of medicine, doctor of osteopathy, doctor of chiropractic, podiatrist, or physical therapist.

9.2.2. Athletic training permitte(s) must practice under the direct supervision of a licensed athletic trainer.

9.3. A student athletic trainer may not use the title student athletic trainer or the abbreviation SAT unless the student is enrolled in an approved athletic trainer program.

W. Va. Code R. § 16-5-10 Licensing Individuals outside the United States

10.1. An applicant for an athletic training license who was educated outside the United States shall meet the following criteria in order to be eligible for licensure by the Board:

10.1.1. Credentials:

10.1.1.a. The foreign-educated applicant shall present a certificate issued by a board approved prescreening certification agency.

10.1.2. Education:

10.1.2.a. The applicant shall be an athletic training graduate of a foreign institution of higher learning with at least the equivalent of a bachelors degree in athletic training as determined by the Board.

10.1.2.b. Equivalent education shall be reported to the Board through a board approved credentialing agency.

10.1.2.c. Applicant shall complete additional requirements of the Board.

10.1.3. English Proficiency:

10.1.3.a. Unless the native language is English, the applicant shall demonstrate proficiency in English by passing a board approved test with passing scores as determined by the Board.

W. Va. Code R. § 16-5-11 Continuing Education

11.1. A unit is one clock hour spent in a continuing education activity unless otherwise defined in this section.

11.2. All licensees desiring to remain active and in good standing must complete 50 units of board approved continuing education within the two-year licensing period. If the licensee does not complete the 50 units of board approved continuing education within the licensing period, that license will be placed on delinquent/lapsed status and will be subject to all fees associated with delinquent/lapsed status.

11.2.1. Accumulated CEUs may not be carried over from one renewal period to another.

11.2.2. A new graduate does not need continuing education hours for the current year of graduation.

11.3. Completion of examinations, residencies, fellowships, tools, and courses for continuing education credit.

11.3.1. Providing clinical instruction to an athletic training student(s) enrolled in a board approved athletic training program can qualify for up to a maximum of 10 units per licensing period.

11.3.2. Continuing education courses are subject to board approval.

11.3.2.a. One unit per hour of class instruction time will be awarded for board approved continuing education courses in the year the course is taken.

11.3.3. One unit per hour of class instruction time shall be awarded and automatically approved for CAATE College/University, Board of Certification (BOC), National Athletic Trainers Association (NATA) or West Virginia Athletic Trainers Association sponsored continuing education courses in the year the course is taken.

11.4. The Board may grant a waiver of the continuing education requirements in the case of illness, disability, or undue hardship.

11.4.1. A request for a waiver form must be completed in full. In the case of illness or disability, a physicians statement is required.

11.4.2. All completed forms must be received by the Board for consideration no later than the first day of April of the year preceding the renewal date.

11.4.3. A waiver may be granted for any period of time not to exceed one renewal cycle.

11.4.4. In the event that the illness, disability, or hardship continues to the next renewal cycle, then a new waiver request is required.

11.4.5. Should a waiver be granted due to disability or illness, the Board may require the individual to provide appropriate documentation from a physician or another qualified and appropriate practitioner to verify the individuals competency and ability to practice athletic training in the state of West Virginia prior to the return to active practice of athletic training in West Virginia.

11.5. The Board reserves the right to conduct randomized continuing education audits.

W. Va. Code R. § 16-5-12 Dry Needling

12.1. In order to perform dry needling, an athletic trainer must obtain educational instruction approved by the West Virginia Board of Physical Therapy.

12.1.1. Dry needling by an athletic trainer must be performed under general supervision as described in W. Va. Code R. §16-5-2.9.

12.1.2. A licensed athletic trainer is prohibited from performing dry needling within the primary and secondary school settings.

W. Va. Code R. § 16-5-13 Telehealth

13.1. Telehealth services may only be used to provide athletic training services to a patient who is physically located at an originating site in West Virginia other than the site where the athletic trainer is located, whether or not in West Virginia; Provided, That telehealth services may be used to provide athletic training services to a patient who is physically located at an originating site outside of West Virginia other than the site where the athletic trainer is located, whether or not in West Virginia, if the patient has established a prior professional relationship with the athletic trainer, and if in compliance with applicable federal and state law where the originating site is located.

