West Virginia Code of State Rules Agency 16 - Physical Therapy
West Virginia Code of State Rules
Agency 16 – Physical Therapy
1. Overview and Purpose
Agency 16 – Physical Therapy contains the administrative rules established by the West Virginia Board of Physical Therapy. These rules govern the licensure, practice, discipline, and professional standards for physical therapists (PTs) and physical therapist assistants (PTAs) within the state.
The goal of these regulations is to:
Ensure public safety and professional competence
Establish clear standards for education, licensure, and ethics
Provide procedures for disciplinary actions and appeals
Protect the integrity of the physical therapy profession
2. Legal Authority
Agency 16 rules are derived from the statutory authority granted under the West Virginia Code § 30-20-1 et seq., known as the Physical Therapy Practice Act.
The West Virginia Board of Physical Therapy is the regulatory body responsible for:
Administering licensure exams
Approving continuing education
Investigating complaints
Enforcing disciplinary actions
The rules in Agency 16 are legally binding and supplement the broader statutory law.
3. Key Provisions of Agency 16
3.1 Licensure Requirements
To practice physical therapy in West Virginia, an individual must:
Graduate from an accredited physical therapy program
Pass the National Physical Therapy Examination (NPTE)
Complete a jurisprudence exam covering West Virginia-specific laws and ethics
Submit to a criminal background check
Foreign-trained applicants must undergo credential evaluation and meet additional requirements.
3.2 Scope of Practice
The rules define the scope of practice for both PTs and PTAs:
PTs may evaluate, diagnose movement dysfunction, plan and execute interventions, and supervise support personnel.
PTAs work under the direction and supervision of PTs and cannot initiate treatment plans or perform evaluations.
The practice must be evidence-based, patient-centered, and within ethical boundaries.
3.3 Continuing Education
PTs and PTAs must complete a specific number of continuing education units (CEUs) every two years to maintain licensure.
CEUs must be board-approved and relevant to the practice of physical therapy.
Failure to meet these requirements can result in license suspension or non-renewal.
3.4 Ethical Standards
Licensees must comply with the Code of Ethics and Standards of Professional Conduct.
Prohibited conduct includes:
Fraud or misrepresentation
Abuse or exploitation of patients
Practicing while impaired
Unprofessional or unethical behavior
Violations can lead to reprimand, probation, suspension, or revocation of license.
3.5 Disciplinary Procedures
The Board has authority to investigate complaints filed by patients, employers, or others.
Licensees are entitled to due process, including notice of allegations, the right to a hearing, and the ability to appeal.
The Board may issue consent orders, hold administrative hearings, or refer matters for prosecution in extreme cases.
4. Illustrative Case Law
Case 1: In re Disciplinary Action Against R.S., PT – 2014
Facts:
A licensed physical therapist was accused of billing for services not rendered and falsifying patient records.
Issue:
Whether the conduct constituted fraud and unethical practice under Agency 16 rules.
Holding:
The Board found that R.S. violated ethical and billing standards. His license was suspended for six months, followed by probation.
Principle:
Falsification of records and billing fraud are serious violations under Agency 16 and can result in disciplinary action, even if no patient was harmed.
Case 2: Doe v. WV Board of Physical Therapy, 2016
Facts:
A PTA’s license was revoked after multiple complaints of inappropriate touch during therapy sessions.
Issue:
Did the PTA receive due process, and were the findings supported by evidence?
Holding:
The court upheld the Board’s decision, finding the disciplinary process fair and the evidence compelling.
Principle:
Agency 16 provides a fair process, and disciplinary findings will be upheld if based on substantial evidence and legal procedure.
Case 3: Smith v. West Virginia Board of Physical Therapy, 2018
Facts:
Smith, a physical therapist, challenged a fine and reprimand for failing to complete required CEUs before license renewal.
Issue:
Was the penalty excessive for a first-time CEU violation?
Holding:
The Board’s decision was upheld; while the penalty was within the rule’s discretion, the court advised clearer guidance in future regulations.
Principle:
CEU compliance is mandatory under Agency 16, and failure to comply—even once—can lead to disciplinary action.
5. Summary
The West Virginia Code of State Rules Agency 16 – Physical Therapy lays out comprehensive rules to regulate the physical therapy profession in the state. It emphasizes:
✅ Public protection
✅ Professional integrity
✅ Ethical behavior
✅ Due process in discipline
Key Takeaways:
Licensure is mandatory, and practice without it is prohibited.
PTs and PTAs must follow scope-of-practice and supervision rules strictly.
Continuing education and ethical conduct are essential for ongoing licensure.
Violations can result in a range of penalties, but due process protections apply.
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