H. B. 3006
(By Delegate Morgan)
[Introduced February 12, 2007; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §30-20-4 of the Code of West Virginia,
1931, as amended, relating to limiting the number of terms a
member of the Board of Physical Therapy may serve.
Be it enacted by the Legislature of West Virginia:
That §30-20-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-4. West Virginia Board of Physical Therapy continued;
members, terms, meetings, officers, oath,
compensation and expenses; general provisions.
(a) The West Virginia state board of examiners and
registration of physical therapists heretofore created shall
continue in existence but on and after the effective date of this
article shall be known and designated as "the West Virginia Board of Physical Therapy and shall consist consists of five members
appointed by the Governor by and with the advice and consent of the
Senate. The three members of the board in office on the effective
date of this article shall the amendments made to this section
during the regular session of the Legislature in two thousand
seven, may, unless sooner removed, continue to serve until their
terms expire and until their successors have been appointed and
have qualified. Members shall be appointed for overlapping terms
of five years, so that one term expires each year, or until their
successors have been appointed and have qualified. Any vacancy
shall be filled by appointment by the Governor for the unexpired
term of the member whose office shall be is vacant and any such the
appointment shall be made within sixty days of the occurrence of
such the vacancy. The Governor may remove any member of the board
in case of incompetency, neglect of duty, gross immorality or
malfeasance in office.
(b) Each member of the board must is required to be licensed
under the provisions of this article or under the former provisions
of this article, have at least three years' experience as a
physical therapist and be actively engaged in the practice of
physical therapy. Members may be reappointed for any number of
terms only serve for two consecutive full terms. A member
completing a term after the effective date of the amendments made
to this section during the regular session of the Legislature in two thousand seven, may not be reappointed if the term the member
has completed is the second of two consecutive full terms. A
member who has served two consecutive terms may be appointed to
another term only after at least two years have passed since the
member's last term. Before entering upon the performance of this
duty, each member shall take and subscribe to the oath prescribed
by section five, article IV of the constitution of this state.
(c) The board shall elect from its membership a chairman
chairperson and secretary who shall serve at the will and pleasure
of the board. A majority of the members of the board shall
constitute is a quorum. and Meetings shall be held at the call of
the chairman chairperson or upon the written request of three
members at such the time and place as designated in such the call
or request and, in any event, the board shall meet at least once
annually to transact business as may come before it. Members may
be paid such reasonable compensation as the board may from time to
time determine, and in addition may be reimbursed for all
reasonable and necessary expenses actually incurred in the
performance of their duties compensation and reimbursed for actual
and necessary expenses as provided in section eleven, article one
of this chapter, which compensation and expenses shall be paid in
accordance with the provisions of subsection (b), section five of
this article.
NOTE: The purpose of this bill is to limit, to two, the
number of consecutive terms a member of the Board of Physical
Therapy may serve.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.