Meeting Minutes April 3, 2020

WVBOT MINUTES:  April 3, 2020

MEMBERS PRESENT via Video conference:  Bambi Hill, Phil Simpson, Gene Brooks, Marty Douglas, Kathy Quesenberry


ALSO PRESENT: Vonda Malnikoff


Gene motioned to enter Executive Session at 11:08 a.m. to discuss licensee issues.

Bambi seconded.  Vote 5-0.

Issue 2019#03  Complaint
Issue 2019#04  Complaint
Issue 2020#02  Licensee issue

Phil motioned to leave Executive Session at 11:53 a.m.  Marty seconded.  Vote 5-0.
Marty motioned to re-enter Executive Session at 11:56 a.m.  Phil seconded.  Vote 5-0.
Bambi motioned to leave Executive Session at 12:01 p.m.  Marty seconded.  Vote 5-0.

Regarding Issues 2019#03 and 2019#04, Kathy motioned to dismiss cases for lack of probable cause to pursue disciplinary action.  Bambi seconded.  Vote 4-0.

Gene motioned to approve January 31. 2020 minutes as written.  Phil seconded.  Vote 5-0.


TOPIC: Future online services
FINDINGS/CONCLUSIONS: Discussed possible future online services to be offered through website, including fillable forms, ability to upload documents, and make payments via egov payment system.  Pursue adding additional online services through Tekswift or WV Interactive.  Reviewed quote from TekSwift for additional online services.  Board requested additional detail on what was included in quote.  Marty motioned to request quote from WV Interactive for complete website hosting.  Bambi seconded.  Vote 5-0.    All services must now be approved by WV Office of Technology and State Purchasing.  Per discussion with WV Interactive, they have plans to develop a web based database platform for use by licensing boards in 2020.  This would incorporate further online services and would be priced on a licensee / transaction based model, which is probably the most cost-effective solution for small boards.  Worked with STO to develop payment page to accept credit card payments for initial applications.  Received information from inLumon about their web based licensing framework offered on a monthly subscription basis.  Several other licensing boards have signed contracts with inLumon.   Gene motioned to give Vonda authority to obtain quotes and go forward with purchase of licensing database system.  Kathy seconded.  Vote 5-0.  Three vendors have provided quotes, along with product demos.  Quotes reviewed at April 3, 2020 meeting.  Kathy motioned to allow Vonda to complete research and make decision between two lowest bidders.  Marty seconded.  Vote 5-0.
ACTION/FOLLOW-UP:  Proceed with purchasing process and implementation.

TOPIC: CE Conference 2020
FINDINGS/CONCLUSIONS: Reviewed quote from Bridgeport Conference Center.  Agreed on April 3, 2020 as date for conference.  Discussed potential speakers.  Signed contract with BCC. Received quote from Wingate for room blocks.  Agreed to purchase 225 Drawstring bags for promotional giveaway and notebooks from WVCI.  Discussed suggestions for additional speaker. Reviewed agenda, speakers, evaluation form; discussed lunch menu.  Registration information mailed 1/23/20.  NBCOT representative to attend.  Agreed to make hard copies of presentations if available from speakers, as well as provide link on website.  Also discussed providing link to free CE course from Adaptive Mobility Services to attendees via email.  Conference cancelled due to Coronavirus.

TOPIC: 2020 Legislative Rule Filings
FINDINGS/CONCLUSIONS: Amended 13-03 to reduce renewal fees and remove unnecessary fees; New Rule 13-07 to incorporate SB396, Application for Waiver of Initial Licensing Fees for Certain Individuals.  Filed rules for comment 5/13/19; comment period ended 7/1/19 (two comments received); Filed Agency approved rules 7/3/19.  To be on the 9/25 agenda of the Rule Making Review Committee with minor modifications made by Legislative counsel.  Filed additional Rule, 13-08, as required by passage of HB118 during First Extraordinary Session.  Comment period through 11/30/19.  Discussed various introduced bills, specifically HB 4121 that would require transfer of funds to general fund, which conflicts with our proposed legislation to reduce renewal fees.  HB4252, bundled rules, completed Legislative action March 6, 2020. Several resolutions for studies related to occupational regulatory boards also passed.
ACTION/FOLLOW-UP: Final file Rules included in HB4252.

