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Chapter 30     Entire Code
‹ Chapter 29C  |  Chapter 31 › Printer Friendly Versions
Chapter 30  |  Article 30 - 32  |  Section 8

1 - GENERAL PROVISIONS APPLICABLE T

1A - PROCEDURE FOR REGULATION OF OC

1B - PROVISIONS APPLICABLE TO MILIT

2 - ATTORNEYS-AT-LAW

2A - MEDICAL LICENSING BOARD

3 - WEST VIRGINIA MEDICAL PRACTICE

3A - MANAGEMENT OF INTRACTABLE PAIN

3B - MOBILE INTENSIVE CARE PARAMEDI

3C - HEALTH CARE PEER REVIEW ORGANI

3D - PHYSICIAN HEALTH PROGRAMS

3E - PHYSICIAN ASSISTANTS PRACTICE

4 - WEST VIRGINIA DENTAL PRACTICE A

4A - ADMINISTRATION OF GENERAL ANES

4B - DENTAL LABORATORY SERVICES

5 - PHARMACISTS, PHARMACY TECHNICIA

6 - BOARD OF FUNERAL SERVICE EXAMIN

7 - REGISTERED PROFESSIONAL NURSES

7A - PRACTICAL NURSES

7B - CENTER FOR NURSING

7C - DIALYSIS TECHNICIANS

7E - NURSE HEALTH PROGRAMS

8 - OPTOMETRISTS

9 - ACCOUNTANTS

10 - VETERINARIANS

10A - ANIMAL EUTHANASIA TECHNICIAN

11 - CHIROPODISTS-PODIATRISTS

12 - ARCHITECTS

13 - ENGINEERS

13A - LAND SURVEYORS

14 - OSTEOPATHIC PHYSICIANS AND SU

14A - ASSISTANTS TO OSTEOPATHIC PH

15 - NURSE-MIDWIVES

16 - CHIROPRACTORS

17 - SANITARIANS

18 - PRIVATE INVESTIGATIVE AND SEC

19 - FORESTERS

20 - PHYSICAL THERAPISTS

20A - ATHLETIC TRAINERS

21 - PSYCHOLOGISTS; SCHOOL PSYCHOL

22 - LANDSCAPE ARCHITECTS

23 - RADIOLOGIC TECHNOLOGISTS

24 - QUALIFICATION OF ARMED FORCES

25 - NURSING HOME ADMINISTRATORS

26 - HEARING-AID DEALERS AND FITTE

27 - BOARD OF BARBERS AND COSMETOL

28 - WEST VIRGINIA OCCUPATIONAL TH

29 - LAW-ENFORCEMENT TRAINING AND

29A - STANDARDS FOR PROFESSIONAL F

30 - SOCIAL WORKERS

31 - LICENSED PROFESSIONAL COUNSEL

33 - TATTOO STUDIO BUSINESS

34 - BOARD OF RESPIRATORY CARE PRA

35 - BOARD OF DIETITIANS

36 - ACUPUNCTURISTS

37 - MASSAGE THERAPISTS

38 - THE REAL ESTATE APPRAISER LIC

38A - APPRAISAL MANAGEMENT COMPANI

39 - UNIFORM ATHLETE AGENTS ACT

40 - WEST VIRGINIA REAL ESTATE LIC

WVC 30- CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

WVC 30 - 32 - ARTICLE 32. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.

WVC 30 - 32 - 1 §30-32-1. Unlawful acts; criminal penalties.

     (a) It is unlawful for any person to practice or offer to practice speech-language pathology or audiology in this state, or advertise or use any title or description tending to convey the impression that the person is a speech-language pathologist or audiologist unless the person has been licensed under the provisions of this article, and the license has not expired, been suspended or revoked.

     (b) As of July 1, 2014, it is unlawful for any person to practice or represent that he or she is qualified to practice as a speech-language pathology assistant or an audiology assistant unless the person has registered with the West Virginia Board of Examiners for Speech-Language Pathology and Audiology under the provisions of this article, and the registration has not expired, been suspended or revoked.

