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WV Code § 30-31-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-1. License Required

It is unlawful for any person to practice or offer to practice professional counseling or marriage and family therapy in this state without a license issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that the person is a licensed professional counselor or a licensed marriage and family therapist unless the person has been licensed under the provisions of this article, and the license has not expired, been suspended, revoked or exempted.
WV Code § 30-31-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-2. Applicable Law

The practices of professional counseling and marriage and family therapy, and the board of Examiners of Counseling are subject to the provisions of article one of this chapter, the provisions of this article and any rules promulgated hereunder.
WV Code § 30-31-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-3. Definitions

As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:(a) “Applicant” means a person making an application for a license or renewal under the provisions of this article.(b) “Board” means the West Virginia Board of Examiners in Counseling.(c) “Clinical counseling procedures” means an approach to counseling that emphasizes the counselor's role in systematically assisting clients through all of the following including, but are not limited to, observing, assessing and analyzing background and current information; utilizing assessment techniques useful in appraising aptitudes, abilities, achievements, interests or attitudes; diagnosing; and developing a treatment plan. The goal of these procedures is the prevention or elimination of symptomatic, maladaptive or undesired behavior, cognitions or emotions in order to integrate a wellness, preventative, pathology and multicultural model of human behavior to assist an individual, couple, family, group of individuals, organization, institution or community to achieve mental, emotional, physical, social, moral, educational, spiritual, vocational or career development and adjustment through the life span of the individual, couple, family, group of individuals, organization, institution or community.(d) “Licensed professional counselor” means a person licensed under the provisions of this article to practice professional counseling.(e) “Licensee” means a person holding a license issued under the provisions of this article.(f) “Licensed marriage and family therapist” means a person licensed under the provisions of this article to practice marriage and family therapy.(g) “Marriage and family therapy” means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective or behavioral, specifically within the context of marriage and family systems, that involve the professional application of theories and techniques to individuals, couples and families, singly or in groups.(h) “Permit” means a temporary permit to practice professional counseling or marriage and family therapy issued by the board under the provisions of this article.(i) “Permittee” means a person holding a temporary permit under the provisions of this article.(j) “Professional counseling” means the assessment, diagnosis, treatment and prevention of mental, emotional or addiction disorders through the application of clinical counseling procedures. Professional counseling includes the use of psychotherapy, assessment instruments, counseling, consultation, treatment planning and supervision in the delivery of services to individuals, couples, families and groups.
WV Code § 30-31-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-5. 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, conduct hearings and administer examinations;(2) Establish requirements for licenses;(3) Establish procedures for submitting, approving and rejecting applications for a license;(4) Determine the qualifications of any applicant for a license;(5) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license;(6) Determine the passing grade for the examinations;(7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;(8) Hire, discharge, establish the job requirements and fix the compensation of the executive director;(9) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees and contracted employees necessary to enforce the provisions of this article;(10) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;(11) Establish a fee schedule;(12) Issue, renew, deny, suspend, revoke or reinstate a license;(13) Conduct disciplinary hearings of persons regulated by the board;(14) Determine disciplinary action and issue orders;(15) Institute appropriate legal action for the enforcement of the provisions of this article;(16) Maintain an accurate registry of names and addresses of all persons regulated by the board;(17) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;(18) Establish the continuing education requirements for licensees;(19) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and(20) Take all other actions necessary and proper to effectuate the purposes of this article.(c) The board may:(1) Contract with third parties to administer the examinations required under the provisions of 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.
WV Code § 30-31-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-6. Rulemaking

(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 licenses to practice professional counseling and 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;(5) The passing grade on the examination;(6) Standards for approval of courses;(7) Procedures for the issuance and renewal of a license or permit;(8) A fee schedule;(9) Continuing education requirements for licensees;(10) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee;(11) Requirements to reinstate a revoked license;(12) Specific master's and doctoral degree programs considered to be equivalent to a master's or doctoral degree program required under this article;(13) The nature of supervised professional experience approved by the board for the purposes of licensure of this article;(14) A code of ethics; and(15) Any other rules necessary to effectuate the provisions of this article.(b) All of the board's rules in effect on July 1, 2009, shall remain in effect until they are amended or repealed and references to provisions of former enactments of this article are interpreted to mean provisions of this article.
WV Code § 30-31-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-7. Fees; Special Revenue Account