13.2. Athletic training telehealth services must be provided by an athletic trainer who possesses a current unrestricted West Virginia license.

13.3. The provision of athletic training services via telehealth requires synchronous audiovisual interaction between the athletic trainer and the patient/client, which may be accompanied by the use of asynchronous store and forward technology.

13.4. Standard of Care. An athletic trainer that provides telehealth services is subject to the same standard of care that would apply to the provisions of the same athletic training service in an in-person setting.

13.5. Telehealth services may only be performed once an in-person evaluation has been performed and a professional relationship with the patient has been established.

13.6. Informed Consent. An athletic trainer that provides telehealth services must obtain and maintain the informed consent of the patient, or of another individual authorized to make health care treatment decisions for the patient, prior to the provision of telehealth services.

13.7. Confidentiality. An athletic trainer that provides telehealth services must ensure that the privacy and confidentiality of the patient's medical information is maintained during and following the provision of telehealth services, including compliance with HIPAA regulations and other federal and state law.

13.8. The failure of an athletic trainer to comply with this section shall constitute detrimental practice and could subject the licensee to disciplinary action by the Board.

13.9. The Board will investigate complaints regarding services provided via telehealth in the same manner as it investigates other complaints as set in statute and rule.

16CSR5

Series 06 Fees for Athletic Trainers

W. Va. Code R. § 16-6-1 General

1.1. Scope. -- This legislative rule describes and defines requirements for licensure as well as nature of practice for Athletic Trainers and support personnel.

1.2. Authority. -- W. Va. Code §30-20A-1, et. seq.

1.3. Filing Date. -- April 6, 2021.

1.4. Effective Date. -- May 1, 2021.

1.5. Sunset Provision. This rule shall terminate and have no further force or effect upon August 1, 2031.

W. Va. Code R. § 16-6-2 Fees

2.1. The West Virginia Board of Physical Therapy is an autonomous State Licensing Board Agency and receives no monies from the States general revenue fund; nor does it receive any Federal money. All money necessary to efficiently staff and equip a public office must be generated by services performed by the Board in behalf of its licensees or other interested parties.

2.2. Applicants shall pay to the Board the fees established and authorized by W. Va. Code §30-20A-1, et. seq., except as provided in W. Va. Code §30-1-23.

2.2.1. Athletic Trainer Application $25

2.2.2. Athletic Trainers License $180

2.2.3. Biennial Renewal $80

2.2.4. Athletic Trainer Delinquent License $210

2.2.5. License Verification

2.2.5.a. Office generated $25

2.2.5.b. Online No Charge

2.2.6. Duplicate Wall Certificate $15

2.2.7. Name Change Requiring New Card/ License (Outside of Renewal Season) $5

2.2.8. Athletic Trainer Temporary Permit $30

2.2.9. Duplicate wallet card/license $5

2.2.10. Continuing Education Course Review

2.2.10.a. Provider

2.2.10.a.1. Course under 10 hours $25

2.2.10.a.2. Course of 10 hours or more $50

2.2.10.b. Individual licensee review $15

2.2.11. Continuing Education Non-Compliance $200

2.2.12. All fees not paid by the due date shall be assessed a penalty to be determined by the Board not to exceed 25% of the original fee required.

16CSR6

Series 07 Contested Case Hearing Procedure For Athletic Trainers

W. Va. Code R. § 16-7-1 General

1.1. Scope. -- This procedural rule describes and defines requirements on registration for Athletic Trainers.

1.2. Authority. -- W. Va. Code §30-20A-1, et. seq.

1.3. Filing Date. -- August 12, 2010.

1.4. Effective Date. -- September 11, 2010.

W. Va. Code R. § 16-7-2 Definitions

The following words and phrases as used in these rules shall have the following meanings, unless the context otherwise requires:

2.1. Applicant means any person making application for an original or renewal registration to act as an athletic trainer.

