2005 West Virginia Code - §30-28-7. — License required; persons and practices not affected.

§30-28-7. License required; persons and practices not affected.

(a) No person may hold himself out as an occupational therapist or an occupational therapy assistant in this state unless he is licensed in accordance with the provisions of this article.
(b) Nothing in this article shall be construed as preventing or restricting the practice, services or activities of:
(1) Any person licensed under any other law of this state, including physicians, nurses, clinical psychologists, speech pathologists and audiologists, dentists and physical therapists, from engaging in the profession or occupation for which he is licensed;
(2) Any person employed as an occupational therapist or an occupational therapy assistant by the government of the United States, if such a person provides occupational therapy solely under the direction or control of the organization by which he is employed;
(3) Any person pursuing a course of study leading to a degree or certificate in occupational therapy in an educational program which is accredited by the American occupational therapy association in collaboration with the American medical association, or in an educational program approved by the American occupational therapy association, and if such person is designated by a title which clearly indicates his status as a student or trainee;
(4) Any person fulfilling the supervised field work experience, if such activities and services constitute a part of the experience necessary to meet the requirements of section eight of this article;
(5) Any person performing occupational therapy services in this state not licensed under this article, if such services are performed for no more than ninety consecutive days a calendar year in association with an occupational therapist licensed under this article, if such person meets the qualification for license under this article, except for the qualifying examination; or
(6) Any person performing occupational therapy services in this state not licensed under this article, if such services are performed for no more than ninety consecutive calendar days in a calendar year and if:
(A) Such a person is licensed under the law of another state which has licensure requirements equivalent to the requirements of this article; or
(B) Such a person meets the requirements for certification as an occupational therapist registered (OTR) or a certified occupational therapy assistant (COTA) established by the American occupational therapy association.