Introduced Version
House Bill 3027 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3027
(By Delegates Pasdon, Fragale, Caputo,
Marshall and Raines)
[Introduced March 21, 2013; referred to the
Committee on the Judiciary.]
A BILL to repeal §30-21-7a, §30-21-7b, §30-21-7c, §30-21-7d,
§30-21-7e, §30-21-8a and §30-21-10a of the Code of West
Virginia, 1931, as amended; to amend and reenact §30-21-1,
§30-21-2, §30-21-3, §30-21-4, §30-21-5, §30-21-6, §30-21-7,
§30-21-8, §30-21-9, §30-21-10, §30-21-11, §30-21-12,
§30-21-13, §30-21-14 and §30-21-17 of said code; and to amend
said code by adding thereto twelve new sections, designated
§30-21-16, §30-21-18, §30-21-19, §30-21-20, §30-21-21,
§30-21-22, §30-21-23, §30-21-24, §30-21-25, §30-21-26,
§30-21-27 and §30-21-28, all relating to the practice of
psychology; prohibiting the practice of psychology without a
license; providing other applicable sections; defining terms;
continuing and renaming board; providing for board
composition, appointments, qualifications, terms of office,
filling of vacancies and holding meetings; providing for
compensation and reimbursement for board members; setting forth the powers and duties of the board; clarifying
rule-making authority; continuing a special revenue account;
establishing license and certification requirements; setting
forth scopes of practices; providing for licensure for persons
licensed in another state; establishing renewal requirements;
establishing delinquent, expired and inactive license
requirements; providing temporary permit requirements;
requiring license to be displayed; providing for privileged
communications and exceptions; providing the board may issue
notices to cease and desist; providing that circuit courts may
issue injunctions; setting forth grounds for disciplinary
actions; allowing for specific disciplinary actions; providing
procedures for the investigation of complaints; providing for
judicial review and appeals of decisions; setting forth
hearing and notice requirements; providing for civil causes of
action; and providing for criminal penalties.
Be it enacted by the Legislature of West Virginia:
That §30-21-7a, §30-21-7b, §30-21-7c, §30-21-7d, §30-21-7e,
§30-21-8a and §30-21-10a of the Code of West Virginia, 1931, as
amended, be repealed; that §30-21-1, §30-21-2, §30-21-3, §30-21-4,
§30-21-5, §30-21-6, §30-21-7, §30-21-8, §30-21-9, §30-21-10,
§30-21-11, §30-21-12, §30-21-13, §30-21-14 and §30-21-17 of said
code be amended and reenacted; and that said code be amended by
adding thereto twelve new sections, designated §30-21-16, §30-21-18, §30-21-19, §30-21-20, §30-21-21, §30-21-22, §30-21-23,
§30-21-24, §30-21-25, §30-21-26, §30-21-27 and §30-21-28, all to
read as follows:
ARTICLE 21. PSYCHOLOGISTS.
§30-21-1. Unlawful acts.
_____(a) It is unlawful for a person to practice or offer to
practice psychology in this state without a license or permit
issued under this article, or to advertise or use any title or
description tending to convey the impression that the person is a
psychologist or psychological practitioner or certified
psychological associate unless the person is licensed or permitted
under this article, and the license or permit has not expired, been
suspended or revoked.
_____(b) It is unlawful for a certified psychological associate to
represent himself or herself as a licensed psychologist or as a
licensed psychological practitioner. A certified psychological
associate may not employ or supervise certified psychologists,
licensed psychological practitioners, or certified psychological
associates.
_____(c) No business entity, except through a licensee or
certificate holder, may render any service or engage in any
activity that if rendered or engaged in by an individual, would
constitute the practices licensed or certified under this article.
_____(d) Nothing in this article permits the administering or prescribing of drugs or infringesa upon the practice of medicine
and surgery.
§30-21-2. General provisions.
_____The practice of psychology licensed and certified under this
article and the West Virginia Board of Psychology are subject to
this article, article one of this chapter and any rules promulgated
hereunder.
§30-21-3. Definitions.
_____As used in this article:
_____(1) "Accredited institute of higher learning" means colleges
or universities that are accredited by one of the six nationally
recognized regional accrediting agencies, i.e., North Central
Association of Colleges and Schools, Western Association of Schools
and Colleges, Southern Association of Colleges and Schools, New
England Association of Schools and Colleges, Northwest Association
of Schools and Colleges, Middle States Association of Schools and
Colleges, or their successor associations.
_____(2) "Applicant" means a person making application for a
license or certificate under this article.
