Senate Bill No. 189
(By Senators Bowman, Bailey, Jenkins, Kessler, McCabe, Minard,
Plymale, White, Boley, Foster and Wells)
____________
[Introduced January 24, 2007; referred to the Committee on
Government Organization.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §30-44-1, §30-44-2,
§30-44-3, §30-44-4, §30-44-5, §30-44-6, §30-44-7, §30-44-8,
§30-44-9, §30-44-10, §30-44-11, §30-44-12, §30-44-13, §30-44-
14, §30-44-15, §30-44-16, §30-44-17, §30-44-18, §30-44-19,
§30-44-20, §30-44-21 and §30-44-22, all relating to the
practice of marriage and family therapy.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §30-44-1, §30-44-2,
§30-44-3, §30-44-4, §30-44-5, §30-44-6, §30-44-7, §30-44-8,
§30-44-9, §30-44-10, §30-44-11, §30-44-12, §30-44-13, §30-44-14,
§30-44-15, §30-44-16, §30-44-17, §30-44-18, §30-44-19, §30-44-20,
§30-44-21 and §30-44-22, all to read as follows:
ARTICLE 44. MARRIAGE AND FAMILY THERAPY.
§30-44-1. License required to practice.
The Legislature finds that in the interest of public health:
(1) The people of this state should be protected from the
unprofessional, improper, unauthorized and unqualified practice of
marriage and family therapy; and
(2) A person performing marriage and family therapy in this
state should be licensed.
Therefore, it is the purpose of this article to regulate the
practice of marriage and family therapy in this state by requiring
that a person have a license when practicing marriage and family
therapy.
§30-44-2. Unlawful acts.
(a) It is unlawful for any person to practice or offer to
practice
marriage and family therapy in this state without a
license, issued under the provisions of this article, or to
advertise or use any title or description tending to convey the
impression that the person is a licensed marriage and family
therapist, unless such person has been duly licensed under the
provisions of this article, and such license has not expired, been
suspended or revoked.
(b) Without a licensee, it is unlawful for any business entity
to render any service or engage in any activity which if rendered
or engaged in by an individual, would constitute the practice of
marriage and family therapy.
§30-44-3. Applicable law.
The practice of marriage and family therapy and the Marriage
and Family Therapy Board of Examiners are subject to the provisions
of article one of this chapter and the provisions of this article
and any rules promulgated thereunder.
§30-44-4. Definitions.
As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:
(a) "Advertise" means, but is not limited to, the issuing or
causing to be distributed any card, sign or device to any person,
or causing, permitting or allowing any sign or marking on or in any
building, radio or television, or by advertising by any other means
to secure public attention.
(b) "Board" means the Marriage and Family Therapy Board of
Examiners.
(c) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited
liability company or other entity providing marriage and family
therapy.
(d) "License" means a marriage and family therapy license
issued under the provisions of this article.
(e) "Licensee" means a person holding a license issued under
the provisions of this article, which license is in force and not suspended or revoked as of the particular time in question;
(f) "Marriage and family therapy services," includes, but not
limited to, the diagnosis and treatment of mental and emotional
disorders, whether cognitive, affective, or behavioral, within the
context of interpersonal relationships, including marital and
family systems, and involves the professional application of
psychotherapy, counseling, evaluation, assessment instruments,
consultation, treatment planning, supervision, research and
prevention.
(g) "Qualified supervision," means the supervision of clinical
services in accordance with the standards established by the board
by an individual who has been recognized by the board as an
approved supervisor.
(h) "Recognized educational institution," means any
educational institution which grants master's or doctoral degrees
and which is recognized by the board and by a regionally recognized
educational body, or a postgraduate training institute accredited
by the commission on accreditation for marriage and family therapy
education (COAMFTE).
(i) "Temporary licensed marriage and family therapist,"
(TLMFT), means any person who has been granted a temporary license
pursuant to the provisions of this article, which license is in
force and not suspended or revoked as of the particular time in
question.
§30-44-5. Marriage and Family Therapy Board of Examiners.