     (c) It is unlawful for any business entity, except through a licensee, to render any service or engage in any activity which if rendered or engaged in by an individual, would constitute the practices licensed under the provisions of this article.

     (d) Any person violating any provision of subsections (a), (b) or (c) of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both.

WVC 30 - 32 - 2 §30-32-2. Exemptions.

     Nothing in this article prevents or restricts:

     (1) Any person licensed or registered under any other law of this state from practicing the profession and performing services for which he or she is licensed or registered;

     (2) A licensed physician or surgeon while engaging in the profession for which he or she is licensed;

     (3) A trained individual providing hearing testing or balance system assessment under the direct supervision of a licensed physician or surgeon;

     (4) A person credentialed by this state as a teacher of the deaf;

     (5) The activities and services of persons pursuing a course of study leading to a degree in speech-language pathology or audiology at a college or university, if:

     (A) These activities and services constitute a part of a planned course of study at that institution;

     (B) They are designated by a title such as intern, trainee, student or other title clearly indicating the status appropriate to their level of education; and

     (C) They work under the supervision of a person licensed by this state to practice speech-language pathology or audiology;

     (6) The activities of persons who are nonresidents of this state from engaging in the practice of speech-language pathology or audiology if the activities of the persons do not exceed five days in any calendar year and they:

     (A) Meet the qualifications of this article;

     (B) Register with the board in accordance with procedures specified by the board; and

     (C) Abide by the standards of professional conduct;

     (7) The practice of a licensed hearing aid dealer engaged solely in the practice of dealing in or fitting of hearing aids; or

     (8) The activity of an occupational hearing conservationist engaged in hearing testing as part of a hearing conservation program in compliance with regulations of the Occupational Safety and Health Administration.

WVC 30 - 32 - 3 §30-32-3. General provisions.

     The practices licensed under the provisions of this article and the West Virginia Board of Examiners for Speech-Language Pathology and Audiology are subject to the provisions of article one of this chapter, the provisions of this article and any rules promulgated hereunder.

WVC 30 - 32 - 4 §30-32-4. Definitions.

     The following terms have the following meanings:

     (1) "Applicant" means a person applying for a license required by this article.

     (2) "Assistant" means a registered speech-language pathology assistant or a registered audiology assistant.

     (3) "Audiologist" means a person who engages in the practice of audiology and is licensed pursuant to the provisions of this article.

     (4) "Audiology" means the application of principles, methods, and procedures related to hearing and the disorders of hearing and to related language and speech disorders.

     (5) "Audiology assistant" means a person registered with the board who practices under the supervision of an licensed audiologist.

     (6) "Audiology disorders" means any and all conditions, whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communication including, but not limited to, disorders of auditory sensitivity, acuity, function or processing.

     (7) "Board" means the West Virginia Board of Speech-Language Pathology and Audiology.

     (8) "Business entity" means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity.

     (9) "Direct supervision" means the actual physical presence of a supervising licensed speech-language pathologist or supervising licensed audiologist in the room where treatment is provided by an assistant.

     (10) "General supervision" means initial direction and periodic inspection of the activities of an assistant by the supervising licensed speech-language pathologist or supervising licensed audiologist, who is physically present in the building where treatment is provided and is quickly and easily available.

     (11) "Initial supervision training" means training required of supervising licensed speech-language pathologists and supervising licensed audiologists before providing supervision of assistants.

     (12) "Instruction" means:

     (A) Providing speech-language pathology or audiology services in infant/toddler, preschool, elementary or secondary school programs; or

     (B) Teaching students in institutions of higher education.

     (13) "License" means a license issued pursuant to the provisions of this article.

     (14) "Licensee" means a person who is licensed pursuant to the provisions of this article.

     (15) "Provisional license" means a license issued pursuant to the provisions of this article.

     (16) "Registrant" means an assistant who is registered pursuant to the provisions of this article.