_____(3) "ASPPB" means the Association of State and Provincial
Psychology Boards.
_____(4) "Board" means the West Virginia Board of Psychology.
_____(5) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited liability company or other entity providing psychological services.
_____(6) "Certified psychological associate" means a person
certified to practice psychology under the supervision of a
licensed psychologist.
_____(7) "Client" or "patient" means a direct recipient of
psychological services within the context of a professional
relationship including a child, adolescent, adult couple, family
group, organization, community or other populations or other
entities receiving psychological services.
_____(8) "EPPP" means the Examination for the Professional Practice
of Psychology.
_____(9)"Licensed psychologist" means a person licensed to practice
psychology under this article.
_____(10) "Licensed psychological practitioner" means a person
licensed to practice psychology under this article.
_____(11) "Licensee" means a person holding a license issued under
this article.
_____(12) "Permit" or "temporary permit" means a temporary permit
issued under this article.
_____(13) "Permittee" means any person holding a temporary permit
issued pursuant to this article.
_____(14) "Practice of psychology" means the observation,
description, analysis, evaluation, interpretation, prediction, and
modification of human behavior by the application of psychological principles, methods, and procedures, on a client or patient,
regardless of whether payment is received for services rendered,
and as further described in section eight of this article.
_____(15) "Practice of school psychology" means the rendering or
offering to render to an individual or to the public, regardless of
whether payment is received for services rendered, school
psychological services whether rendered to individuals, families,
groups, systems or organizations.
_____(16) "Psychology" means: The science involving the principles,
methods and procedures of understanding, predicting and influencing
behavior; the principles pertaining to learning, perception,
motivation, thinking, emotions and interpersonal relationships; the
methods and procedures of interviewing and counseling; the methods
and procedures of psychotherapy, meaning the use of learning,
conditioning methods and emotional reactions, in a professional
relationship, to assist a person or persons to modify feelings,
attitudes and behavior, which are intellectually, socially,
physically or emotionally maladjustive or ineffectual; the
constructing, administering and interpreting of tests of
intelligence, special abilities, aptitudes, interests, attitudes,
personality characteristics, emotions and motivation; the
psychological evaluation, prevention and improvements of problems
of individuals and groups; and the resolution of interpersonal and
social conflicts.
_____(17) "School board" means a county school board, the West
Virginia Department of Education, or a Regional Educational Service
Agency.
_____(18) "School board employee" means a person who provides
services for the school board and is reimbursed via a salary and
benefits and who has met the educational requirements under the
state law and regulations of the West Virginia Board of Education
to be certified or otherwise empowered by the State Superintendent
of Schools to provide school psychological services for school
boards.
_____(19) "School board contractee" means a person who provides
services for one or more school boards and is reimbursed on a per
evaluation, per unit of service or some other contract basis.
§30-21-4. Board of Psychology.
_____(a) The Board of Examiners of Psychologists is continued. On
July 1, 2013, the West Virginia Board of Examiners of Psychologists
is renamed the West Virginia Board of Psychology. The members of
the board in office on July 1, 2013, are removed, but are eligible
to be reappointed to the board for one additional term.
_____(b) Effective July 1, 2013, the board shall consist of the
following seven members, who are appointed to staggered terms by
the Governor with the advice and consent of the Senate:
_____(1) Four doctorate psychologists;
_____(2) Two masters psychologists or licensed psychological practitioners;
_____(3) One citizen, who may not be associated with the practice
of psychology.
_____(c) Board members shall reflect diversity within the
profession.
_____(d) Licensed board members shall have a valid license to
practice in West Virginia of at least five years duration at the
time of his or her appointment.
_____(e) The term shall be for five years.
_____(f) Members of the board must be a U.S. citizen and a resident
of this state for at least five years immediately preceding, his or
her appointment.
_____(g) Members may not have a history of suspended, revoked, or
sanctioned license or reprimand by this or any other board.
_____(h) A member may not serve more than two consecutive full
terms. A member having served two consecutive full terms may not
be appointed for one year after completion of his or her second
full term. A member may continue to serve until a successor has
been appointed and has qualified.
_____(i) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office is
vacant and the appointment shall be made within sixty days of the
vacancy.
_____(j) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
_____(k) Any member of the board immediately and automatically
forfeits his or her membership if his or her license to practice is
suspended or revoked by the board,he or she is convicted of a
felony under the laws of any jurisdiction, or he or she becomes a
nonresident of this state.
_____(l) The board annually shall elect from its membership a
president and secretary who shall serve at the will and pleasure of
the board.