(a) The West Virginia Marriage and Family Therapy Board of
Examiners is hereby created.
(b) Commencing the first day of July, two thousand seven, the
board
shall
con
sist of the following five members:
(1) Four licensed marriage and family therapists; and
(2) One citizen member who is not licensed under the
provisions of this article and does not perform any services
related to the practice licensed under the provisions of this
article.
(c) The terms shall be staggered with three licensed marriage
and family therapists serving initially for three years and the
remaining licensed marriage and family therapists and citizen
member serving initially for four years. After the initial
appointment, each member may be reappointed to serve four-year
terms. Each 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 shall continue to serve until a successor has
been appointed and has qualified.
(d) Each member of the board shall be a resident of West
Virginia during the appointment term.
(e) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office is vacant. The Governor shall fill a vacancy from among three
nominees selected by the West Virginia Association for Marriage and
Family Therapy. If the association fails to submit nominations to
the Governor, the Governor may make the appointment without the
nominations.
(f) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(g) A licensed member of the board immediately and
automatically forfeits membership to the board if his or her
license to practice has been suspended or revoked. A member of the
board immediately and automatically forfeits membership to the
board if he or she is convicted of a felony under the laws of any
state or the United States, or becomes a nonresident of this state.
(h) The board shall designate one of its members as
chairperson and one member as secretary-treasurer who shall serve
at the will of the board.
(i) Each member of the board shall receive compensation and
expense reimbursement in accordance with article one of this
chapter.
(j) A majority of the members of the board shall constitute a
quorum.
(k) The board shall hold at least two annual meetings. Other
meetings shall be held at the call of the chairperson or upon the
written request of two members, at such time and place as designated in the call or request.
(l) 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 IV of the Constitution of this State.
§30-44-6. 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's powers and duties include:
(1) Holding meetings, conducting hearings and administering
examinations and reexaminations;
(2) Setting the requirements for a license and temporary
license to practice marriage and family therapy;
(3) Establishing procedures for submitting, approving and
rejecting applications for a license and temporary license;
(4) Determining the qualifications of any applicant for a
license and temporary license;
(5) Preparing, conducting, administering and grading written
examinations and reexaminations for a license and temporary
license;
(6) Contracting with third parties to prepare and/or
administer the examinations and reexaminations required under the
provisions of this article;
(7) Determining the passing grade for the examinations;
(8) Maintaining records of the examinations and reexaminations
the board or a third party administers, including the number of
persons taking the examination or reexamination and the pass and
fail rate;
(9) Maintaining an accurate registry of names and addresses of
all persons regulated by the board;
(10) Defining, by legislative rule, the fees charged under the
provisions of this article;
(11) Issuing, renewing, denying, suspending, revoking or
reinstating licenses and temporary licenses;
(12) Establishing, by legislative rule, the continuing
education requirements for licensees;
(13) Suing and being sued in its official name as an agency of
this state;
(14) Maintaining an office, and hiring, discharging, setting
the job requirements and fixing the compensation of employees and
investigators necessary to enforce the provisions of this article;
(15) Investigating alleged violations of the provisions of
this article, the rules promulgated hereunder, and orders and final
decisions of the board;
(16) Conducting disciplinary hearings of all persons regulated
by the board;
(17) Setting disciplinary action and issuing orders;
(18) Instituting appropriate legal action for the enforcement of the provisions of this article;
(19) Keeping accurate and complete records of its proceedings,
and certifying the same as may be appropriate;
(20) Proposing rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article;
(21) Conferring with the Attorney General or his or her
assistants in connection with all legal matters and questions; and
(22) Taking all other actions necessary and proper to
effectuate the purposes of this article.
§30-44-7. Rule making.
(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to implement the provisions of this
article, including:
(1) Standards and requirements for licensure to practice
marriage and family therapy;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or
administer examinations and reexaminations;
(4) Educational and experience requirements, and the passing
grade on the examination;
(5) Standards for approval of courses;
(6) Procedures for the issuance and renewal of a license;
(7) A fee schedule;
(8) Continuing education requirements for licensees;
(9) The procedures for denying, suspending, revoking,
reinstating or limiting the practice of a licensee;
(10) Requirements for inactive or revoked licenses; and
(11) Any other rules necessary to effectuate the provisions of
this article.