     (17) "Registration" means a registration issued pursuant to the provisions of this article.

     (18) "Speech-language pathologist" means any person who engages in the practice of speech-language pathology and who is licensed pursuant to the provisions of this article.

     (19) "Speech-language pathology" means the application of principles, methods and procedures related to the development, disorders and effectiveness of human communication and related functions.

     (20) "Speech-language pathology assistant" means a person registered with the board who practices under the supervision of a licensed speech-language pathologist.

     (21) "Speech-language pathology disorders" means conditions, whether of organic or nonorganic origin, that impede the normal process of human communication including, but not limited to, disorders and related disorders of speech, articulation, fluency, voice, verbal and written language, Auditory comprehension, cognition/communication, and oral, pharyngeal and/or laryngeal sensorimotor competencies.

     (22) "Telepractice" means the application of telecommunication technology to deliver speech-language pathology or audiology services through real time interaction from one site to another for assessment, intervention or consultation in a manner sufficient to ensure patient confidentiality.

WVC 30 - 32 - 5 §30-32-5. Board of Examiners for Speech-language Pathology and Audiology.

     (a) The West Virginia Board of Examiners for Speech-Language Pathology and Audiology is continued. The members of the board in office on July 1, 2013 may, unless sooner removed, continue to serve until their respective terms expire or until their successors have been appointed and qualified.

     (b) The board consists of the following members appointed by the Governor by and with the advice and consent of the Senate:

     (1) Two persons who are licensed speech-language pathologists;

     (2) Two persons who are licensed audiologists; and

     (3) One citizen member who is not licensed or registered under this article.

     (c) The terms are for three years. No member may serve for more than two consecutive terms.

     (d) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for at least three years.

     (e) Each member of the board must be a resident of this state during the appointment term.

     (f) No board member may serve as an officer of the West Virginia Speech Language and Hearing Association concurrently with his or her service on the board.

     (g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.

     (h) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.

     (i) A licensed member of the board immediately and automatically forfeits membership to the board if his or her license or registration to practice is suspended or revoked.

     (j) A member of the board immediately and automatically forfeits membership to the board if he or she 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 and one of its members as secretary-treasurer who shall serve at the will and pleasure of the board.

     (l) Each member of the board is entitled to receive 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 one annual meeting. Other meetings shall be held at the call of the chairperson or upon the written request of four 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.

     (p) Board members are immune from civil liability for the performance of their official duties so long as they act in good faith.

WVC 30 - 32 - 6 §30-32-6. Powers and duties of the board.

     (a) The board has all the powers and duties set forth in this article, by legislative rule, in article one of this chapter and elsewhere in law.

     (b) The board shall:

     (1) Hold meetings and conduct hearings;

     (2) Establish requirements for licenses and registrations;

     (3) Establish procedures for submitting, approving and rejecting applications for licenses and registrations;

     (4) Determine the qualifications of any applicant for a license or registration;

     (5) Communicate disciplinary actions to relevant state and federal authorities, the American Speech-Language-Hearing Association, the West Virginia Speech-Language and Hearing Association and other applicable authorities when public safety is at risk;

     (6) Maintain an office and hire, discharge, establish the job requirements and fix the compensation of employees and contracted employees necessary to enforce the provisions of this article;

     (7) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;

     (8) Conduct disciplinary hearings of persons regulated by the board;

     (9) Determine disciplinary action and issue orders;

     (10) Institute appropriate legal action for the enforcement of the provisions of this article;

     (11) Maintain an accurate registry of names and addresses of all persons regulated by the board;

     (12) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;

     (13) Issue, renew, combine, deny, suspend, revoke or reinstate licenses and registrations pursuant to the provisions of this article;

     (14) Establish a fee schedule;

     (15) Take all actions necessary and proper to effectuate the purposes of this article; and

     (16) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article.