_____(m) Each member of the board is entitled to compensation and
expense reimbursement in accordance with article one of this
chapter.
_____(n) A simple majority of the membership serving on the board
at a given time is a quorum for the transaction of business.
_____(o) The board shall hold at least two meetings annually. Other
meetings may be held at the call of the president or upon the
written request of four members, at the time and place as
designated in the call or request.
_____(p) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the Constitution of this state.
_____(q) The members of the board when acting in good faith and
without malice shall enjoy immunity from individual civil liability
while acting within the scope of their duties as board members.
§30-21-5. Powers and duties of the board.
_____(a) The board has all the powers and duties set forth in this
article, by rule, in article one of this chapter and elsewhere in
law.
_____(b) The board shall:
_____(1) Hold meetings;
_____(2) Establish requirements for licenses, certifications and
permits;
_____(3) Establish procedures for submitting, approving and
rejecting applications for licenses, certifications and permits;
_____(4) Determine the qualifications of an applicant for licenses,
certifications and permits;
_____(5)Examine applicants and determine their eligibility for a
license, certifications or permit to engage in the practice of
psychology;
_____(6) Prepare, conduct and grade, or adopt, written and oral
examinations of applicants for a license and determine the
satisfactory pass points;
_____(7) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examinations and the pass and fail rate;
_____(8) Maintain an office, and hire, discharge, establish the job
requirements and fix the compensation of full-time, part-time or
contracted professional, clerical or other personnel, which may include an executive director, investigators and contracted
employees, necessary to enforce this article;
_____(9) Investigate alleged violations of this article,
legislative rules, orders and final decisions of the board;
_____(10) Conduct disciplinary hearings of persons regulated by the
board;
_____(11) Determine and take disciplinary action and issue orders;
_____(12) Institute appropriate legal action for the enforcement of
this article;
_____(13) Maintain an accurate registry of names and addresses of
all persons regulated by the board;
_____(14) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;
_____(15) Establish the continuing education requirements for all
persons regulated by the board;
_____(16) Issue, renew, combine, deny, suspend, place on probation,
revoke or reinstate licenses and permits;
_____(17) Establish a fee schedule;
_____(18) Propose rules in for legislative approval accordance with
article three, chapter twenty-nine-a of this code to implement this
article; and
_____(19) Take all other actions necessary and proper to implement
this article.
_____(c) The board may:
_____(1) Contract with third parties to administer the examinations
required under this article;
_____(2) Sue and be sued in its official name as an agency of this
state; and
_____(3) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions.
§30-21-6. Rulemaking.
_____(a) The board shall propose rules for legislative approval, in
accordance with article three, chapter twenty-nine-a of this code,
to implement this article, including:
_____(1) Standards and requirements for licenses, certifications
and permits;
_____(2) Requirements for third parties to prepare and/or
administer examinations and reexaminations;
_____(3) Educational and experience requirements;
_____(4) Standards for approval of courses and curriculum;
_____(5) Procedures for the issuance and renewal of licenses,
certifications and permits;
_____(6) Supervision requirements;
_____(7) A fee schedule;
_____(8) Continuing education requirements;
_____(9) Regulation of telepractice and telepractice supervision;
_____(10) Regulation and supervision of psychometricians;
_____(11) The procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees, certifications
and permittees;
_____(12) Requirements for inactive or revoked licenses,
certifications and permits; and
_____(13) Any other rules necessary to implement this article.
_____(b) All of the board's rules in effect and not in conflict
with these provisions, shall remain in effect until they are
amended or rescinded.
§30-21-7. Fees; special revenue account; administrative fines.
_____(a) All fees and other moneys, except administrative fines,
received by the board shall be deposited in a separate special
revenue fund in the State Treasury designated, The Board of
Examiners of Psychologists Fund, which is continued and renamed
"The Board of Psychology Fund." The fund shall be used by the board
for the administration of this article. Except as may be provided
in article one of this chapter, the board retains the amount in the
special revenue account from year to year. No compensation or
expense incurred under this article is a charge against the General
Revenue Fund.
_____(b) Any amounts received as fines pursuant to this article
shall be deposited into the General Revenue Fund of the State
Treasury.
§30-21-8. License to practice psychology.
