West Virginia Code 30-28-5 – West Virginia Board of Occupational Therapy
(a) The West Virginia Board of Occupational Therapy is continued with the following five members appointed by the Governor by and with the advice and consent of the Senate:
Terms Used In West Virginia Code 30-28-5
- 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.
- Association: means the West Virginia Occupational Therapy Association. See West Virginia Code 30-28-3
- Board: means the West Virginia Board of Occupational Therapy. See West Virginia Code 30-28-3
- 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 valid and current license issued by the board under the provisions of this article. See West Virginia Code 30-28-3
- Occupational Therapist: means a person licensed by the board under the provisions of this article to engage in the practice of occupational therapy. See West Virginia Code 30-28-3
- Occupational Therapy Assistant: means a person licensed by the board under the provisions of this article to assist in the practice of occupational therapy under the general supervision of an Occupational Therapist. See West Virginia Code 30-28-3
- 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
(1) Three licensed occupational therapists;
(2) One licensed occupational therapy assistant; and
(3) One citizen member, who is not licensed under the provisions of this article.
(b) The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, consulting or conducting research in occupational therapy for at least three years immediately preceding their appointments.
(c) No board member may serve as an officer of the West Virginia Occupational Therapy Association concurrently with his or her service on the board.
(d) The members of the board in office on December 31, 2008, shall, unless sooner removed, continue to serve until their respective terms expire or their successors have been appointed and qualified.
(e) The term shall be for three years commencing on January 1. A member may not serve more than two consecutive full terms. A member having served two consecutive full terms may not be appointed for one year after completion of his or her second full term. A member may continue to serve until a successor has been appointed and qualified.
(f) 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 three years immediately preceding the appointment.
(g) Each member of the board must be a resident of this state during the appointment term.
(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 member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked, is convicted of a felony under the laws of any jurisdiction, or becomes a nonresident of this state.
(k) The board shall elect annually one of its members as chairperson who serves at the will of the board.
(l) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.
(m) A majority of the members of the board constitutes a quorum.
(n) 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.
(o) 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.