2.2. Board means the West Virginia Board of Physical Therapy established under article twenty of chapter 30.

2.3. Registrant means a person registered as an athletic trainer.

2.4. Registration means a document issued by the board to practice athletic training.

W. Va. Code R. § 16-7-3 Conferences; Informal Disposition of Cases

3.1. At any time prior to the hearing or thereafter, the Board, or its designee may hold conferences for the following purposes:

3.1.a. To dispose of procedural requests, prehearing motions or similar matters;

3.1.b. To simplify or settle issues by consent of the parties; or,

3.1.c. To provide for the informal disposition of cases by stipulation or agreement.

3.2. The Board may require such conferences to be held on its own motion or by the request of a party.

3.3. The Board may also initiate or consider stipulation or agreement proposals with regard to the informal disposition of cases and may enter into stipulations and/or agreements without conference.

W. Va. Code R. § 16-7-4 Depositions

4.1. 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. § 16-7-5 Hearing Procedure

5.1. Any applicant denied a registration or any Registrant who has had their registration suspended by the Board who believes that such action was in violation of W. Va. Code §30-20A-1, et. seq. will be entitled to a hearing on the action denying or suspending lacking such registration.

5.2. Any person who desires a hearing for the reason described in subsection 5.1. of this section must present a written demand for a hearing to the Board.

5.3. The Board may require the person demanding the hearing to give security for the costs of the hearing and if the demanding party does not substantially prevail, such costs may be assessed against them and may be collected in a civil action or by other proper remedy.

5.4. When the Chair of the Board or his/her authorized designee is presented with a demand for a hearing, he or she will schedule a hearing within sixty (60) days of receipt of the written demand. The hearing may be postponed to a later date by mutual agreement.

5.5. Charges may be instituted against any Registrant by the Board when probable cause exists for believing that the Registrant may have engaged in conduct, practices, or acts for which his or her registration should be suspended, revoked or otherwise disciplined for one or more of the grounds as set forth in W. Va. Code §§30-20A-5 et seq. or 30-20A-7. Charges may be based upon information received by way of a written complaint filed with the Board; and/or any information gathered by the Board in the process of investigating a complaint. Charges may also be based upon information received solely through investigative activities undertaken by the Board.

5.6. Allegations instituted against a Registrant must be set forth in a Complaint and Notice of Hearing by the Board as the Agency of the State regulating the practice of Athletic Trainer. The Complaint and Notice of Hearing must designate the Board as the Complainant, and will designate the Registrant involved in the proceeding as the Respondent. The Complaint and Hearing Notice must state the substance of each offense with sufficient details in order to reasonably apprize the Respondent of the nature, date and place of the conduct or condition complained of therein. It must also state the date, time and place for the hearing.

5.7. Upon receipt of a demand for a hearing described in subsections 5.1 and 5.2 of this section, the Chair or his or her designee will provide the demanding party, with a Complaint and Notice of Hearing issued in the name of the Board as the Agency of the State regulating the practice of Athletic Trainer. Such Complaint and Notice of Hearing shall designate the demanding party as the Complainant and will designate the Board as the Respondent; will set out the substance of each and every reason that the Board has denied the demanding party a registration with sufficient particularity to reasonably apprize the demanding party of the nature, date and place of the conduct or condition at issue therein. It must also state the date, time and place for the hearing.

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

5.9. Hearings shall be conducted as follows:

5.9.a. Any party to a hearing has the right to be represented by an attorney-at-law, duly qualified to practice law in the State of West Virginia.

5.9.b. The Board will be represented by the West Virginia Attorney Generals Office.

5.9.c. Irrelevant, immaterial, or unduly repetitious evidence will 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 there under 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.

5.9.d. The rules of privilege recognized by the law of this State shall be followed.

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

5.9.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 registration.

5.9.g. The hearing will be held at such time and place designated by the Board, but no hearing will be conducted unless at least thirty (30) days written notice of the hearing has been served upon the charged or demanding party and/or his or her attorney in person; or if he or she cannot be found, by delivering such notice to 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 publication thereof once a week for three successive weeks in a newspaper published in this State; or such notice may be served by registered or certified mail.

5.9.h. Members of the Board and its officers, agents and employees are 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.

5.9.i. The hearing will be conducted by a quorum of the Board.

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

5.9.k. Any documentary evidence resulting from an investigation or sworn statements may be received in the form of copies or excerpts of by incorporation by reference.