§30-44-8. 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 Marriage and Family Therapy fund", which fund is
hereby created. 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 shall retain the amounts 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 imposed pursuant to this
article shall be deposited into the General Revenue Fund of the
State Treasury.
§30-44-9. Requirements for marriage and family therapy License.
(a) To be eligible for a license to practice marriage and
family therapy, the applicant must:
(1) Be of good moral character;
(2) Have earned a master's or doctorate degree in marriage and
family therapy from a recognized educational institution, or a
graduate degree in an allied field from a recognized educational
institution and graduate level course work which is equivalent to
a master's degree in marriage and family therapy, and have at least
two years of supervised professional experience in marriage and
family therapy of such nature as shall be determined by the board;
and
(3) Have passed a standardized national examination prescribed
by the board, which examination shall cover the basic subject
matter of marriage and family therapy, skills and techniques; and
(4) (A) Have 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
(i) 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 marriage and family therapist as
may be established by the production of:
(ii) 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) 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.
(b) Prior to the first day of July, two thousand eight, an
applicant may be issued a license by the Board if he or she meets
the qualifications in subdivision (1), (2) and (4) of subsection
(a,) who has five years of clinical experience in marriage and
family therapy, and is a clinical member in good standing of an
appropriate professional organization, as approved by the board.
(c) A person seeking a marriage and family therapy license
shall submit an application on a form prescribed by the board and
pay the license fee, which fee shall be returned to the applicant if the license application is denied.
§30-44-10. Exemptions from marriage and family therapist license.
(a) This article does not apply to the following activities:
(1) Teaching, lecturing or engaging in research in marriage
and family therapy so long as such activities do not otherwise
involve the practice of marriage and family therapy directly
affecting the welfare of the person counseled;
(2) The official duties of persons employed by the State of
West Virginia, any of its departments, agencies, divisions,
bureaus, political subdivisions, counties, county boards of
education, regional education service agencies, municipalities or
any other facilities or programs established, supported or funded,
in whole or in part, by any such governmental entity;
(3) The official duties of persons employed by any department,
agency, division or bureau of the United States of America;
(4) The official duties of persons serving as volunteers or
for compensation or other personal gain, in any public or private
nonprofit corporations, organizations, associations or charities
determined by the board to meet community needs;
(5) The official duties of persons who are under qualified
supervision in a training institution or facility or supervisory
arrangement recognized and approved by the board, provided the
person is designated by titles such as "marriage and family therapy
intern," "marriage therapy intern," "family therapy intern," or other reasonable facsimile of such title, and do not represent
themselves as a licensee as defined by section four of this
article;
(6) The activities of a student of counseling which are part
of the prescribed course of study at an accredited educational
institution and are supervised by a licensed professional counselor
or by a teacher, instructor or professor of counseling acting
within the official duties or scope of activities exempted by this
section; or
(7) The activities and services of qualified members of other
recognized professions such as physicians, psychologists,
psychoanalysts, social workers, professional counselors, clinical
professional counselors, lawyers, nurses, teachers and clergymen
performing marriage and family therapy within the laws of this
state, their training and any code of ethics of their professions
so long as such persons do not represent themselves as a licensee
as defined by section four of this article.
§30-44-11. Requirements for temporary marriage and family therapy
license.
(a) The board may issue a temporary marriage and family
therapy license to engage in the practice of marriage and family
therapy in this state to an applicant who meets the qualifications
for a marriage and family therapy license, but has not passed the
examination.
(b) Temporary licenses expire as provided by rule.
§30-44-12. Marriage and family therapy license from another
state; license to practice in this state.
