reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-3. Definitions

As used in this article:
(1) "Applicant" means any person making application for a license or a permit under this article.
(2) "Board" means the Board of Social Work.
(3) "Business entity" means any firm, partnership, association, company, corporation, limited partnership, limited liability company or other entity providing social work services.
(4) "Code of Ethics" means the Code of Ethics of the National Association of Social Workers.
(5) "General Supervision" means the supervising social worker provides instructions and oversight for services and is easily accessible.
(6) "Indirect supervision" means the performance of an action after instruction from a supervising social worker.
(7) "License" means a license issued under this article. A license does not mean a provisional license issued under this article.
(8) "Licensee" means a person holding a license under this article. A licensee does not mean a person provisionally licensed under this article.
(9) "Permit" means a temporary permit to practice social work issued by the board.
(10) "Permittee" means a person holding a permit issued under this article.
(11) "Supervising social worker" means a social worker, who meets the requirements of this article, who assumes responsibility for the professional care given by a person authorized by this article to work under his or her general or indirect supervision.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-4. Board of Social Work

(a) The State Board of Social Work Examiners is continued. On July 1, 2011, the State Board of Social Work Examiners is renamed the Board of Social Work. The members of the board in office on July 1, 2011, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b) The board shall consist of the following seven members who are appointed by the Governor with the advice and consent of the Senate:
(1) One independent clinical social worker;
(2) Two certified social workers;
(3) One graduate social worker;
(4) Two social workers; and
(5) One citizen member.
(c) The terms shall be for five years.
(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 five years;
(e) Each member of the board must be a resident of this state during the appointment term.
(f) 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.
(g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office shall be vacant and the appointment shall be made within sixty days of the vacancy.
(h) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(i) 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, is convicted of a felony under the laws of any jurisdiction, or becomes a nonresident of this state.
(j) The board shall elect annually one of its members as chairperson who serves at the will of the board.
(k) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.
(l) A majority of the members of the board constitutes a quorum.
(m) The board shall hold at least two meetings annually. Other meetings may 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.
(n) 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-5. 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 and permits;
(3) Establish procedures for submitting, approving and rejecting applications for licenses and permits;
(4) Determine the qualifications of an applicant for licenses and permits;
(5) 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;
(6) Hire, discharge, establish the job requirements and fix the compensation of the executive director;
(7) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators and contracted employees necessary to enforce this article;
(8) Investigate alleged violations of this article, legislative rules, orders and final decisions of the board;
(9) Conduct disciplinary hearings of persons regulated by the board;
(10) Determine disciplinary action and issue orders;
(11) Institute appropriate legal action for the enforcement of this article;
(12) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(13) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(14) Establish the continuing education requirements for licensees;
(15) Issue, renew, combine, deny, suspend, revoke or reinstate licenses and permits;
(16) Establish a fee schedule;
(17) Propose rules in accordance with article three, chapter twenty-nine-a of this code to implement this article; and
(18) 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-6. 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) Additional standards and requirements for licenses 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 and permits;
(6) A fee schedule;
(7) Continuing education requirements for licensees;
(8) Qualifications for supervisors; providing type of required supervision; requirements that shall be included within a supervisory plan; and detailed periodic documentation and successful completion of supervision required;
(9) Baccalaureate degrees related to social work;
(10) Establish critical social work workforce shortage positions, setting, areas or fields of practice;
(11) Establishing credentialing guidelines identifying advanced social work practice in existing and emerging specializations, skills and settings;
(12) The procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees and permitees;
(13) Requirements for inactive or revoked licenses and permits; and
(14) Any other rules necessary to implement this article.
(b) All of the board's rules in effect on January 1, 2011, shall remain in effect until they are amended or repealed, and references to former enactments of this article are interpreted to be consistent with this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-7. Fees; Special Revenue Account; Administrative Fines

(a) All fees in effect, shall remain in effect until they are amended or repealed by legislative rule or statute.
(b) 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 Social Work Fund", which is continued. 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.
(c) Any amount received as fines, imposed pursuant to this article, shall be deposited into the General Revenue Fund of the State Treasury.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-8. License to Practice as an Independent Clinical Social Worker

