§30-20-2 Definitions.
§30-20-2. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) "Applicant" means any person making application for an original or renewal license or a temporary permit under the provisions of this article.
(b) "Board" means the West Virginia board of physical therapy.
(c) "Licensed physical therapist" means any physical therapist holding a license or temporary permit issued under the provisions of this article or under the former provisions of this article.
(d) "Licensed physical therapy assistant" means any physical therapy assistant holding a license or temporary permit issued under the provisions of this article.
(e) "Licensee" means any person holding a license or temporary permit issued under the provisions of this article or under the former provisions of this article.
(f) "Physical therapy" means the therapeutic treatment of any person by the use of massage, mechanical stimulation, heat, cold, light, air, water, electricity, sound and exercise, including mobilization of the joints and training in functional activities, for the purpose of correcting or alleviating any physical or mental condition or preventing the development of any physical or mental disability, and the performance of neuro-muscular-skeletal tests and measurements as an aid in diagnosis, evaluation or determination of the existence of and the extent of any body malfunction: Provided, That electromyography examination and electrodiagnostic studies other than the determination of chronaxia and strength duration curves shall not be performed except under the supervision of a physician electromyographer and electrodiagnostician. Physical therapy does not include the use of radiology and radium for diagnostic and therapeutic purposes, or the use of electricity for surgical purposes, including cauterization.
(g) "Physical therapist" means a person who engages in the practice of physical therapy.
(h) "Physical therapy aide" means a person, other than a physical therapy assistant, who assists a licensed physical therapist in the practice of physical therapy under the direct supervision of such licensed physical therapist and who also performs activities supportive of but not involving assistance in the practice of physical therapy.
(1) As contained in this section, the term "direct supervision" means the actual physical presence of the physical therapist in the immediate treatment area where the treatment is being rendered.
(i) "Physical therapy assistant" means a person who assists in the practice of physical therapy by performing patient-related activities delegated to him or her by a licensed physical therapist and performed under the supervision of a licensed physical therapist, with the scope of such supervision to be defined by the board by legislative rule, and which patient-related activities are commensurate with his or her education and training, including physical therapy procedures, but not the performance of evaluation procedures or determination and modification of patient programs: Provided, That the board shall, on or before the first day of July, one thousand nine hundred ninety-nine, propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, which rules shall govern the scope of supervision of physical therapy assistants.
(j) "Practice of physical therapy" means the rendering or offering to render for a fee, salary or other compensation, monetary or otherwise, any service involving physical therapy. However, for the purpose of section three of this article, the term "practice of physical therapy" shall not include:
(1) Teaching physical therapy as part of employment at an institution of higher learning;
(2) The activities of a student of physical therapy, physical therapy extern or physical therapy intern, which activities are a part of and are engaged in pursuant to a course of study at an institution of higher learning, including, but not limited to, activities conducted at the institution of higher learning and activities conducted outside the institution if under the direct supervision of a licensed physical therapist;
(3) The activities of a physical therapy aide if all activities of such physical therapy aide involving assistance in the practice of physical therapy are performed under the direct supervision of a licensed physical therapist; or
(4) The administration of simple massages and the operation of health clubs so long as not intended to constitute or represent the practice of physical therapy.