(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 in Counseling Fund". The fund is 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 amount received as fines, imposed pursuant to this article, shall be deposited into the General Revenue Fund of the state Treasury.
WV Code § 30-31-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-10. Renewal Requirements

(a) A licensed professional counselor and a licensed marriage and family therapist shall annually or biennially renew his or her license at a time determined by the board, by completing a form prescribed by the board, paying the 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 properly completed and received with the appropriate fee by the board at the appropriate date.(c) The board shall require as a condition of renewal that each licensee complete continuing education.(d) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license.
WV Code § 30-31-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-13. Procedures for Hearing; Right of Appeal

(a) Hearings shall be governed by the provisions of section eight, article one of this chapter.(b) The board may conduct the hearing or elect to have an administrative law judge 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 executive director 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 has violated any provision of 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.
WV Code § 30-31-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-14. Judicial Review

Any licensee 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.
WV Code § 30-31-15 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-15. Criminal Proceedings; Penalties

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee has committed a criminal offense under this article, the board may bring the information to the attention of an appropriate law-enforcement official.(b) Effective July 15, 2009, a person violating section one of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.
WV Code § 30-31-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-16. Disclosure

All information communicated to or acquired by a licensee while engaged in the practice of counseling or marriage and family therapy with a client is privileged information and may not be disclosed by the licensee except:(a) With the written consent of the client, or in the case of death or disability, with the written consent of a personal representative or other person authorized to sue, or the beneficiary of any insurance policy on the client's life, health or physical condition;(b) When a communication reveals the contemplation of an act dangerous to the client or others; or(c) When the client, or his or her personal representative, waives the privilege by bringing charges against the licensee.
WV Code § 30-31-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 31. Licensed Professional Counselors|§30-31-17. 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.
WV Code § 30-32-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 32. Speech-Language Pathologists and Audiologists|§30-32-1. Unlawful Acts; Criminal Penalties

(a) It is unlawful for any person to practice or offer to practice speech-language pathology or audiology in this state, or advertise or use any title or description tending to convey the impression that the person is a speech-language pathologist or audiologist unless the person has been licensed under the provisions of this article, and the license has not expired, been suspended or revoked.(b) As of July 1, 2014, it is unlawful for any person to practice or represent that he or she is qualified to practice as a speech-language pathology assistant or an audiology assistant unless the person has registered with the West Virginia Board of Examiners for Speech-Language Pathology and Audiology under the provisions of this article, and the registration has not expired, been suspended or revoked.(c) It is unlawful for any business entity, except through a licensee, to render any service or engage in any activity which if rendered or engaged in by an individual, would constitute the practices licensed under the provisions of this article.(d) Any person violating any provision of subsections (a), (b) or (c) of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both.
WV Code § 30-32-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 32. Speech-Language Pathologists and Audiologists|§30-32-2. Exemptions

Nothing in this article prevents or restricts:(1) Any person licensed or registered under any other law of this state from practicing the profession and performing services for which he or she is licensed or registered;(2) A licensed physician or surgeon while engaging in the profession for which he or she is licensed;(3) A trained individual providing hearing testing or balance system assessment under the direct supervision of a licensed physician or surgeon;(4) A person credentialed by this state as a teacher of the deaf;(5) The activities and services of persons pursuing a course of study leading to a degree in speech-language pathology or audiology at a college or university, if:(A) These activities and services constitute a part of a planned course of study at that institution;(B) They are designated by a title such as intern, trainee, student or other title clearly indicating the status appropriate to their level of education; and(C) They work under the supervision of a person licensed by this state to practice speech-language pathology or audiology;(6) The activities of persons who are nonresidents of this state from engaging in the practice of speech-language pathology or audiology if the activities of the persons do not exceed five days in any calendar year and they:(A) Meet the qualifications of this article;(B) Register with the board in accordance with procedures specified by the board; and(C) Abide by the standards of professional conduct;(7) The practice of a licensed hearing aid dealer engaged solely in the practice of dealing in or fitting of hearing aids; or(8) The activity of an occupational hearing conservationist engaged in hearing testing as part of a hearing conservation program in compliance with regulations of the Occupational Safety and Health Administration.
WV Code § 30-32-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 32. Speech-Language Pathologists and Audiologists|§30-32-3. General Provisions