To be eligible for a license to practice as an independent clinical social worker, the applicant must:
(1) Submit an application to the board;
(2) Be at least eighteen years of age;
(3) Be of good moral character;
(4) Have obtained a master's degree from a school of social work accredited by the council on social work education that included a concentration of clinically oriented course work as defined by the board;
(5) Have completed a supervised clinical field placement at the graduate level, or post-master's clinical training that is found by the board to be equivalent;
(6) Have practiced clinical social work for at least two years in full-time employment, or three thousand hours under the supervision of an independent clinical social worker, or clinical supervision that is found by the board to be equivalent;
(7) Have passed an examination approved by the board;
(8) Have satisfied the board that he or she merits the public trust by providing the board with three letters of recommendation from persons not related to the applicant;
(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 in any jurisdiction within five years preceding the date of application for license which conviction remains unreversed;
(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 social work, which conviction remains unreversed; and
(12) Meet any other requirements established by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-9. Scope of Practice for an Independent Clinical Social Worker

A clinical social worker may:
(1) Perform all duties within the scope of practice of a licensed certified social worker, licensed graduate social worker, and licensed social worker.
(2) Apply social work theory, methods, assessment, ethics and the professional use of self to the diagnosis, treatment and prevention of psychological dysfunction, disability or impairment, including emotional and mental disorders and developmental disabilities.
(3) Clinical social work practice is based on knowledge of one or more theories of biological, psychological and social development, normal human behavior, psychopathology, the causes and effects of physical illness and disability, unconscious motivation, interpersonal relationships, family dynamics, environmental stress, social systems and cultural diversity with particular attention to the person existing as a combination of biological, psychological and social elements in his or her environment.
(4) Clinical social work includes interventions directed to interpersonal interactions, intrapsychic dynamics and life-support and management issues.
(5) Clinical social work services consist of assessment, diagnosis, treatment, including psychotherapy and counseling, client-centered advocacy, consultation and evaluation. The process of clinical social work is undertaken within the objectives of the social work profession and the principles and values of its code of ethics.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-10. License to Practice as a Certified Social Worker

(a) To be eligible for a license to practice as certified social worker, the applicant must:
(1) Submit an application to the board;
(2) Be at least eighteen years of age;
(3) Be of good moral character;
(4) Have obtained a master's degree from a school of social work accredited by the council on social work education;
(5) Have practiced social work for at least two-years post-master's experience in full-time employment or earned three thousand hours of post-masters social work experience;
(6) Have passed an examination approved by the board;
(7) Have satisfied the board that he or she merits the public trust by providing the board with three letters of recommendation from persons not related to the applicant;
(8) 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;
(9) Not have been convicted of a felony in any jurisdiction within five years preceding the date of application for license which conviction remains unreversed;
(10) 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 social work, which conviction remains unreversed; and
(11) Meet other additional requirements as established by the board.
(b) A certified social worker may engage in the practice of clinical social work, if that certified social worker has:
(1) Obtained a master's degree from a school of social work accredited by the council on social work education that included a concentration of clinically oriented course work as defined by the board;
(2) Has completed a supervised clinical field placement at the graduate level, or post-master's clinical training that is found by the board to be equivalent;
(3) Has contracted, in writing, with a licensed clinical social worker who shall assume responsibility for and supervise the certified social worker's practice as directed by the board by promulgation of legislative rules;
(4) Is an employee of an institution or organization in which the certified social worker has no direct or indirect interest other than employment.
(c) A certified social worker may not practice clinical social work until his or her contract has been approved by the board, and shall cease the practice of clinical social work immediately upon the termination of the contract. At the termination of the contract, the certified social worker shall apply for licensure as a licensed clinical social worker or request an extension of the contract from the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-11. Scope of Practice for a Licensed Certified Social Worker

A licensed certified social worker may:
(1) Perform all duties within the scope of practice of a licensed graduate social worker and licensed social worker;
(2) Apply social work theory and methods to the diagnosis, treatment and prevention of psychological dysfunction, disability or impairment, including emotional and mental disorders and developmental disabilities; and
(3) Determine behavioral health diagnosis, using diagnostic taxonomies commonly accepted across disciplines among behavioral health professionals.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-12. License to Practice as a Licensed Graduate Social Worker