     (c) The board may:

     (1) Approve and contract with third parties to administer the examinations required under the provisions of this article;

     (2) Sue and be sued in its official name as an agency of this state;

     (3) Confer with the Attorney General or his or her assistants in connection with legal matters and questions; and

     (4) Perform random audits of continuing education, supervision records and documentation of licensure and registration requirements to determine compliance with this article.

WVC 30 - 32 - 7 §30-32-7. Rulemaking.

     (a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:

     (1) Standards and requirements for licenses and registrations;

     (2) Requirements, qualifications and designation of third parties to establish educational requirements and to prepare and/or administer examinations and reexaminations;

     (3) Procedures for the issuance and renewal of a license, registration and provisional license;

     (4) A fee schedule;

     (5) Continuing education and competency requirements for licensees and registrants;

     (6) Establishment of competency standards;

     (7) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee or registrant;

     (8) Requirements for reinstatement of revoked licenses and registrations;

     (9) Guidelines for telepractice;

     (10) Rules to define the role of the speech-language pathology assistant or audiology assistant, including, but not limited to:

     (A) The supervision requirements of licensees;

     (B) The ratio of assistants to licensees;

     (C) The scope of duties and restrictions of responsibilities of assistants;

     (D) The frequency, duration and documentation of supervision required under the provisions of this article; and

     (E) The quantity and content of pre-service and in-service instruction.

     (11) Professional conduct and ethical standards of practice; and

     (12) Any other rules necessary to effectuate the provisions of this article.

     (b) The board may promulgate emergency rules in accordance with section fifteen, article three, chapter twenty-nine-a of this code to establish requirements and procedures for telepractice in accordance with the provisions of this article, including the scope of duties and restrictions of assistants in telepractice.

     (c) All rules in effect on January 1, 2013 shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.

WVC 30 - 32 - 8 §30-32-8. Funds.

     (a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "Board of Examiners for Speech-Language Pathology and Audiology Fund", which is continued. The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.

     (b) Any amount received as fines, imposed pursuant to this article, shall be deposited into the General Revenue Fund of the State Treasury.

WVC 30 - 32 - 9 §30-32-9. Qualifications for licensure as a speech-language pathologist.

     (a) To be eligible for licensure by the board as a speech-language pathologist, the applicant shall:

     (1) Make application to the board, upon a form prescribed by the board;

     (2) Pay to the board an application fee as established by the board;

     (3) Possess at least a master's degree or equivalent in speech-language pathology from an educational institution approved by the board which consists of coursework approved by the board and delineated in legislative rule;

     (4) Complete supervised clinical practicum experiences from an educational institution or its cooperating programs, the content of which shall be approved by the board and delineated in the rules;

     (5) Complete a postgraduate professional experience as approved by the board and described in legislative rule;

     (6) Pass the national examination in speech-language pathology; and

     (7) Pass a jurisprudence examination developed by the board.

     (b) Subject to the renewal requirements set forth in section seventeen of this article, a license issued by the board under prior enactments of this article shall for all purposes be considered a license issued under this article.

WVC 30 - 32 - 10 §30-32-10. Qualifications for licensure as an audiologist.

     (a) To be eligible for licensure by the board as an audiologist, the applicant shall:

     (1) Make application to the board, upon a form prescribed by the board;

     (2) Pay to the board an application fee as established by the board;

     (3) Possess at least a master's degree or equivalent in audiology from an educational institution approved by the board which consists of coursework approved by the board and delineated in legislative rule;

     (4) Complete supervised clinical practicum experiences from an educational institution or its cooperating programs, the content of which shall be approved by the board and delineated in the rules;

     (5) Complete a postgraduate professional experience as approved by the board and described in legislative rule;

     (6) Pass the national examination in audiology; and

     (7) Pass a jurisprudence examination developed by the board.

     (b) Subject to the renewal requirements set forth in section seventeen of this article, a license issued by the board under prior enactments of this article shall for all purposes be considered a license issued under this article.

WVC 30 - 32 - 11 §30-32-11. Provisional licenses.