5.9.l. The Board after charges have been brought against a Registrant has the burden of proof in substantiating the charges and must present its evidence and/or testimony in support of the charges first.

5.9.m. Where a hearing is held upon demand under the provisions of subsections 5.1., 5.2., 5.3., and 5.7. of this action, the demanding party has the burden of proof and will, therefore, be required to present his or her evidence first.

5.9.n. Following the conclusion of the Boards presentation of evidence, the Respondent or charged party has the right to submit his or her evidence in defense.

5.9.o. Following the conclusion of the demanding partys presentation of evidence in accordance with subsection 5.9.m. of this section, the Board has the right to offer its evidence in rebuttal.

5.9.p. The Board may call witnesses to testify in support of its decision to deny registration or in support of the charges instituted against a Registrant; may present such other evidence to support its position; and, may cross-examine witnesses called by the demanding party or charged party in support of his or her position.

5.9.q. All parties have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation, unless otherwise lengthened by the Board.

5.9.r. Hearings held by the Board as a result of charges instituted against a Registrant may be continued or adjourned to a later date or different place by the Board or its designee by appropriate notice to all parties.

5.9.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 or 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. Motions for continuance filed prior the date of the hearing will be ruled on by the Chair or Executive Secretary/Administrator of the Board. All other motions for continuance will be ruled on by the Board member(s) or the member presiding over the hearing.

5.9.t. All motions related to a case set for hearing before the Board, except motions for continuance and those made during the hearing, must be in writing and received in the office of the Board at least ten (10) days before the hearing. Prehearing motions will be heard at a prehearing conference or at the hearing prior to the commencement of testimony. The Board member(s) presiding at the hearing will hear the motions and responses from the non-moving party and rule on the motions.

W. Va. Code R. § 16-7-6 Transcription of Testimony and Evidence

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

6.2. All reported materials will be transcribed. The Board has the responsibility to make arrangements for the transcription of the reported testimony and evidence.

6.3. 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 will settle all differences arising as to whether the transcript truly discloses what occurred at the hearing and will require that the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

W. Va. Code R. § 16-7-7 Submission of Proposed Findings of fact and Conclusions of Law

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

W. Va. Code R. § 16-7-8 Orders

8.1. Any final order entered by the Board following a hearing conducted pursuant to this rule will be made pursuant to the provisions of W. Va. Code §29A-5-3. All final orders must 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 must contain findings of fact and conclusions of law.

8.2. The findings of fact and conclusions of law must be approved by a majority of the Board by vote at a regular meeting, before a final order is entered. A copy of the final order approved by a majority of the Board must be served upon the demanding or 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. § 16-7-9 Appeal

9.1. An appeal from any final order entered in accordance with this rule will comply with the §29A-6-1. et seq.

16CSR7

Series 08 Disciplinary And Complaint Procedures For Athletic Trainers

W. Va. Code R. § 16-8-1 General

1.1. Scope. -- This rule specifies a procedure for the investigation and resolution of complaints against Registered Athletic Trainers.

1.2. Authority. -- W. Va. Code §30-20A-1 et seq.

1.3. Filing Date. -- August 12, 2010.

1.4. Effective Date. -- September 11, 2010.

W. Va. Code R. § 16-8-2 Application

2.1. This rule applies to all registered Athletic Trainers.

W. Va. Code R. § 16-8-3 Definitions

The following words and phrases as used in these rules shall have the following meanings, unless the context otherwise requires:

3.1. Applicant means any person making application for an original or renewal registration to act as an athletic trainer.

3.2. Board means the West Virginia Board of Physical Therapy established under article twenty of chapter 30.

3.3. Registrant means a person registered as an athletic trainer.

3.4. Registration means a document issued by the board to practice athletic training.

W. Va. Code R. § 16-8-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Registration of Athletic Trainers

The Board may deny an application for registration, place a Registrant on probation, limit or restrict a Registrant, suspend a Registrant or revoke any registration issued by the Board, upon satisfactory proof that a Registrant has been convicted of a felony or is, in his or her professional capacity, engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §30-20A-1 et seq.