(a) To be eligible for a license to practice as a graduate social worker, the applicant must:
(1) Submit an application to the board;
(2) Be at least eighteen years of age;
(3) Be of good moral character;
(4) Have obtained a master's degree from a school of social work accredited by the council on social work education;
(5) Have passed an examination approved by the board;
(6) Have satisfied the board that he or she merits the public trust by providing the board with three letters of recommendation from persons not related to the applicant;
(7) 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;
(8) Not have been convicted of a felony in any jurisdiction within five years preceding the date of application for license which conviction remains unreversed;
(9) 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 social work, which conviction remains unreversed; and
(10) Meet any other requirements established by the board.
(b) A licensed graduate social worker may engage in the practice of clinical social work, if he or she has:
(1) Obtained a master's degree from a school of social work accredited by the council on social work education that included a concentration of clinically oriented course work as defined by the board;
(2) Has completed a supervised clinical field placement at the graduate level, or post-master's clinical training that is found by the board to be equivalent;
(3) Has contracted, in writing, with a licensed clinical social worker who shall assume responsibility for and supervise the certified social worker's practice as directed by the board by promulgation of legislative rules;
(4) Be employed by an institution or organization in which the graduate social worker has no direct or indirect interest other than employment.
(c) A graduate social worker may not practice clinical social work until this contract has been approved by the board, and shall cease the practice of clinical social work immediately upon the termination of the contract. At the termination of the contract, the graduate social worker shall apply for licensure as a licensed independent clinical social worker or request an extension of the contract from the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-13. Scope of Practice for a Licensed Graduate Social Worker

A licensed graduate social worker may perform all duties within the scope of practice of a licensed social worker and provisional social worker as well as:
(1) Appropriately conduct social work education, formally teaching social work theory and methodology to bachelor's and master's level social work students.
(2) Conduct clinical or psychotherapeutic services, under the clinical supervision of another experienced and credentialed behavioral health professional, including individual, family and group methodologies.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-14. License to Practice as a Social Worker

To be eligible for a license to practice as a social worker, the applicant must:
(1) Submit an application to the board;
(2) Be at least eighteen years of age;
(3) Be of good moral character;
(4) Have a baccalaureate degree in social work from a program accredited by the council on social work education;
(5) Have passed an examination approved by the board;
(6) Have satisfied the board that he or she merits the public trust by providing the board with three letters of recommendation from persons not related to the applicant;
(7) 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;
(8) Not have been convicted of a felony in any jurisdiction within five years preceding the date of application for license which conviction remains unreversed;
(9) 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 social work, which conviction remains unreversed; and
(10) Meet any other requirements established by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-15. Scope of Practice for a Social Worker

(a) A licensed social worker may perform all duties within the scope of practice of a provisional social worker as well as:
(1) Apply social work theory, knowledge, methods, ethics and the professional use of self in social work practice including assessment, planning, intervention, counseling, evaluation, and case management supervision;
(2) Provide social advocacy activities, designed to influence social service systems and social policies in the direction of reduced disparities in social and distributive justice, especially for at risk and socially or economically disadvantaged populations;
(3) Community organization activities, designed to assist client systems at the community level to achieve desirable social or policy change toward goals of enhanced civic functioning and improved environmental responsiveness to client quality of life issues;
(4) Administration and program development, designed to develop, structure and, oversee social service systems at the organizational level; and
(5) Training activities, designed to assist clients or client systems with skill development deemed desirable to restore or enhance social functioning or adaptation; or, to assist less experienced social workers with professional skill development.
(b) A licensed social worker with a baccalaureate degree or master's degree in social work from a program accredited by the council on social work education and two years of experience, may supervise a provisionally licensed social worker.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-17. Scope of Practice for a Provisionally Licensed Social Worker

A provisionally licensed social worker may perform all of the following functions and social work services under supervision:
(1) Multi-dimensional assessment of client or client system strengths and problems with functioning or psychosocial adaptation, not including formal mental health diagnosis.
(2) Service planning and contracting with clients or clients systems to outline proposed interventive strategies for clients or client systems in order to restore or enhance social, psychosocial, or biopsychosocial functioning;
(3) Implementing service plans and problem solving methodologies to restore or enhance social, psychosocial or biospychosocial functioning of clients or client systems;
(4) Supportive and palliative counseling activities, designed to offer comfort and social encouragement to clients or client systems, not including psychotherapy;
(5) Preventive strategies such as psychoeducation and consciousness raising for at-risk systems or populations, designed to forestall difficulties with functioning and psychosocial adaptation;
(6) Case management activities designed to assist clients or client systems with gaining access to needed resources and services and to assist with coordination of services in situations where multiple providers may be involved with client care;
(7) Information and referral services; and
(8) Personal practice assessment designed to assess and document outcomes and effectiveness of one’s practice.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-18. Exemptions From This Article