The board may issue a license to practice marriage and family
therapy in this state, without requiring an examination, to an
applicant from another jurisdiction who:
(1) Is not a resident of this state;
(2) Is of good moral character;
(3) Holds a valid marriage and family therapy license,
certificate or other authorization to practice marriage and family
therapy in another jurisdiction and meets requirements which are
substantially equivalent to the marriage and family therapy
licensure requirements set forth in this article;
(4) Is not currently being investigated by a disciplinary
authority of this state or another jurisdiction, does not have
charges pending against his or her license or other authorization
to practice marriage and family therapy, and has never had a
license or other authorization to practice marriage and family
therapy revoked;
(5) Has not previously failed an examination for licensure in
this state;
(6) Has paid all the applicable fees; and
(7) Has completed such other action as required by the board.
§30-44-13. Scope of practice for marriage and family therapist.
(a) The scope of practice for a marriage and family therapist
includes, but is not limited to, the rendering of professional
marital and family therapy services to individuals, family groups,
couples and marital pairs, singly or in groups.
(b) A marriage and family therapist may perform services for
which he or she has received training or possesses expertise by
virtue of experience when authorized by legislative rule or by
prior board approval.
§30-44-14. License renewal requirements.
(a) A licensee shall, annually or biennially upon or before
the first day of July, renew his or her license or permit by
completing a form prescribed by the board, paying a renewal fee,
and submitting any other information required by the board.
(b) The board shall charge a fee for each renewal of a license
and a late fee for any renewal not paid in a timely manner.
(c) The board shall require as a condition for the renewal of
a license that each licensee complete continuing education
requirements.
(d) The board may deny an application for renewal for any
reason which would justify the denial of an original application
for a license.
§30-44-15. Display of license.
(a) The board shall prescribe the form for a license and
permit and may issue a duplicate license or permit
, upon payment of a fee.
(b) A licensee shall conspicuously display his or her license
at his or her principal place of practice.
§30-44-16. Refusal to issue or renew; suspension or revocation;
disciplinary action.
(a) The board may refuse to issue, refuse to renew, suspend,
revoke or limit any
license
or practice privilege and may take
disciplinary action against a
licensee who, after notice and a
hearing, has been adjudged by the board as unqualified for any of
the following reasons:
(1) Fraud, misrepresentation or deceit in obtaining or
maintaining a
license
or permit
;
(2) Failure by any
licensee to maintain compliance with the
requirements for the issuance or renewal of a license;
(3) Dishonesty, fraud, professional negligence in the
performance of marriage and family therapy
, or a willful departure
from the accepted standards of practice and professional conduct;
(4) Violation of any provision of this article or any rule
promulgated hereunder;
(5) Violation of any professional standard or rule of
professional conduct;
(6) Failure to comply with the provisions of this article or
any rule promulgated hereunder;
(7) Failure to comply with
any order or final decision of the board;
(8) Failure to respond to a request or action of the board;
(9) Conviction of a crime involving moral turpitude;
(10) Conviction of a felony or a crime involving dishonesty or
fraud or any similar crime under the laws of the United States,
this state or another jurisdiction, if the underlying act or
omission involved would have constituted a crime under the laws of
this state;
(11) Knowingly using any false or deceptive statements in
advertising; or
(12) Any conduct adversely affecting the
licensee's fitness to
perform marriage and family therapy.
(b) The board shall suspend or revoke any license if it finds
the existence of any grounds which would justify the denial of an
application for such license if application were then being made
for it.
(c) If the board suspends, revokes, refuses to issue, refuses
to renew or limits any
license
or practice privilege, the board
shall
make and enter an order to that effect
and give written
notice of the order to the person
by certified mail, return receipt
requested,
which order shall include a statement of the charges
setting forth the reasons for the action, and notice of the date,
time and place of the hearing. If a
license is ordered suspended
or revoked, then the licensee shall, within twenty days after receipt of the order, return the license
to the board
. The hearing
shall be held in accordance with the provisions of this article.
(d) Disciplinary action includes, but is not limited to, a
reprimand, censure, probation, administrative fines, and mandatory
attendance at continuing education seminars.
§30-44-17. Complaints; investigations; notice.