TOPIC: Interstate Licensure Compact Webinar
FINDINGS/CONCLUSIONS: AOTA and NBCOT have announced collaboration to support development of an Interstate Licensure Compact for OT.  The Council of State Governments’ National Center for Interstate Compacts will lead the process of developing the licensure compact language.  Viewed webinar hosted by the CSG on 9/24/19.  Reviewed updates from AOTA / NBCOT.  The Advisory Group met in October and came to consensus on a number of key points, one of which is that participating states must implement FBI fingerprint-based criminal background checks.  The Drafting Team is expected to complete a draft compact in early May to be distributed to stakeholders for comment in the summer of 2020.  The plan is to have a draft ready for consideration by state legislatures in 2021.
ACTION/FOLLOW-UP:  Participate and review as necessary.

TOPIC: Renewal of TekSwift contract
FINDINGS/CONCLUSIONS: Website hosting / data backup service contract April 2020-March 2021 at current monthly rate of $73.94.  Gene motioned to renew contract.  Phil seconded. Vote 4-0.  Contract extended through March 2021.

TOPIC: NBCOT State Regulatory Leadership Forum
FINDINGS/CONCLUSIONS: Scheduled for May 12-13 in Atlanta.   NBCOT to pay for Administrator and Board Chair.  Forum cancelled due to Coronavirus.


The Board reviewed all purchases made on the Purchase Card for January 16, 2020 through March 15, 2020.  Marty motioned to approve all purchases.  Phil seconded.  Vote 5-0.

Cash Balance as of March 31, 2020
$ 265,589.05

12/31/19                      $  380                          2/3/20              $  220
1/6/20                              480                          2/5                         130
1/13                                   290                          2/12                        30
1/15                                     60                          2/19                      330
1/16                                     30                          2/25                        30
1/23                                    60                          2/27                      210
1/27                                  180                          3/3                          90
1/30                                    30                          3/5                        160
3/17                         150
3/19                        150
3/23                       310
egov receipts:
January                        $ 5,390
February                            650
March                                690

TOTAL DEPOSITS               $ 10,050

January                        $ 9,390.76
February                         5,116.64
March                             6,902.26


TOPIC: Confidentiality Agreements
FINDINGS/CONCLUSIONS: Agreements will be mailed to review, sign, and return.
ACTION/FOLLOW-UP: Mail agreements to board members.

TOPIC: Modification of 13CSR2
FINDINGS/CONCLUSIONS: Remove requirement to complete investigation within sixty (60) days.  Chapter 30-1-5(c) requires a status report within six months of receipt, and final ruling within one year of status report’s return receipt date.  Filing will require a comment period.  Marty motioned to modify 13CSR2.  Bambi seconded.  Vote 5-0.
ACTION/FOLLOW-UP: File proposed Procedural Rule modification.

TOPIC: CE conference 2021
FINDINGS/CONCLUSIONS: Agreed to schedule 2021 conference at Bridgeport Conference Center in late March or April 2021.  Attempt to secure same speakers as planned for 2020 conference.
ACTION/FOLLOW-UP:  Discuss available dates with BCC and speakers.

TOPIC: COVID-19 questions
FINDINGS/CONCLUSIONS: Discussed various questions directed at the Board regarding Telehealth in various settings, fieldwork, supervision, etc.  General statement has been posted on website, with links to other sources of information.
ACTION/FOLLOW-UP:  Continue to field questions as necessary.

TOPIC: Online CE proposals
FINDINGS/CONCLUSIONS: Discussed various options to provide online CE for licensees who had registered for Board sponsored conference that was cancelled.  Phil motioned to proceed with proposal from Summit Professional Education for 6 months online availability.  Marty seconded.  Vote 5-0.  Also agreed to post link to free Adaptive Mobility course to website.
ACTION/FOLLOW-UP: Work with Summit and purchasing to proceed. 



  correspondence date rec'd issue
1 NBCOT 2/25/2020 e-newsletter
2 NBCOT 2/27/2020 Paul Grace retirement announcement
3 NBCOT 3/12/2020 Covid-19 update; all operations moved to remote work only
4 NBCOT 3/17/2020 Testing Centers closed for 30 days
5 WV DHHR BMS 3/17/2020 memo to WV Medicaid providers re telehealth
6 NBCOT 3/18/2020 State Regulatory Leadership Forum cancelled
7 IRS 3/30/2020 Notice of intent to seize property for unpaid taxes 12/31/16
8 Purchasing 4/1/2020 The Buyers Network - April 2020; Purchasing conf Aug 25-28, 2020


Phil motioned to adjourn at 1:07 p.m.  The next regular Board meeting is scheduled for Friday, September 25, 2020 at the Board office.  Remaining 2020 meeting date tentatively scheduled for November 20th.

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