          (a) The board may issue a provisional license to an applicant who is in the process of obtaining postgraduate professional experience and who:

          (1) Meets the academic, practicum, and examination requirements of this article;

          (2) Submits an application to the board, upon a form prescribed by the board, including a plan for the content of the postgraduate professional experience; and

          (3) Pays the fee.

          (b) A provisional licensee may practice speech-language pathology or audiology under the general supervision of a licensed speech pathologist or audiologist only in the professional field for which the provisional license was issued.

          (c) The provisional license shall be valid for a term of one year and may be renewed.

WVC 30 - 32 - 12 §30-32-12. Waiver of requirements; practice pending disposition of application.

     (a) The board shall waive the national examination requirements in speech-language pathology and/or audiology for an applicant who either:

     (1) Presents proof of current licensure in a state that has standards that are substantially equivalent to those of this state; or

     (2) Holds a certificate of clinical competence in speech-language pathology or audiology from the American Speech-Language-Hearing Association in the professional field for which they seek licensure.

     (b) An applicant who holds current licensure from another state with substantially equivalent standards or who holds the certificate of clinical competence from the American Speech-Language-Hearing Association may practice speech-language pathology or audiology in this state, pending the board's disposition of the application, if the applicant:

     (1) Is practicing in the professional field in which the licensure or certificate of clinical competence was granted; and

     (2) Has filed an application with the board and paid the appropriate application fee.

WVC 30 - 32 - 13 §30-32-13. Scope of practice for speech-language pathology.

     The scope of practice for speech-language pathology includes:

     (1) Prevention, screening, consultation, assessment and diagnosis, treatment, intervention, management, counseling and follow-up services for disorders of speech (i.e., articulation, fluency, resonance and voice), language (i.e., phonology, morphology, syntax, preliteracy and language-based skills), swallowing or other upper aerodigestive functions;

     (2) Cognitive aspects of communication (i.e., attention, memory, problem solving);

     (3) Establishing augmentative and alternative communication techniques and strategies, including developing, selecting and prescribing of systems and devices (e.g., speech generating devices) and providing training in their use;

     (4) Providing services to individuals with hearing loss and their families (e.g., Auditory training, speech reading, speech and language intervention secondary to hearing loss;

     (5) Screening hearing of individuals who can participate in conventional puretone air conduction methods and screening middle ear pathology through screening tympanometry for the purpose of referral for further evaluation: Provided, That judgments and descriptive statements about the results of the screenings are limited to pass/fail determinations;

     (6) Using instrumentation (e.g., videofluroscopy) to observe, collect data and measure parameters of communication and swallowing as directed by a licensed physician; and

     (7) Selecting, fitting and establishing effective use of prosthetic/adaptive devices for communication, swallowing or other upper aerodigestive functions.

WVC 30 - 32 - 14 §30-32-14. Scope of practice for audiology.

  (a) The scope of practice for audiology includes:

  (1) Facilitating the conservation of Auditory system function, developing and implementing environmental and occupational hearing conservation programs;

  (2) Screening, identifying, assessing and interpreting, preventing and rehabilitating peripheral and central Auditory system disorders;

  (3) Providing and interpreting behavioral and electro- physiological measurements of Auditory and vestibular functions;

  (4) Selecting, fitting, programming and dispensing of amplification, assistive listening and alerting devices and programming and other systems (e.g., implantative devices) and providing training in their use;

  (5) Providing audiologic and aural rehabilitation and related counseling services to individuals with hearing impairments and their families;

  (6) Providing vestibular rehabilitation;

  (7) Cerumen removal; and

  (8) Screening of speech-language and other factors affecting communication disorders: Provided, That judgments and descriptive statements about the results of the screenings are limited to pass/fail determinations.

  (b) A person licensed under this article as an audiologist is not required to obtain a license under the provisions of article twenty-six of this chapter.

WVC 30 - 32 - 15 §30-32-15. Speech-language pathology and audiology assistants; supervision requirements.