(a) The board may, on its own motion, conduct an investigation
to determine whether there are any grounds for disciplinary action
against a licensee. The board
shall, upon the verified written
complaint of any person,
conduct an investigation to determine
whether there are any grounds for disciplinary action against a
licensee
.
For the purposes of an investigation, a member of the
board or the executive director may issue subpoenas and subpoenas
duces tecum to obtain testimony and documents to aid in the
investigation.
(b) Upon receipt of a written complaint filed against any
licensee
, the board shall provide a copy of the complaint to the
licensee
.
(c) If the board finds, upon investigation, that probable
cause exists that the
licensee
has violated any provision of this
article or the rules promulgated hereunder, then the board shall
serve the
licensee
with a written statement of charges and a notice
specifying the date, time and place of the hearing. The hearing
shall be held in accordance with the provisions of this article.
§30-44-18. Hearing and judicial review.
(a)
Any person adversely affected by an order entered by the
board is entitled to a hearing.
A hearing on a statement of the
charges shall be held in accordance with the provisions for
hearings set forth in article one of this chapter and the
procedures specified by the board by rule.
(b) Either party may elect to have an administrative law judge
or hearing examiner conduct the hearing and must notify the other
party
o
f the electi
o
n. The administrative law judge or hearing
examiner, at the conclusion of a hearing, shall prepare a proposed
order which shall contain findings of fact and conclusions of law.
Disciplinary action may be a part of the proposed order, or the
board may reserve this obligation for its consideration. The board
may accept, reject or modify the decision of the administrative law
judge or hearing examiner.
(c) For the purpose of conducting a hearing, a member of the
board or the executive director of the board may issue subpoenas
and subpoenas duces tecum which shall be issued, served, and
enforced as specified in section one, article five, chapter
twenty-nine-a of this code, and all of the said section one
provisions dealing with subpoenas and subpoenas duces tecum shall
apply to subpoenas and subpoenas duces tecum issued for the purpose
of a hearing hereunder.
(d) If, after a hearing, the board determines the licensee has violated any provision of this article, or the board's rules, a
formal decision shall be prepared and signed by a member of the
board or the executive director of the board, which contains
findings of fact, conclusions of law and specifically lists the
disciplinary actions imposed.
(e) Any licensee adversely affected by any 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 five, chapter
twenty-nine-a of this code.
(f) In addition to any other sanction imposed, the board may
require a licensee to pay the costs of the proceeding.
§30-44-19. Injunctions.
(a) When, by reason of an investigation under this article or
otherwise, the board or any other interested person believes that
a person has
violated or is about to violate any provision of this
article, any rule promulgated hereunder, any order of the board or
any final decision of the board,
the board or any other interested
person may apply to any court of competent jurisdiction for an
injunction against such person
enjoining such person from the
violation.
Upon a showing that the person has engaged in or is
about to engage in any prohibited act or practice, an injunction,
restraining order or other appropriate order may be granted by the court without bond.
(b) The board may fine and/or issue cease and desist orders
against individuals and/or firms found to be in violation of the
provisions of this article or any rule adopted thereunder.
(c) A cause of action by the board may be brought in the
circuit court of the county where the board's office is located or
in the circuit court of the county where the cause of action took
place.
§30-44-20. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a person has
knowingly violated the provisions of this article, the board may
bring its information to the attention of the Attorney General or
other appropriate law-enforcement officer who may cause appropriate
criminal proceedings to be brought.
(b)
If a court of law finds that a person knowingly violated
any provision of this article, any rule promulgated hereunder, any
order of the board or any final decision of the board, then the
person is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than one hundred dollars and no more than
one thousand dollars for each violation, imprisoned
for up to
six
months
for each violation, or both fined and imprisoned.
§30-44-21. Single act evidence of practice.
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.
§30-44-22. Continuation of the
West Virginia Marriage and Family
Therapy Board of Examiners.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia Marriage and Family Therapy Board of
Examiners shall continue to exist until the first day of July, two
thousand fourteen, unless sooner terminated, continued or
reestablished.
NOTE: The purpose of this bill is to regulate the practice of
marriage and family therapy.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
