H. B. 4133
(By Delegates Morgan, Stephens, Swartzmiller,
Talbott, Hartman, D. Poling, Martin,
Rowan, Manypenny and Staggers)
[Introduced January 19, 2010 ; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §30-31-9 of the Code of West Virginia,
1931, as amended, relating to licensed professional
counselors; and clarifying the eligibility requirements to
practice marriage and family therapy.
Be it enacted by the Legislature of West Virginia:
That §30-31-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.
§30-31-9. Requirements for a license to practice marriage and
family therapy.
(a) To be eligible for a license to practice marriage and
family therapy, an applicant must:
(1) Be of good moral character;
(2) Be at least eighteen years of age;
(3) Be a citizen of the United States or be eligible for
employment in the United States;
(4) Pay the applicable fee;
(5)(A)(i) Have earned a master's in marriage and family
therapy from a program accredited by the Commission on
Accreditation for Marriage and Family Therapy Education, Council
for Accreditation of Counseling and Related Education Programs or
a comparable accrediting body as approved by the board or in a
field closely related to an accredited marriage and family therapy
program as determined by the board, or have received training
equivalent to such degree as may be determined by the board; and
(ii) Have at least two years of supervised professional
experience in marriage and family therapy of such a nature as is
designated by the board after earning a master's or equivalent.
(B) (i) Have earned a doctorate degree in marriage and family
therapy from a program accredited by the Commission on
Accreditation for Marriage and Family Therapy Education, the
Council for Accreditation of Counseling and Related Education
Programs, or a comparable accrediting body as approved by the board
or in a field closely related to an accredited marriage and family
therapy program as determined by the board, or have received
training equivalent to such degree as may be determined by the
board; and
(ii) Have at least one year of supervised professional
experience in marriage and family therapy of such a nature as is
designated by the board after earning a doctorate or equivalent.
(6) Have passed a standardized national certification examination in marriage and family therapy as approved by the
board.
(7) Not have been convicted of a felony or crime involving
moral turpitude under the laws of any jurisdiction:
(A) If the applicant has never been convicted of a felony or
a crime involving moral turpitude, the applicant shall submit
letters of recommendation from three persons not related to the
applicant and a sworn statement from the applicant stating that he
or she has never been convicted of a felony or a crime involving
moral turpitude; or
(B) If the applicant has been convicted of a felony or a crime
involving moral turpitude, it is a rebuttable presumption that the
applicant is unfit for licensure unless he or she submits competent
evidence of sufficient rehabilitation and present fitness to
perform the duties of a licensed professional counselor as may be
established by the production of:
(i) Documentary evidence including a copy of the relevant
release or discharge order, evidence showing compliance with all
conditions of probation or parole, evidence showing that at least
one year has elapsed since release or discharge without subsequent
conviction, and letters of reference from three persons who have
been in contact with the applicant since his or her release or
discharge; and
(ii) Any collateral evidence and testimony as may be requested
by the board which shows the nature and seriousness of the crime, the circumstances relative to the crime or crimes committed and any
mitigating circumstances or social conditions surrounding the crime
or crimes and any other evidence necessary for the board to judge
present fitness for licensure or whether licensure will enhance the
likelihood that the applicant will commit the same or similar
offenses;
(8) Not be an alcohol or drug abuser as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code:
Provided, That an applicant who has had at least two
continuous years of uninterrupted sobriety in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in a twelve-step program or other similar group or
process, may be considered; and
(9) Has fulfilled any other requirement specified by the
board.
(b) A person seeking licensure under the provisions of this
section shall submit an application on a form prescribed by the
board and pay all applicable fees.
(c) A person who is licensed for the five years prior to the
effective date of this section and has substantially similar
qualifications as required by subdivision (1), (2), (3),
(4),
(5)(A)(i), (5)(B)(i),
(6) and (7)
and (8) of subsection (a) of this
section is eligible for a license to practice marriage and family
therapy until July 1,
2013 2012, and is eligible for renewal under
section ten.
NOTE: The purpose of this bill is to clarify the eligibility
requirements of licensed professional counselors to practice
marriage and family therapy.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.