_____(a) To be eligible for a license to practice psychology as a licensed psychologist, the applicant must:
_____(1) Submit an application to the board;
_____(2) Be at least twenty-one years of age;
_____(3) Be of good moral character;
_____(4) Pay the appropriate fee;
_____(5) Obtain a doctoral degree in psychology or its equivalent,
as determined by the board, from an accredited institution of
higher learning;
_____(6) Complete two years of supervised work experience, as
prescribed by legislative rule;
_____(7) Have passed the national EPPP examination at the doctoral
level;
_____(8) Have passed the examinations prescribed by the board;
_____(9) 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 in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in an acknowledged substance abuse treatment and/or
recovery program may be considered;
_____(10) Not have been convicted of a felony or crime involving
moral turpitude in this or any jurisdiction;
_____(11) Not have been convicted of a misdemeanor or felony in any
jurisdiction if the offense for which he or she was convicted
related to the practice of psychology, which conviction remains unreversed; and
_____(12) Meet other requirements established by legislative rule
by the board.
_____(b) A person who is licensed as a psychologist in West
Virginia at the time of the effective date of this section shall be
determined to have met all requirements for licensure under this
article and shall be eligible for renewal of licensure as a
licensed psychologist in accordance with this article.
_____(c) A person who is licensed to practice psychology in another
jurisdiction for five years, who has not been disciplined, nor has
a complaint filed against them, shall be approved for licensure.
§30-21-9. License to practice psychology.
_____(a) To be eligible for a license to practice psychology as a
licensed psychologist, the applicant must:
_____(1) Submit an application to the board;
_____(2) Be at least twenty-one years of age;
_____(3) Be of good moral character;
_____(4) Pay the appropriate fee;
_____(5) Obtain a master's degree in psychology from an accredited
institution of higher learning, before July 1, 2015;
_____(6) Complete five years of supervised work experience, by July
1, 2020, as prescribed by legislative rule;
_____(7) Have passed the national EPPP examination at the ASPPB
level for independent practice;
_____(8)Have passed the examinations prescribed by the board;
_____(9) 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 in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in an acknowledged substance abuse treatment and/or
recovery program may be considered;
_____(10) Not have been convicted of a felony or crime involving
moral turpitude in this or any jurisdiction;
_____(11) Not have been convicted of a misdemeanor or felony in any
jurisdiction if the offense for which he or she was convicted
related to the practice of psychology, which conviction remains
unreversed; and
_____(12) Meet other requirements established by legislative rule
by the board.
_____(b) A person who is licensed as a psychologist in West
Virginia at the time of the effective date of this section shall be
determined to have met all requirements for licensure under this
article and is eligible for renewal of licensure as a licensed
psychologist in accordance with this article.
_____(c) This section expires July, 2015; Provided, That a person
who is licensed as a psychologist in West Virginia under this
section shall be determined to have met all requirements for
licensure under this article and shall remain eligible for renewal of licensure as a licensed psychologist in accordance with this
article.
§30-21-10. Scope of practice for a licensed psychologist.
_____A licensed psychologist may:
_____(1) Prevent, eliminate, evaluate, assess or predict
symptomatic, maladaptive, or undesired behavior;
_____(2) Evaluate and assess or facilitate the enhancement of
individual, group or organizational effectiveness, including
personal effectiveness, adaptive behavior, interpersonal
relationships, work and life adjustment, health, and individual,
group or organizational performance;
_____(3) Assist in legal decision making;
_____(4) Perform psychological test evaluation or assessment of
personal characteristics, such as intelligence, personality,
cognitive, physical, or emotional abilities; skills; interests;
aptitudes; and neuropsychological functioning;
_____(5) Perform psychoanalysis, counseling psychotherapy,
hypnosis, biofeedback, cognitive therapy, family therapy, cognitive
behavior therapy, behavior analysis and behavior therapy;
_____(6) Diagnosis, treat, and manage a mental and emotional
disorder or disability, substance use disorders, disorders of habit
or conduct, as well as of the psychological aspects of physical
illness, accident, injury, or disability;
_____(7) Perform psychoeducational evaluation, therapy, and remediation;
_____(8) Consult with other psychologists, physicians, other
healthcare professionals, client or patients regarding all
available treatment options, including medication, with respect to
provision of care for a specific client or patient;
_____(9) Provide direct services to individuals or groups for the
purpose of enhancing individual and thereby organizational
effectiveness, using psychological principles, methods or
procedures to assess and evaluate individuals on personal
characteristics for individual development or behavior change or
for making decisions about the individual, such as selection; and
_____(10) Supervise any person or activity identified in
subdivisions (1) through (9) of this section.
§30-21-11. License to practice as a Licensed Psychological
_Practitioner.
