West Virginia Code 30-20-4 – West Virginia Board of Physical Therapy
(a) The West Virginia Board of Physical Therapy is continued. The members of the board in office on July 1, 2010, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
Terms Used In West Virginia Code 30-20-4
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Board: means the West Virginia Board of Physical Therapy. See West Virginia Code 30-20-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means a physical therapist license or license to act as a physical therapist assistant issued under the provisions of this article. See West Virginia Code 30-20-3
- Physical therapist: means a person engaging in the practice of physical therapy who holds a license or permit issued under the provisions of this article. See West Virginia Code 30-20-3
- Physical therapist assistant: means a person holding a license or permit issued under the provisions of this article 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. See West Virginia Code 30-20-3
- Quorum: The number of legislators that must be present to do business.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) To be effective July 1, 2010, the Governor shall appoint, by and with the advice and consent of the Senate:
(1) One person who is a physical therapist assistant for a term of five years; and
(2) One citizen member, who is not licensed under the provisions of this article and who does not perform any services related to the practice of the professions regulated under the provisions of this article or have a financial interest in any health care profession, for a term of three years.
(c) Commencing July 1, 2010, the board shall consist of the following seven members:
(1) Five physical therapists;
(2) One physical therapist assistant; and
(3) One citizen member.
(d) After the initial appointment term, the term shall be for five years. All appointments to the board shall be made by the Governor by and with the advice and consent of the Senate.
(e) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for a period of not less than five years immediately preceding the appointment.
(f) Each member of the board must be a resident of this state during the appointment term.
(g) A member may not serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified.
(h) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.
(i) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(j) A licensed member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked.
(k) Any member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.
(l) The board shall elect annually one of its members as chairperson who serves at the will of the board.
(m) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.
(n) A majority of the members of the board constitutes a quorum.
(o) The board shall hold at least two annual meetings. Other meetings may be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.
(p) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.