H. B. 4061
(By Delegates Douglas, Kuhn,
Perdue,
Hatfield, Caputo, L. Smith and Willison)
[Introduced January 18, 2000; referred to the
Committee
on Government Organization.]
A BILL to amend and reenact sections two and seven, article thirty-
one, chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
seven-a, relating to authorizing the West Virginia board of
examiners in counseling to propose legislative rules for
restricted practice licensure of addictions counselors.
Be it enacted by the Legislature of West Virginia:
That sections two and seven, article thirty-one, chapter
thirty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that said
article be further amended by adding thereto a new section,
designated section seven-a, all to read as follows:
§30-31-2. Definitions.
As used in this article:
(1) "Applicant" means any person making an application for an
original or renewal license under the provisions of this article;
(2) "Board" means the West Virginia board of examiners in
counseling established by this article;
(3) "Counseling" means rendering, offering to render or
supervising those who render any service for compensation or other
personal gain involving the application of mental health counseling
procedures to help in learning how to solve problems or make
decisions related to careers, personal growth, marriage, family or
other interpersonal or intrapersonal concerns;
(4) "Counselor" means one who holds himself or herself out to
the public as engaged in the practice of counseling as defined
herein, and, in so doing, represents that he or she has the
knowledge, training, expertise and ethical standards necessary to
engage in such practice;
(5) "Licensed professional counselor" means a counselor as
defined herein who holds a valid license to practice counseling
issued pursuant to this article; and
(6) "Mental health counseling procedures" include, but are not
restricted to, the use of methods and techniques which contribute
to self-understanding, desired personal behavior change or more
effective interpersonal behavior; assessment techniques useful in
appraising aptitudes, abilities, achievements, interest or
attitudes; informational and community resources for career, personal or social development; individual and group techniques
which facilitate problem-solving behavior or decision making; and
ion, referral and placement techniques and methods which serve to
further the goals of counseling.
(7) "Substance abuse counseling procedures" or "addictions
counseling procedures" include, but are not restricted to,
informing, motivating, guiding and assisting those persons affected
either directly or indirectly by problems related to the misuse of
alcohol and/or other drugs, or by problems related to addictions.
(8) "Supervised setting" means an institution, clinic or
other health care facility employing a counselor holding a
restricted practice license under section seven-a of this article,
where one or more health care professionals fully licensed under
this chapter, which may include persons other than the approved
professional supervisor, are generally available on the premises.
(9) "Supervision" means individual control or direction over
the services of a counselor holding a restricted practice license
under section seven-a of this article, by an approved professional
supervisor as defined by the board by rule. Continual and
uninterrupted physical presence of the approved professional
supervisor is not required so long as he or she is available for
telephone consultation, and meets the requirement for one (1) hour
of direct individual supervision for every twenty (20) hours of
services provided by the counselor holding a restricted practice license as provided in section seven-a of this article.
§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 which shall be evidenced
as follows:
(A) If the applicant has never been convicted of a felony or
a crime involving moral turpitude,
by submitting 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;
(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:
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;
(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:
(A) Is a resident of or employed in this state on the
effective date of this article;
(B) Makes an application for a license within twelve months
after the date all initial appointees to the board commence serving
their terms;
(C) Meets the qualifications set forth in subdivisions (1)
through (3), subsection (a) of this section; and
(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) (b) 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,
is eligible for licensure.
(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
as established by the board.
(d) Any person who has been continually licensed under this
article since the year one thousand nine hundred eighty-seven,
pursuant to prior enactments permitting waiver of certain
examination and other requirements, is eligible for renewal of
licensure.
§30-31-7a. Restricted practice license for addictions counselors.
(a) On or before the first day of July, two thousand, the
board shall propose rules for legislative approval in accordance
with the provisions of article three, chapter twenty-nine-a of this code, authorizing restricted practice licensure for addictions
counselors who meet all of the requirements for licensure set forth
in section seven of this article, other than the requirement that
the applicant hold a master's or doctorate degree, and who make
application to the board within two years of the date of passage of
the rule. The rule shall set forth requirements related to the
practice of substance abuse counseling procedures or addictions
counseling procedures under supervision in a supervised setting.
(b) Rules pursuant to this section shall require that
applicants for restricted practice licensure:
(1) Hold current certification as a certified addictions
counselor (CAC) by the international certification reciprocity
consortium/alcohol and other drugs of abuse (ICRC/AODA) or its
successor organization and be in good standing with the West
Virginia certification board for addictions professionals or its
successor organization;
(2) Hold a baccalaureate degree which would meet the
qualifications for admission to an accredited graduate degree
program in counseling;
(3) Document acceptance to and enrollment in an educational
program that would, within seven years of the date of application,
lead to:
(A) the award of 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 training equivalent to an
accredited counseling program or in a field closely related to a
master's degree in an accredited counseling program as determined
by the board, and at least two years of supervised professional
experience, at least one year of which must be attained after
earning the master's degree, all as approved by the board; or
(B) the award of a doctorate degree in an accredited
counseling program or in a field closely related to an accredited
counseling program as approved by the board, or training equivalent
to a doctorate degree in an accredited counseling program or in a
field closely related to an accredited counseling program as
approved by the board, and at least one year of supervised
professional experience which must be attained after earning the
doctorate degree, all as approved by the board;
(4) Submit a written job description or summary outlining the
duties of the applicant's current or proposed employment working
with addicted persons or their families;
(5) Submit a description of the institution, clinic or other
setting where services to addicted persons or their families are
being or will be provided;
(6) Submit the curriculum vitae of an approved professional
supervisor as defined by the board by rule, together with a letter
signed by that individual agreeing to supervise the applicant's
practice under the restricted practice license; and
(7) Submit other information that the board may reasonably
require.
(c) The rules related to supervision of counselors holding a
restricted practice license under this section shall require a
minimum of one (1) hour of direct individual supervision by the
approved professional supervisor for every twenty (20) hours of
counseling services provided by the counselor holding a restricted
practice license. The direct individual supervision shall include
examination of selected patient or client records of sufficient
number to assure adequate review of the scope of practice of the
counselor holding a restricted practice license, and periodic, at
least monthly, education and review sessions discussing specific
problems, therapeutic approaches, procedures and specific patients
or clients.
(d) The board shall review, at least annually, the
educational progress of each person holding a restricted practice
license under this article, to verify that his or her progress is
sufficient to meet the requirements of the board and of this
article. Annual renewal of the restricted practice license is
conditioned upon continued approved supervision, continued
educational progress which must include at a minimum the successful
completion of six (6) hours of approved graduate coursework per
year, and compliance with the requirements of rules promulgated
pursuant to this section.
Section seven-a (7a) is new; therefore, strike-throughs and
underscoring have been omitted.
This bill is recommended by the Joint Committee on Government
Organization for passage during the regular 2000 legislative
session.
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