The following persons are exempt from licensure, unless specifically stated in writing by the employer:
(1) A person employed as the director or administrative head of a social service agency or division, or applicants for employment to be licensed;
(2) Licensed or qualified members of other professions, such as physicians, psychologists, lawyers, counselors, clergy, educators, or the general public engaged in social work-like activities, from doing social work consistent with their training if they do not hold themselves out to the public by a title or description incorporating the words "licensed social worker" or "licensed clinical social worker" or a variation thereof;
(3) An employer from performing social work-like activities performed solely for the benefit of employees;
(4) Activities and services of a student, intern, or resident in social work pursuing a course of study at an accredited university or college, or working in a generally recognized training center, if the activities and services constitute a part of the supervised course of study; and
(5) Pending disposition of the application for a license, activities and services by a person who has recently become a resident of this state, has applied for a license within 90 days of taking up residency in this state, and is licensed to perform the activities and services in the state of former residence.
(6) An individual registered pursuant to 30-30-30 of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-19. Renewal of License

(a) All licenses are effective on the date of issuance from the board and shall expire in twenty-four months and the number of days remaining in the month after the date the license was issued.
(b) The board shall charge a fee for each renewal of a license and shall charge a late fee for any renewal not paid by the due 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.
(e) A provisional licensee shall provide all information and document progress in completing all requirements for the board to renew his or her provisional license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-20. 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 social work 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-21. Inactive License Requirements

(a) A licensee who does not want to continue an active practice must submit an application and the applicable fee to be granted inactive status.
(b) A person granted inactive status is not subject to the payment of any fee and may not practice social work in this state.
(c) When the person wants to return to the practice of social work, the person shall submit an application for renewal along with all applicable fees as set by rule.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-22. Temporary Permit to Practice Social Work

(a) Upon completion of the application and payment of the nonrefundable fees, the board may issue a temporary permit, for a period not to exceed six months, to an applicant to practice in this state, if the applicant has completed the educational requirements set out in this article, pending the examination and who works under a supervising social worker with the scope of the supervision to be defined by legislative rule. The applicant may renew the permit if the licensee receives a failing score on the examination.
(b) A temporary permit may be revoked by a majority vote of the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-24. Privileged Communications

(a) A licensee may not disclose any information acquired provided by a client or from persons consulting the licensee in a professional capacity, except that which may be voluntarily disclosed under these 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 social worker 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 social work 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 this section.
(d) Nothing shall be construed to prohibit a licensee from voluntarily 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-25. Actions to Enjoin Violations

(a) If the board obtains information that any 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 and/or apply to the circuit court in the county of the alleged violation for an order enjoining the act.
(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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-27. Procedures for Hearing; Right of Appeal

(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 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 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-28. Judicial Review

Any licensee 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-29. 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 or permittee has committed a criminal offense under this article, the board may bring its information to the attention of an appropriate law-enforcement official.
(b) A person violating section one of 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-30. Registration as a Bureau for Children and Families Service Worker

To be eligible to be registered as a service worker for the Bureau for Children and Families of the Department of Health and Human Resources, the applicant must:
(1) Submit an application to the board;
(2) Be at least 18 years of age;
(3) Have a baccalaureate degree;
(4) Have obtained employment by the bureau;
(5) Satisfy the requirements of the West Virginia Clearance for Access: Registry and Employment Screening Act provided in 16-49-1
et seq
. of this code;
(6) Satisfy the requirements provided in 30-1-24 of this code;
(7) Complete 240 hours of pre-service training developed by the bureau;
(8) Complete 20 hours of board-approved continuing social work education every two years, up to 10 of which may be earned through board-approved online education hours:
Provided
, That at least two of the hours shall be related to the Code of Ethics adopted by the board, and at least two hours shall be related to social, health, and mental health concerns of veterans and their families; and
(9) Pay the application fee.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.