W. Va. Code R. § 16-8-5 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 a Registrant or Applicant with a violation of W. Va. Code §30-20A-1 et seq. The Board may provide a form for that purpose, but a complaint may be filed in any written form. In addition to describing the alleged violation which prompted the complaint, the complaint must contain the following:

5.1.a. The name and address of the Registrant or Applicant against whom the complaint is lodged;

5.1.b. The date of care;

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

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

5.2. A complaint against a Registrant shall allege that such person has been convicted of a felony or is, in his or her professional capacity, engaging in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §30-20A-1 et seq.

5.3. 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.

5.4. The Board shall maintain a complaint log which records the receipt of each complaint, its nature and its disposition.

5.5. The Board shall maintain a separate file on each complaint received, and each file will have a number assigned to it.

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

5.6.a. That the matter will be reviewed by the Board;

5.6.b. That the complaint is outside the jurisdiction of the Board;

5.6.c. That additional information is required in order to adequately review the individual complaint.

5.7. The Board will send a copy of the complaint, including any supporting documentation, by certified mail to the Registrant in question for his or her written comment. He or she must submit a written response to the Board within thirty (30) days of the receipt of such correspondence, or waive the right to do so.

5.8. Requests for comment on complaints sent to Registrant shall be considered properly served when sent to their last known address. It is the responsibility of the Registrant or Applicant to keep the Board informed of his or her current address.

5.9. Upon receipt of Registrant comments in response to a complaint, the Board will promptly send a copy of the response, including any supporting documentation, to the complainant.

5.10. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of sub-division 5.6.b. of this rule, the Board will conduct or authorize to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations in the complaint. The review of complaints and any investigation may, at the discretion of the Board, be assigned to a committee of the Board.

5.11. At any point in its investigation of a complaint the Board may, at its discretion, assign the matter to an Ethics Investigator for review and investigation.

5.12. Upon receipt of a complaint the Ethics Investigator will, within sixty (60) days, review and investigate the complaint and provide the Board with a report. The report must include 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 a statement of the Ethics Investigators findings and recommendations. The Ethics Investigator will, upon request, be afforded an opportunity to have an investigation interview with the Registrant in question or other involved parties; a report of which will be placed in the investigation file.

5.14. The Board, its Chairperson, the investigating committee or Executive Secretary/Administrator may issue subpoenas and subpoenas duces tecum to complete the Boards investigation and to determine the truth or validity of complaints. The Ethics Investigator may request the Board, its Chairperson or Executive Secretary/Administrator to issue a subpoena or subpoena duces tecum. Any subpoena request must be accompanied by a brief statement explaining the need for the subpoena.

5.15. 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 Registrant may be sanctioned by the Board. In the event the review and investigation of a complaint is assigned to a committee or an Ethics Investigator, the committee or Ethics Investigator shall make their respective findings and recommendations to the Board prior to the Board dismissing the complaint.

W. Va. Code R. § 16-8-6 Contested Case Hearings

6.1. The Board may refuse to renew a registration or suspend a registration if it determines there is probable cause to believe that a Registrant conduct, practices or acts constitute an immediate danger to the public.

W. Va. Code R. § 16-8-7 Appeals

7.1. Any applicant who has had his or her application for a registration denied, a registration suspended, or a registration revoked by order of the Board may appeal the order within thirty (30) days of that action in accordance with the contested case hearing procedures set forth in W. Va. Code §29A-6-1 et seq. Provided, that the appeal shall not include cases in which the Board denies a license or certificate after an examination to test the knowledge or the ability of the applicant where the controversy concerns whether the examination was fair or whether the applicant passed the examination.

16CSR8

Title 16 W. Va. C.S.R.

