H. B. 4057
(By Delegate Kiss, By Request)
[Introduced January 15, 1996; referred to the
Committee on Finance.]
A BILL to amend and reenact sections five, seven and eight,
article thirty-one, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the board of examiners in counseling;
authorizing the board to establish a schedule of fees by
legislative rule.
Be it enacted by the Legislature of West Virginia:
That sections five, seven and eight, article thirty-one,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.
§30-31-5. Powers and duties of board; disposition of board
funds.
(a) In addition to the duties set forth elsewhere in this
article, the board shall:
(1) Issue, renew, deny, suspend or revoke licenses to engage
in the practice of counseling and place a licensed counselor on
probation in accordance with the provisions of this article and,
in accordance with the administrative procedures hereinafter
provided, may review, affirm, reverse, vacate or modify its order
with respect to any such denial, suspension or revocation;
(2) Promulgate reasonable rules pursuant to article three,
chapter twenty-nine-a of this code, implementing the provisions
of this article and the powers and duties conferred upon the
board hereby including, but not limited to, rules setting forth:
(i) (A) Any and all specific master's and doctoral degree
programs considered to be equivalent to a master's or doctoral
degree program in counseling for purposes of licensure under
subdivision (4), subsection (a), section seven of this article;
(ii) (B) The nature of supervised professional experience
approved by the board for the purposes of licensure under
subdivision (4), subsection (a), section seven of this article;
(iii) (C) A code of ethics for licensed counselors patterned
after the codes of ethics of related professional groups; and
(iv) (D) Forms for license applications and license renewal
applications; and
(v) (E) A reasonable and appropriate schedule of fees;
(3) Keep accurate and complete records of its proceedings,
certify the same as may be appropriate and submit an annual
report to the governor and the Legislature in such form as the
governor may require;
(4) Adopt an official seal to be affixed to all licenses
issued by the board;
(5) Appoint an examiner to determine the eligibility of
applicants for a license to engage in the practice of counseling;
(6) Employ, direct, discharge and define the duties of any
and all professional, clerical or other personnel necessary to
effectuate the provisions of this article;
(7) Take any other actions as may be reasonably necessary to
effectuate the provisions of this article; and
(8) Accept gifts, grants and donations from any source for
the purposes of or incidental to this article.
(b) All moneys paid to the board shall be accepted by a
person designated by the board and deposited by him or her with
the treasurer of the state and credited to an account to be known
as the "Board of Examiners in Counseling Fund." The compensation
and expenses of members of the board and all other costs and
expenses incurred by the board in the administration of this
article shall be paid from the fund, and no part of the state's general revenue fund may be expended for such purpose.
§30-31-7. Qualifications of applicants for license;
application fee.
(a) To be eligible for a license to engage in the practice
of counseling, an applicant must:
(1) Be a legal resident of the state of West Virginia;
(2) Satisfy the board that he or she is of good moral
character and merits the public trust, as evidenced:
(i) (A) If the applicant has never been convicted of a
felony or a crime involving moral turpitude, by submitting
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
(ii) (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 (a) (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 (b) (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;
(3) Not be an alcohol or drug abuser as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code;
(4) Have earned a master's degree in an accredited
counseling program or in a field closely related to an accredited
counseling program as determined by the board, or have received
training equivalent to such degree as may be determined by the
board, and have at least two years of supervised professional
experience in counseling of such a nature as shall be designated
by the board, including at least one year's experience after
earning an aforementioned master's degree or equivalent; or have
earned a doctorate degree in an accredited counseling program or in a field closely related to an accredited counseling program as
determined by the board, or have received training equivalent to
such degree as may be determined by the board, and have at least
one year of supervised professional experience in counseling of
such a nature as shall be designated by the board after earning
an aforementioned doctorate degree or equivalent; and
(5) Have passed a standardized national certification
examination in counseling approved by the board.
(b) The following persons are eligible for a license to
engage in the practice of counseling without having passed a
standardized national certification examination in counseling:
(1) Any person who meets the qualifications set forth in
subdivisions (1) through (4), subsection (a) of this section, and
who makes an application to the board for a license before the
first day of July, one thousand nine hundred eighty-seven;
(2) Any person who:
(i) (A) Is a resident of or employed in this state on the
effective date of this article;
(ii) (B) Makes an application for a license within twelve
months after the date all initial appointees to the board
commence serving their terms;
(iii) (C) Meets the qualifications set forth in subdivisions
(1) through (3), subsection (a) of this section; and
(iv) (D) Was in the practice of counseling for two years of
the five calendar years next preceding the effective date of this
article; or
(3) Any person who holds a license or certificate to engage
in the practice of counseling issued by any other state, the
qualifications for which license or certificate are determined by
the board to be at least as great as those provided in this
article.
(c) Every applicant must submit an application for a license
to practice counseling to the secretary of the board in such
manner, on such forms and containing such information as the
board may prescribe and pay to the board a nonrefundable
application fee of fifty dollars as established by the board.
§30-31-8. Issuance of license; renewal of license; renewal
fee; information required in application for
renewal.
(a) Whenever the board finds that an applicant meets all of
the qualifications of this article for a license to engage in the
practice of counseling, it shall forthwith issue a license to the
applicant. The board shall deny a license to any applicant who
does not meet all of the qualifications.
(b) Every license to engage in the practice of counseling must be renewed biennially during the month of July. To renew a
license, a licensed professional counselor must submit an
application for renewal to the secretary of the board on such
forms as the board may prescribe and pay to the board a renewal
fee of twenty-five dollars as established by the board. Any
license which is not so renewed shall automatically lapse. Any
license which has lapsed may be renewed within two years of its
expiration date by payment to the board of the appropriate
renewal fee for each period or part thereof during which the
license was not renewed.
(c) Each application to renew a license shall contain or be
accompanied by evidence of continued professional development in
the practice of counseling as determined by the board by rule
promulgated in accordance with the provisions of chapter twenty-
nine-a of this code and any such other reasonable information as
the board may consider appropriate.
NOTE: The purpose of this bill is to allow the Board of
Examiners in Counseling to establish a schedule of fees by
legislative rule.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.