_(a) Effective January 1, 2015, to be eligible for a license to
practice psychology as a psychological practitioner, the applicant
must:
_(1) Submit an application to the board;
_(2) Be at least twenty-one years of age;
_(3) Be of good moral character;
_(4) Pay the appropriate fee;
_(5) Obtain a master's degree in psychology from an accredited
institution of higher learning;
_(6) Complete three years of supervised work experience, as
prescribed by legislative rule;
_(7) Have passed the national EPPP examination at the ASPPB
level for independent practice;
_(8) Have passed the examinations prescribed by the board;
_(9) 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 in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in an acknowledged substance abuse treatment and/or
recovery program may be considered;
_(10) Not have been convicted of a felony or crime involving
moral turpitude in this or any jurisdiction;
_(11) Not have been convicted of a misdemeanor or felony in any
jurisdiction if the offense for which he or she was convicted
related to the practice of psychology, which conviction remains
unreversed; and
_(12) Meet other requirements established by legislative rule
by the board.
§30-21-12. Scope of practice for licensed psychological
practitioner.
_____(a) A licensed psychological practitioner may practice
independently. A licensed psychological practitioner's scope of
practice for independent practice shall be determined upon examination for licensure. The board's basic requirements for
acceptable education and supervised work experience having been
met, the individual shall identify and prove evidence in his or her
areas of competence.
_____(b) A licensed psychological practitioner may petition the
board to seek additional scope of practice enhancements.
Specialized work in psychology is limited to the practice of those
with formal training in these fields, and any licensed
psychological practitioner intending to include specialized work in
their scope of practice must demonstrate to the board that their
education, training and supervised experience has adequately
prepared them for this specialized work. In no instance will the
board approve inclusion in the scope of practice of LPPs any area
of professional practice that is generally recognized to require
specialized doctoral or post-doctoral training.
_(c) An amendment to the Medicaid state plan shall be proposed
before January 1, 2015 to include the title "licensed psychological
practitioner" as an accepted provider.
§30-21-13. Certification to practice as a certified psychological
associate.
_An applicant for licensure shall obtain a certification to
practice as a certified psychological associate to obtain the
required experience for licensure under this article. To be
eligible for a certification to practice as a certified psychological associate the applicant must:
_(1) Submit an application to the board;
_(2) Be at least twenty-one years of age;
_(3) Be of good moral character;
_(4) Pay the appropriate fee;
_(5) Obtain at least a masters or doctorate degree in
psychology from an accredited institution of higher learning;
_(6) 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 in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in an acknowledged substance abuse treatment and/or
recovery program may be considered;
_(7) Not have been convicted of a felony or crime involving
moral turpitude in this or any jurisdiction;
_(8) Not have been convicted of a misdemeanor or felony in any
jurisdiction if the offense for which he or she was convicted
related to the practice of psychology, which conviction remains
unreversed; and
_(9) Pass the national EPPP examination at the level
established by ASPPB for supervised practice and meet other
requirements established by legislative rule by the board.
§30-21-14. Scope of practice for a certified psychological
associate.
_(a) A certified psychological associate may perform certain
functions within the practice of psychology under the supervision
of a licensed psychologist under conditions established by the
board.
_(b) A certified psychological associate's scope of practice
shall be determined upon examination for licensure. The board's
basic requirements for acceptable education and supervised work
experience having been met, the individual shall identify and
provide evidence of his or her areas of competence under the
supervision of a licensed psychologist.
§30-21-16. Exemptions.
_The following persons are exempt from licensure and
certification:
_(1) The activities, services, and use of title on the part of
a person in the employ of the federal government;
_(2) A person teaching psychology, conducting psychological
research, providing consultation services to organizations or
institutions, or providing expert testimony: Provided, That such
activities do not involve the delivery or supervision of direct
psychological services to individuals or groups;
_(3) A person authorized under any other provision of chapter
thirty from rendering services consistent with the laws regulating
his or her professional practice and the ethics of their
profession.
_(4) A student, intern, or resident in psychology, pursuing a
course of study approved by the department of psychology of an
educational institution rated acceptable by the board for
qualifying training and experience, provided such activities are
recognized by transcript as a part of his or her supervised course
of study;
_(5) The recognized educational activities of teachers in
accredited public and private schools, the authorized duties of
guidance counselors who are certified by the State Board of
Education, or the activities of persons using psychological
techniques in business and industrial organizations for employment
placement, promotion, or job adjustment of their own officers and
employees;
_(6) Clergy carrying out his or her responsibilities while
functioning in a ministerial capacity within a recognized religious
organization serving the spiritual needs of its constituency, if he
or she does not hold himself or herself out as a psychologist; and
_(7) A licensed psychologist who has no regular place of
practice in this state and who engages in the practice of
psychology in this state for a period of not more than ten days in
any calendar year.