     (a) Commencing July 1, 2014, speech-language pathology assistants and audiology assistants shall register with the board and shall:

     (1) Possess a minimum of an associate's degree from an institution or technical training program with a program of study designed to prepare the student to be a speech language pathology or audiology assistant;

     (2) Work only under the supervision of a licensee licensed in the professional field in which the assistant is working; and

     (3) Meet all requirements set by the board.

     (b) Licensees who supervise assistants shall:

     (1) Report to the board the name and field of practice of each assistant working under the licensee's supervision;

     (2) Complete initial supervision training prior to accepting an assistant for supervision and upgrade supervision training as required by the board;

     (3) Document preservice training and credentials of the assistant;

     (4) Provide direct supervision of the first three hours of treatment by the assistant for each patient or client, followed by a minimum of one direct observation for each subsequent two week period and document the direct observation;

     (5) Provide general supervision and be responsible for the extent, kind and quality of service provided by the assistant and for all services provided by the assistant;

     (6) Ensure that persons receiving services from an assistant receive prior written notification that services are to be provided, in whole or in part, by an assistant; and

     (7) Meet all other requirements set by the board.

WVC 30 - 32 - 16 §30-32-16. Telepractice services.

     (a) Licensed speech-language pathologists and audiologists may provide services in this state by telepractice.

     (b) Speech-language pathologists and audiologists providing services by telepractice shall deliver services consistent with the quality of services delivered in person, and shall:

     (1) Acquire written informed consent from the student, patient or client before the services are provided;

     (2) Maintain the confidentiality of the student, patient or client as required by law;

     (3) Provide documentation of the delivery of services;

     (4) Train assistants before allowing them to assist in the delivery of service by telepractice, and document the training and delivery of service by the assistants; and

     (5) Meet any other requirements set by the board.

WVC 30 - 32 - 17 §30-32-17. Renewal of license or registration; renewal of lapsed license or registration; suspension, revocation and refusal to renew; reinstatement of revoked license or registration.

     (a) Licenses, except provisional licenses, and registrations may be renewed biennially, upon documentation of required continuing education and payment of a renewal fee.

     (b) A license or registration which has lapsed may be renewed within one year of its expiration date in the manner set by the board.

     (c) A license or registration which has lapsed for more than one year but fewer than five years may be reinstated, upon documentation of continuing education credits earned during the lapsed period equal to the credits required for renewal and payment of a reinstatement fee.

     (d) A license or registration which has lapsed for more than five years may not be reinstated. A new license or registration may be issued to an applicant who complies with the requirements relating to the issuance of an original license or registration in effect at the time of the application.

     (e) The board may suspend, revoke or refuse to renew a license or registration for any reason which would justify the denial of an original application for licensure or registration.

     (f) The board may consider the reinstatement of a license or registration which has been revoked upon a showing that the applicant can resume practicing with reasonable skill and safety.

WVC 30 - 32 - 18 §30-32-18. Actions to enjoin violations.

     (a) If the board obtains information that any person has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of this article, the rules promulgated pursuant to this article, or a final order or decision of the board, it may issue a notice to the person to cease and desist in engaging in the act and/or apply to the circuit court in the county of the alleged violation for an order enjoining the act.

     (b) The circuit courts of this state may issue a temporary injunction pending a decision on the merits, and may issue a permanent injunction based upon its findings in the case.

     (c) The judgment of the circuit court on an application permitted by the provisions of this section is final unless reversed, vacated or modified on appeal to the West Virginia Supreme Court of Appeals.

WVC 30 - 32 - 19 §30-32-19. Complaints; investigations; due process procedure; grounds for disciplinary action.

     (a) The board may upon its own motion based upon credible information, and shall, upon the written complaint of any person, cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules of the board.

     (b) Upon initiation or receipt of the complaint, the board shall provide a copy of the complaint to the licensee or registrant.

     (c) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee or registrant has violated any provision of this article.