Physical Therapy Physical Therapy

Series 01 General Provisions for Physical Therapist and Physical Therapist Assistant

W. Va. Code R. § 16-1-1 General

W. Va. Code R. § 16-1-2 Definitions

W. Va. Code R. § 16-1-3 Applications

W. Va. Code R. § 16-1-4 Scores

W. Va. Code R. § 16-1-5 Issuance, Renewal or Reinstatement of License

W. Va. Code R. § 16-1-6 Criminal History Record Check

W. Va. Code R. § 16-1-7 Physical Therapy Student

W. Va. Code R. § 16-1-8 Temporary Permit for Physical Therapists and Physical Therapist Assistants

W. Va. Code R. § 16-1-9 Scope of Practice for Physical Therapists

W. Va. Code R. § 16-1-10 Supervision of a Physical Therapist Assistant

W. Va. Code R. § 16-1-11 Licensing Individuals outside the United States

W. Va. Code R. § 16-1-12 Continuing Education

W. Va. Code R. § 16-1-13 Telehealth

W. Va. Code R. § 16-1-14 Re-entry to Practice

Series 02 Contested Case Hearing Procedure

W. Va. Code R. § 16-2-1 General. 1.1 Scope. -- This rule specifies the procedure for the adjudication of contested case hearings before the Board

W. Va. Code R. § 16-2-2 Definitions

W. Va. Code R. § 16-2-3 Conferences; Informal Disposition of Cases

W. Va. Code R. § 16-2-4 Depositions

W. Va. Code R. § 16-2-5 Subpoenas

W. Va. Code R. § 16-2-6 Hearing Procedure

W. Va. Code R. § 16-2-7 Transcription of Testimony and Evidence

W. Va. Code R. § 16-2-8 Submission of Proposed Findings of fact and Conclusions of Law

W. Va. Code R. § 16-2-9 Orders

W. Va. Code R. § 16-2-10 Appeal

Series 03 Disciplinary And Complaint Procedures

W. Va. Code R. § 16-3-1 General

W. Va. Code R. § 16-3-2 Application

W. Va. Code R. § 16-3-3 Definitions

W. Va. Code R. § 16-3-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Physical Therapists

W. Va. Code R. § 16-3-5 Disposition of Complaints

W. Va. Code R. § 16-3-6 Contested Case Hearings

W. Va. Code R. § 16-3-7 Appeals

Series 04 Fees for Physical Therapist and Physical Therapist Assistant

W. Va. Code R. § 16-4-1 General

W. Va. Code R. § 16-4-2 Fees

Series 05 General Provisions for Athletic Trainers

W. Va. Code R. § 16-5-1 General

W. Va. Code R. § 16-5-2 Definitions

W. Va. Code R. § 16-5-3 Applications

W. Va. Code R. § 16-5-4 Scores

W. Va. Code R. § 16-5-5 Issuance, Renewal or Reinstatement of License

W. Va. Code R. § 16-5-6 Criminal History Record Check

W. Va. Code R. § 16-5-7 Temporary Permit for Athletic Trainers

W. Va. Code R. § 16-5-8 Scope of Practice for Athletic Trainers

W. Va. Code R. § 16-5-9 Athletic Training student and/or permittee

W. Va. Code R. § 16-5-10 Licensing Individuals outside the United States

W. Va. Code R. § 16-5-11 Continuing Education

W. Va. Code R. § 16-5-12 Dry Needling

W. Va. Code R. § 16-5-13 Telehealth

Series 06 Fees for Athletic Trainers

W. Va. Code R. § 16-6-1 General

W. Va. Code R. § 16-6-2 Fees

Series 07 Contested Case Hearing Procedure For Athletic Trainers

W. Va. Code R. § 16-7-1 General

W. Va. Code R. § 16-7-2 Definitions

W. Va. Code R. § 16-7-3 Conferences; Informal Disposition of Cases

W. Va. Code R. § 16-7-4 Depositions

W. Va. Code R. § 16-7-5 Hearing Procedure

W. Va. Code R. § 16-7-6 Transcription of Testimony and Evidence

W. Va. Code R. § 16-7-7 Submission of Proposed Findings of fact and Conclusions of Law

W. Va. Code R. § 16-7-8 Orders

W. Va. Code R. § 16-7-9 Appeal

Series 08 Disciplinary And Complaint Procedures For Athletic Trainers

W. Va. Code R. § 16-8-1 General

W. Va. Code R. § 16-8-2 Application

W. Va. Code R. § 16-8-3 Definitions

W. Va. Code R. § 16-8-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Registration of Athletic Trainers

W. Va. Code R. § 16-8-5 Disposition of Complaints

W. Va. Code R. § 16-8-6 Contested Case Hearings

W. Va. Code R. § 16-8-7 Appeals

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