_(8) A person practicing school psychology as school board
employee or school board contract employee.
§30-21-17. Renewal of license and certification.
_(a) A license to practice psychology is valid for a period of
two years from the date issued and may be renewed for a period of
two years without examination upon application for renewal on a
form prescribed by the board and payment to the board of renewal
fees to be set by the board by legislative rule.
_(b) A certification to practice psychology is valid for a
period of three years from the date issued and may be renewed for
a period of three years without examination upon application for
renewal on a form prescribed by the board and payment to the board
of a renewal fees to be set by the board by legislative rule.
_(c) The board shall charge a fee for each renewal of a license
and certification and may charge a late fee for any renewal not
paid by the due date.
_(d) The board shall require as a condition of renewal that
each licensee or certificate holder complete continuing education.
_(e) The board may deny an application for renewal for any
reason which would justify the denial of an original application
for a license or certification.
§30-21-18. Delinquent and expired license requirements.
_(a) If a license is not renewed when due, then the board shall
automatically place the licensee on delinquent status. A licensee
on delinquent status may not practice in this state.
_(b) The fee for a person on delinquent status shall increase
at a rate, determined by the board, for each month or fraction thereof that the renewal fee is not paid, up to a maximum of
thirty-six months.
_(c) Within thirty-six months of being placed on delinquent
status, if a licensee wants to return to active practice, he or she
must complete all the continuing education requirements and pay all
the applicable fees as set by rule.
_(d) After thirty-six months of being placed on delinquent
status, a license is automatically placed on expired status and
cannot be renewed. A person whose license has expired must reapply
for a new license.
§30-21-19. Inactive license requirements.
_(a) A licensee who does not want to continue an active
practice shall submit an application and any applicable fee to the
board to be granted inactive status.
_(b) Once granted inactive status, a person is not subject to
the payment of any fee and may not practice in this state.
_(c) When the person wants to return to practice, the person
shall submit an application for renewal along with all applicable
fees as set by rule.
_(d) When inactive status has been of more than five years
duration, during which time the individual has not been practicing
as a licensed psychologist in any board recognized jurisdiction, an
oral examination shall be required prior to reactivation of the
license.
§30-21-20. Temporary permit to practice psychology.
_(a) Upon proper application, the board may issue until
examination at the next available board meeting a temporary permit
to engage in the practice of psychology in this state to an
applicant of good moral character who meets this article and who
holds a valid license to practice psychology in another
jurisdiction, if the applicant demonstrates that he or she:
_(1) Holds a license or other authorization to practice
psychology in another state which requirements are substantially
equivalent to those required in this state. The board may enter
into agreements for reciprocal licensing with other jurisdictions
having substantially similar requirements for licensure;
_(2) Does not have charges pending against his or her license
or other authorization to practice, and has never had a license or
other authorization to practice revoked or otherwise sanctioned;
_(3) Has not previously failed an examination for professional
licensure in this state;
_(4) Has paid the applicable fee;
_(5) Has passed the EPPP or other examination prescribed by the
board; and
_(6) Has fulfilled any other requirement specified by the
board.
_(b) The board shall interview and examine an applicant for
licensing under this section. If the permittee fails to pass the examination, the temporary permit expires immediately.
_(c) An applicant under this section may only be issued one
temporary permit. Upon the expiration of a temporary permit, a
person may not practice psychology until he or she is licensed
under this article. In no event may a permittee practice on a
temporary permit beyond a period of one hundred eighty consecutive
days.
_(d) This section does not apply to a licensed psychologist.
§30-21-21. Display of license.
_(a) The board shall prescribe the form for a license,
certification and permit, and may issue a duplicate license,
certification or permit upon payment of a fee.
_(b) Any person regulated by the article shall conspicuously
display his or her license, certification or permit at his or her
principal place of practice.
§30-21-22. Privileged communications.
_(a) A licensee may not disclose any information provided by a
client or from persons consulting the licensee in a professional
capacity, except that which may be voluntarily disclosed under the
following circumstances:
_(1) In the course of formally reporting, conferring or
consulting with administrative superiors, colleagues or consultants
who share professional responsibility, in which instance all
recipients of such information are similarly bound to regard the communication as privileged;
_(2) With the written consent of the person who provided the
information;
_(3) In case of death or disability, with the written consent
of a personal representative, other person authorized to sue, or
the beneficiary of an insurance policy on the person's life, health
or physical condition;
_(4) When a communication reveals the intended commission of a
crime or harmful act and such disclosure is judged necessary by the
psychologist to protect any person from a clear, imminent risk of
serious mental or physical harm or injury, or to forestall a
serious threat to the public safety; or
_(5) When the person waives the privilege by bringing any
public charges against the licensee.
