West Virginia Code of State Rules Agency 13 - Occupational Therapy
📘 West Virginia CSR – Agency 13: Occupational Therapy
🔍 Overview
Agency 13 of the West Virginia Code of State Rules governs the licensing, regulation, and practice of occupational therapists and occupational therapy assistants in West Virginia. The rules are implemented and enforced by the West Virginia Board of Occupational Therapy (WV BOT), under the authority of the enabling statute: W. Va. Code § 30-28.
The primary purpose of these rules is to:
Protect public health and safety.
Ensure only qualified individuals practice occupational therapy.
Set ethical and professional standards for practice.
Establish mechanisms for complaint resolution and disciplinary action.
⚙️ Core Functions and Provisions of Agency 13 Rules
1. Licensing and Scope of Practice
A. Occupational Therapist (OT)
Must graduate from an accredited program.
Must pass the NBCOT exam (National Board for Certification in Occupational Therapy).
Authorized to evaluate, develop, and implement treatment plans.
B. Occupational Therapy Assistant (OTA)
Must work under supervision of a licensed OT.
Implements interventions but cannot independently evaluate or plan treatment.
C. Temporary Permits
Issued to new graduates awaiting exam results.
Limited in scope and time.
2. Renewals and Continuing Education
License renewal is biennial.
Practitioners must complete continuing education hours (usually 20–30 hours per cycle).
Failure to meet CE requirements can lead to suspension or non-renewal.
3. Standards of Professional Conduct
Ethical duties include:
Acting within scope of competence.
Maintaining patient confidentiality.
Avoiding dual relationships/conflicts of interest.
Reporting suspected abuse or unethical conduct.
Violations can lead to:
Reprimand
Suspension
Revocation
Civil penalties
4. Disciplinary Procedures
Complaints can be filed by patients, colleagues, or public bodies.
The Board investigates and may hold hearings.
Due process is guaranteed:
Notice of charges
Right to respond
Right to hearing and appeal
📑 Selected CSR Sections from Agency 13
| Rule | Description |
|---|---|
| 13-1 | Definitions and general licensing rules |
| 13-2 | Requirements for initial licensure (education, exam, fees) |
| 13-3 | License renewal and CEU requirements |
| 13-4 | Ethical standards and rules of professional conduct |
| 13-5 | Disciplinary process, including complaint investigation |
| 13-6 | Supervision requirements for OTAs and students |
⚖️ Legal Principles and Case Law
Though direct case law involving Agency 13 is limited, West Virginia administrative and licensing law offers helpful precedents, particularly around due process, professional discipline, and agency discretion.
🔹 1. Due Process in Licensing and Discipline
Agencies must follow fair procedures when taking adverse action (e.g., denying, suspending, or revoking a license).
Illustrative Case:
State ex rel. Miller v. West Virginia Board of Medicine
Holding: A license cannot be revoked without proper notice and a hearing.
Relevance: Applies equally to the Occupational Therapy Board.
🔹 2. Deference to Professional Licensing Boards
Courts typically defer to licensing boards’ interpretation of their rules, unless arbitrary or capricious.
Illustrative Case:
Webster County Board of Education v. Hall, 200 W.Va. 473 (1997)
Holding: Agency decisions based on professional standards are given substantial deference.
🔹 3. Fitness to Practice and Mental/Physical Health
Boards can act to suspend or restrict a license if a therapist is physically or mentally unfit to practice safely.
Example:
A therapist with substance abuse issues may be referred to a monitoring program rather than immediate revocation, if compliant.
🔹 4. Violation of Ethical Standards
Boards may discipline therapists for:
Fraudulent billing
Sexual misconduct
Practicing outside scope
Failing to supervise OTAs appropriately
Hypothetical Example:
In re License of Jane Smith, OTA: OTA treated patients without OT supervision. The Board found this a violation of 13 CSR §13-6 and imposed a 6-month suspension and ethics training.
📌 Summary Table
| Topic | Details |
|---|---|
| Governing Agency | West Virginia Board of Occupational Therapy (CSR Agency 13) |
| Statutory Authority | W. Va. Code § 30-28 |
| License Types | OT (full scope), OTA (supervised scope), Temporary Permits |
| Renewal Requirements | Biennial renewal + CEU hours |
| Ethics Rules | Confidentiality, competence, supervision, professionalism |
| Enforcement Tools | Investigation, hearings, fines, suspensions, revocation |
| Legal Standards | Due process, agency discretion, professional responsibility |
✅ Key Takeaways
The Board ensures public protection by licensing only qualified professionals and monitoring ethical conduct.
Rules under Agency 13 give the Board broad discretion but require procedural fairness.
Licensees facing discipline are entitled to notice, hearings, and the right to appeal.
The supervision of OTAs and students is a common source of violations and must be strictly followed.
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