The practices licensed under the provisions of this article and the West Virginia Board of Examiners for Speech-Language Pathology and Audiology are subject to the provisions of article one of this chapter, the provisions of this article and any rules promulgated hereunder.
WV Code § 30-32-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 32. Speech-Language Pathologists and Audiologists|§30-32-5. Board of Examiners for Speech-Language Pathology and Audiology

(a) The West Virginia Board of Examiners for Speech-Language Pathology and Audiology is continued. The members of the board in office on July 1, 2013 may, unless sooner removed, continue to serve until their respective terms expire or until their successors have been appointed and qualified.(b) The board consists of the following members appointed by the Governor by and with the advice and consent of the Senate:(1) Two persons who are licensed speech-language pathologists;(2) Two persons who are licensed audiologists; and(3) One citizen member who is not licensed or registered under this article.(c) The terms are for three years. No member may serve for more than two consecutive terms.(d) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for at least three years.(e) Each member of the board must be a resident of this state during the appointment term.(f) No board member may serve as an officer of the West Virginia Speech Language and Hearing Association concurrently with his or her service on the board.(g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.(h) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.(i) A licensed member of the board immediately and automatically forfeits membership to the board if his or her license or registration to practice is suspended or revoked.(j) 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 jurisdiction or becomes a nonresident of this state.(k) The board shall elect annually one of its members as chairperson and one of its members as secretary-treasurer who shall serve at the will and pleasure of the board.(l) Each member of the board is entitled to receive compensation and expense reimbursement in accordance with article one of this chapter.(m) A majority of the members of the board constitutes a quorum.(n) The board shall hold at least one annual meeting. Other meetings shall be held at the call of the chairperson or upon the written request of four members, at the time and place as designated in the call or request.(o) 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.(p) Board members are immune from civil liability for the performance of their official duties so long as they act in good faith.
WV Code § 30-32-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 32. Speech-Language Pathologists and Audiologists|§30-32-6. Powers and Duties of the Board

(a) The board has all the powers and duties set forth in this article, by legislative rule, in article one of this chapter and elsewhere in law.(b) The board shall:(1) Hold meetings and conduct hearings;(2) Establish requirements for licenses and registrations;(3) Establish procedures for submitting, approving and rejecting applications for licenses and registrations;(4) Determine the qualifications of any applicant for a license or registration;(5) Communicate disciplinary actions to relevant state and federal authorities, the American Speech-Language-Hearing Association, the West Virginia Speech-Language and Hearing Association and other applicable authorities when public safety is at risk;(6) Maintain an office and hire, discharge, establish the job requirements and fix the compensation of employees and contracted employees necessary to enforce the provisions of this article;(7) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;(8) Conduct disciplinary hearings of persons regulated by the board;(9) Determine disciplinary action and issue orders;(10) Institute appropriate legal action for the enforcement of the provisions of this article;(11) Maintain an accurate registry of names and addresses of all persons regulated by the board;(12) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;(13) Issue, renew, combine, deny, suspend, revoke or reinstate licenses and registrations pursuant to the provisions of this article;(14) Establish a fee schedule;(15) Take all actions necessary and proper to effectuate the purposes of this article; and(16) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article.(c) The board may:(1) Approve and contract with third parties to administer the examinations required under the provisions of this article;(2) Sue and be sued in its official name as an agency of this state;(3) Confer with the Attorney General or his or her assistants in connection with legal matters and questions; and(4) Perform random audits of continuing education, supervision records and documentation of licensure and registration requirements to determine compliance with this article.