_(b) When the person is a minor and the information acquired by
the licensee indicates the minor was the victim of or witness to a
crime, the licensee may be required to testify in any judicial
proceedings in which the commission of that crime is the subject of
inquiry and when the court determines that the interests of the
minor in having the information held privileged are outweighed by
the requirements of justice.
_(c) Any person having access to records or anyone who
participates in providing services or who, in providing any human
services, is supervised by a licensee, is similarly bound to regard all information and communications as privileged in accord with the
section.
_(d) Nothing prohibits a licensee from testifying in court
hearings concerning matters of adoption, child abuse, child neglect
or other matters pertaining to children, elderly, and physically
and mentally impaired adults, except as prohibited under the
applicable state and federal laws.
§30-21-23. Actions to enjoin violations.
_(a) If the board obtains information that a person has engaged
in, is engaging in or is about to engage in any act which
constitutes or will constitute a violation of this article, the
rules promulgated pursuant to this article, or a final order or
decision of the board, it may issue a notice to the person to cease
and desist in engaging in the act or apply to the circuit court in
the county of the alleged violation for an order enjoining the act,
or both issue and apply.
_(b) The circuit courts of this state may issue a temporary
injunction pending a decision on the merits, and may issue a
permanent injunction based on its findings in the case.
_(c) The judgment of the circuit court on an application
permitted by this section is final unless reversed, vacated or
modified on appeal to the West Virginia Supreme Court of Appeals.
§30-21-24. Complaints; investigations; due process procedure;
_grounds for disciplinary action.
_(a) The board may upon its own motion based on credible
information, and shall upon the written complaint of a person,
cause an investigation to be made to determine whether grounds
exist for disciplinary action under this article or the legislative
rules promulgated pursuant to this article.
_(b) Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee, certificate
holder or permittee.
_(c) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee, certificate holder or permittee has violated
subsection (g) of this section or rules promulgated pursuant to
this article.
_(d) Upon a finding that probable cause exists that the
licensee, certificate holder or permittee has violated subsection
(g) of this section or rules promulgated pursuant to this article,
the board may enter into a consent decree or hold a hearing for the
suspension or revocation of the license, certificate holder or
permit or the imposition of sanctions against the licensee,
certificate holder or permittee. Any hearing shall be held in
accordance with this article.
_(e) The board president or its administrator may issue
subpoenas and subpoenas duces tecum to obtain testimony and
documents to aid in the investigation of allegations against any person regulated by the article.
_(f) The board president or its administrator may sign a
consent decree or other legal document on behalf of the board.
_(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend, restrict or revoke the license,
certification or permit of, or impose probationary conditions upon
or take disciplinary action against, any licensee, certificate
holder, or permittee for any of the following reasons once a
violation has been proven by a preponderance of the evidence:
_(1) Obtaining a license, certification or permit by fraud,
misrepresentation or concealment of material facts;
_(2) Being convicted of a felony or other crime involving moral
turpitude in this or any jurisdiction;
_(3) Committing unprofessional conduct which placed the public
at risk;
_(4) Intentional violation of a lawful order or legislative
rule of the board;
_(5) Having had a license or other authorization revoked or
suspended, other disciplinary action taken, or an application for
licensure or other authorization revoked or suspended by the proper
authorities of another jurisdiction;
_(6) Exceeding their scope of practice of psychology;
_(7) Engaging in false and deceptive advertising;
_(8) Aiding or abetting unlicensed practice; or
_(9) Engaging in an act while acting in a professional capacity
which has endangered or is likely to endanger the health, welfare
or safety of the public.
_(h) For the purposes of subsection (g) of this section,
effective July 1, 2013, disciplinary action may include:
_(1) Reprimand;
_(2) Probation;
_(3) Restrictions;
_(4) Administrative fine, not to exceed $1,000 per day per
violation;
_(5) Mandatory attendance at continuing education seminars or
other training;
_(6) Practicing under supervision or other restriction; or
_(7) Requiring the licensee, certificate holder or permittee to
report to the board for periodic interviews for a specified period
of time; or
_(8) Other corrective action deemed necessary and appropriate
by the board;
_(i) In addition to any other sanction imposed, the board may
require a licensee, certificate holder or permittee to pay the
costs of the proceedings.