     (d) Upon a finding that probable cause exists that the licensee or registrant has violated any provision of this article or rules promulgated pursuant to this article, the board may enter into a consent decree or hold a hearing for the suspension or revocation of the license or registration or the imposition of sanctions against the licensee or registrant.

     (e) Any member of the board may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by the article.

     (f) Any member of the board may sign a consent decree or other legal document on behalf of the board.

     (g) The board may, after notice and opportunity for hearing, deny or refuse to renew, suspend or revoke the license or registration of, impose probationary conditions upon or take disciplinary action against, any licensee or registrant for any of the following reasons once a violation has been proven by a preponderance of the evidence:

     (1) Obtaining a license or registration by fraud, misrepresentation or concealment of material facts;

     (2) Being convicted of a felony or misdemeanor crime of moral turpitude;

     (3) Being guilty of unprofessional conduct as defined by legislative rule of the board;

     (4) Violating provisions of this article, rule or a lawful order of the board;

     (5) Providing substandard care due to a deliberate or negligent act or failure to act regardless of whether actual injury to a patient or client is established;

     (6) As an assistant, exceeding the authority to perform components of service selected and delegated by the supervising speech-language pathologist or audiologist regardless of whether actual injury to a patient is established;

     (7) Knowingly delegating responsibilities to an individual who does not have the knowledge, skills or abilities to perform those responsibilities;

     (8) As a licensee, failing to provide appropriate supervision to a speech-language pathology assistant or audiology assistant in accordance with this article and legislative rules of the board;

     (9) Practicing when competent services to recipients may not be provided due to physical or mental impairment;

     (10) Having had a speech-language pathologist or audiologist license or assistant registration revoked or suspended, other disciplinary action taken, or an application for licensure or registration refused, revoked or suspended by the proper authorities of another jurisdiction;

     (11) Engaging in sexual misconduct which includes:

     (A) Initiating or soliciting sexual relationships, whether consensual or nonconsensual, while a professional relationship exists between the licensee or registrant and a patient or client; or

     (B) Making sexual advances, requesting sexual favors or engaging in physical contact of a sexual nature with a patient or client;

     (12) Aiding or abetting a person who is not licensed or registered in this state and who directly or indirectly performs activities requiring a license or registration;

     (13) Abandoning or neglecting a patient or client in need of immediate professional care without making reasonable arrangements for the continuation of care; or

     (14) Engaging in any act which has endangered or is likely to endanger the health, welfare or safety of the public.

     (h) Disciplinary action may include:

     (1) Reprimand;

     (2) Probation;

     (3) Administrative fine, not to exceed $1,000 per day per violation;

     (4) Mandatory attendance at continuing education seminars or other training;

     (5) Practicing under supervision or other restriction;

     (6) Requiring the licensee or registrant to report to the board for periodic interviews for a specified period of time;

     (7) Denial, suspension, revocation or nonrenewal of license or registration; or

     (8) Other disciplinary action considered by the board to be necessary to protect the public, including advising other parties whose legitimate interests may be at risk.

WVC 30 - 32 - 20 §30-32-20. Procedures for hearing; right of appeal.

     (a) Notice and hearing requirements are governed by the provisions of article one of this chapter.

     (b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.

     (c) If the hearing is conducted by an administrative law judge, the administrative law judge shall prepare a proposed written order at the conclusion of a hearing containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.

     (d) Any member of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.

     (e) If, after a hearing, the board determines the licensee or registrant has violated any provision of this article or the board's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.

WVC 30 - 32 - 21 §30-32-21. Judicial review.

     Any licensee or registrant adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.

WVC 30 - 32 - 22 §30-32-22. Single act evidence of practice.

     In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.

WVC 30 - 32 - 23 §30-32-23. Required update of review of Legislative Auditor.

     On or before December 1, 2014, the Legislative Auditor shall update the Sunrise Report of January 2013 on the requirements for speech-language pathologists, audiologists and assistants to practice in public schools, and present the report to the Joint Standing Committee on Government Organization, with recommendations.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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