2005 West Virginia Code - §30-28-5. — West Virginia board of occupational therapy; establishment; terms of office; vacancies; removal of members; meetings; compensation.

§30-28-5. West Virginia board of occupational therapy; establishment; terms of office; vacancies; removal of members; meetings; compensation.

(a) There is hereby established the West Virginia board of occupational therapy which shall consist of five members appointed by the governor by and with the advice and consent of the Senate. The members of the board shall be citizens of the United States and residents of this state for at least one year prior to their appointment. Three members shall have been engaged in rendering occupational therapy services to the public by teaching or performing research in occupational therapy for at least three years immediately preceding their appointment or shall have been a registered occupational therapist for at least three years immediately preceding their appointment. One such member so appointed shall have been engaged in rendering occupational therapy services as a registered occupational therapy assistant for at least three years immediately preceding his appointment. Such appointees shall at all times be holders of valid licenses for the practice of occupational therapy in the state. Except for the members of the first board appointed from the list submitted by the association, all of such members shall fulfill the requirements for licensure under this article. One member shall be appointed by the governor to represent the public.
(b) The board shall, within ninety days after the effective date of this article, be selected as provided in subsection (a). The members of the first board shall serve the following terms: Two members for a term of one year, two members for a term of two years, and one member for a term of three years. At the expiration of the above terms, board members shall be appointed in the same manner as the initial appointment for a period of three years, but no person shall be appointed to serve more than two consecutive terms.
(c) Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first members who shall serve through the last calendar day of the year in which they are appointed before commencing the terms prescribed by this section.
(d) When a vacancy occurs on the board, the board shall appoint a member to fill the unexpired term.
(e) The governor, after notice and opportunity for hearing by the board, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of the member's license, or other dishonorable conduct. After such removal, or vacancy due to other reasons, the board shall appoint a successor to the unexpired term. The successor shall meet the qualifications of board members as established in subsection (a) of this section.
(f) The board shall elect from its membership a chairman and secretary-treasurer. A majority of the members of the board shall constitute a quorum and shall meet during the first month of the calendar year to select a chairman. At least one additional meeting shall be held before the end of the calendar year. Further meetings may be convened at the call of the chairman or on the request of any three board members.
(g) Members may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties. Such members may be paid reasonable compensation not to exceed fifty dollars per day for days spent in performance of their duties.
(h) All moneys paid to the board shall be accepted by a person designated by the board and deposited by her/him with the treasurer of the state and credited to an account to be known as the "West Virginia Board of Occupational Therapy." 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 such fund, and no part of the state's general revenue fund shall be expended forsuch purpose.