_(j) The board may temporarily suspend a license, certification
or permit without a hearing while instituting proceedings for a
hearing under this section if the board possesses evidence that the psychologist's continuation in practice may constitute an immediate
danger to the public.
_(k) A licensee or certificate holder may surrender his or her
license or certification or permit when such person is charged with
unethical conduct and upon receipt of that charge the licensee or
certificate holder decides to surrender the license or
certification. The surrender and acceptance by the board shall
constitute acknowledgment by the licensee or certificate holder of
guilt as charged and is considered a public and reportable
disciplinary action. Such surrender does not rescind the
jurisdiction of the board to proceed to formal adjudication of the
matter.
_(l) The board shall also suspend or revoke any license,
certification or temporary permit if it finds the existence of any
grounds that would justify the denial of an application for such
license, certification or temporary permit if application were then
being made for it.
§30-21-25. Procedures for hearing.
_(a) Hearings are governed by section eight, article one of
this chapter.
_(b) The board may conduct the hearing or elect to have an
administrative law judge who is a licensed attorney in the state of
West Virginia conduct the hearing.
_(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a
proposed written order containing findings of fact and conclusions
of law. The proposed order may contain proposed disciplinary
actions if the board so directs. The board may accept, reject or
modify the decision of the administrative law judge.
_(d) Any member or the administrator of the board has the
authority to administer oaths, examine any person under oath and
issue subpoenas and subpoenas duces tecum.
_(e) If, after a hearing, the board determines the licensee,
certificate holder or permittee has violated this article or the
board's rules, a formal written decision shall be prepared which
contains findings of fact, conclusions of law and a specific
description of the disciplinary actions imposed.
§30-21-26. Judicial review; right of appeal.
_A licensee, certificate holder or permittee adversely affected
by a decision of the board entered after a hearing may obtain
judicial review of the decision in accordance with section four,
article five, chapter twenty-nine-a of this code, and may appeal
any ruling resulting from judicial review in accordance with
article six, chapter twenty-nine-a of this code.
§30-21-27. Penalties.
_(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a licensee,
certificate holder or permittee has committed a criminal offense under this article, the board shall bring its information to the
attention of an appropriate law-enforcement official.
_(b) A person violating this article is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $100 nor
more than $5,000 or confined in jail not more than six months, or
both fined and confined.
§30-21-28. Single act to justify penalty.
_In any action brought or in any proceeding initiated under
this article, evidence of the commission of a single act prohibited
by this article is sufficient to justify a penalty, injunction,
restraining order or conviction without evidence of a general
course of conduct.
NOTE: The purpose of this bill is to rewrite the article
concerning the practice of psychology. The bill prohibits the
practice of psychology without a license. The bill provides other
applicable sections. The bill defines terms. The bill continues and
renames the board. The bill provides for board composition,
appointments, qualifications, terms of office, filling of vacancies
and holding meetings. The bill provides for compensation and
reimbursement for board members. The bill sets forth the powers and
duties of the board. The bill clarifies rule-making authority. The
bill continues a special revenue account. The bill establishes
license and certification requirements. The bill sets forth scopes
of practices. The bill provides for licensure for persons licensed
in another state. The bill establishes renewal requirements. The
bill establishes delinquent, expired and inactive license
requirements. The bill provides temporary permit requirements. The
bill requires license to be displayed. The bill provides for
privileged communications and exceptions. The bill provides the
board may issue notices to cease and desist. The bill provides that
circuit courts may issue injunctions. The bill sets forth grounds
for disciplinary actions. The bill allows for specific disciplinary
actions. The bill provides procedures for the investigation of
complaints. The bill provides for judicial review and appeals of decisions. The bill sets forth hearing and notice requirements. The
bill provides for civil causes of action, and the bill provides for
criminal penalties.
§30-21-1, §30-21-2, §30-21-3, §30-21-4, §30-21-5, §30-21-6,
§30-21-7, §30-21-8, §30-21-9, §30-21-10, §30-21-11, §30-21-12,
§30-21-13, §30-21-14 and §30-21-17
have
been completely rewritten;
therefore, they have been completely underscored.
§30-21-16, §30-21-18, §30-21-19, §30-21-20, §30-21-21,
§30-21-22, §30-21-23, §30-21-24, §30-21-25, §30-21-26, §30-21-27
and §30-21-28 are new; therefore, they have been completely
underscored.