§30-20-5 Powers and duties of board; funds of board.
§30-20-5. Powers and duties of board; funds of board.
(a) The board shall:
(1) Examine applicants and determine their eligibility for a license or temporary permit to engage in the practice of physical therapy or to act as a physical therapy assistant, as the case may be;
(2) Provide for the administration of an examination of applicants for a license to engage in the practice of physical therapy and a separate examination of applicants for a license to act as a physical therapy assistant;
(3) Determine the time and place for any such examinations and the passing score for each such separate examination;
(4) Propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code implementing the provisions of this article and the powers and duties conferred upon the board hereby, including, but not limited to:
(A) Reasonable rules establishing standards to ensure that the activities of a licensed physical therapy assistant are performed in accordance with the definitional requirements of a physical therapy assistant as specified in subsection (i), section two of this article, which reasonable rules shall require that there be no more than two physical therapy assistants licensed to practice in this state for every physical therapist so licensed and shall require that no more than two physical therapy assistants be performing under the supervision of a licensed physical therapist at any one time;
(B) Reasonable rules establishing standards to ensure that those activities of a physical therapy aide are performed in accordance with the definitional requirements specified in subsection (h), section two of this article; and
(C) Rules establishing reasonable licensing and examination fees as provided in this article and in accordance with section six, article one, chapter thirty of this code;
(5) Issue, renew, deny, suspend or revoke licenses and temporary permits to engage in the practice of physical therapy or licenses and temporary permits to act as physical therapy assistants in accordance with the provisions of this article and, in accordance with the administrative procedures hereinafter provided, may renew, affirm, reverse, vacate or modify its order with respect to any such denial, suspension or revocation;
(6) Investigate alleged violations of any provision of this article, any reasonable rule promulgated hereunder and any order or final decision of the board and take appropriate disciplinary action against any licensee for the violation thereof or institute appropriate legal action for the enforcement of any provision of this article, any reasonable rule promulgated hereunder and any order or final decision of the board or take such disciplinary action and institute such legal action;
(7) Purchase or rent necessary office space, equipment and supplies and employ, direct, discharge and define the duties of an executive secretary and other full-time or part-time professional, clerical or other personnel necessary to effectuate the provisions of this article;
(8) Maintain a register listing the name of every licensed physical therapist and licensed physical therapy assistant, his or her last known place of business or employment and last known residence, and the date and certificate number of his or her license; prepare annually from such register a list of every such licensed physical therapist and licensed physical therapy assistant; furnish the list to any hospital, physician or other interested person who makes application therefor and who pays to the board the reasonable cost of the copy of such list;
(9) Keep accurate and complete records of its proceedings, certify the same as may be appropriate and submit to the governor a report on the transactions of the board including an accounting of all money received and disbursed;
(10) Whenever it deems it appropriate, confer with the attorney general or his or her assistants in connection with all legal matters and questions, whose responsibility it shall be to render all legal assistance required; and
(11) Take such other action as may be reasonably necessary and appropriate to effectuate the provisions of this article.
(b) All moneys paid to the board shall be accepted by a person designated by the board and deposited by him or her with the treasurer of the state and credited to an account to be known as the "West Virginia Board of Physical Therapy": Provided, That all moneys collected as fines shall be paid into the general revenue fund. The compensation of and the reimbursement of all reasonable and necessary expenses actually incurred by the members of the board and all other costs and expenses incurred by the board in the administration of this article shall be paid from the board's fund, and no part of the state's general revenue fund shall be expended for such purpose.