reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 31A. Licensed Professional Counseling Compact › §30-31A-1. Purpose

The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services and the practice of professional counseling occurs in the state where the client is located at the time of counseling services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(1) Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;
(2) Enhance the states ability to protect the publics health and safety;
(3) Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;
(4) Support spouses of relocating active-duty military personnel;
(5) Enhance the exchange of licensure, investigative, and disciplinary information among member states;
(6) Allow for the use of telehealth technology to facilitate increased access to professional counseling services;
(7) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;
(8) Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;
(9) Eliminate the necessity for licenses in multiple states; and
(10) Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 31A. Licensed Professional Counseling Compact › §30-31A-5. Obtaining a New Home State License Based on a Privilege to Practice

(a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time.
(b) If a licensed professional counselor changes primary state of residence by moving between two member states:
(1) The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in 30-31A-4 of this code via the data system, without need for primary source verification except for:
(A) A Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to the applicable rules adopted by the commission in accordance with Public Law 92-544;
(B) Other criminal background check as required by the new home state; and
(C) Completion of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission.
(4) Notwithstanding any other provision of this compact, if the licensed professional counselor cannot meet the criteria in 30-31A-4 of this code, the new home state shall apply its requirements for issuing a new single-state license.
(5) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If a licensed professional counselor changes primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.
(d) Nothing in this compact may interfere with a licensees ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state license.
(e) Nothing in this compact may affect the requirements established by a member state for the issuance of a single-state license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 31A. Licensed Professional Counseling Compact › §30-31A-6. Active-Duty Military Personnel or Their Spouses

Active-duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. After designating a home state, the individual shall only change his or her home state through application for licensure in the new state, or through the process described in 30-31A-5 of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 31A. Licensed Professional Counseling Compact › §30-31A-7. Compact Privilege to Practice Telehealth

(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with 30-31A-3 of this code and under the rules promulgated by the commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
(b) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 31A. Licensed Professional Counseling Compact › §30-31A-10. Data System

(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse actions against a license or privilege to practice;
(4) Non-confidential information related to alternative program participation;
(5) Any denial of application for licensure, and the reason or reasons for such denial;
(6) Current significant investigative information; and
(7) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state will only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 31A. Licensed Professional Counseling Compact › §30-31A-13. Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment

(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commissions initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall be the full force and effect of law on the day the compact become law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member states withdrawal may not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing states professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact may be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact may become effective and binding upon any member state until it is enacted into the laws of all member states.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 31A. Licensed Professional Counseling Compact › §30-31A-14. Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 31A. Licensed Professional Counseling Compact › §30-31A-15. Binding Effect of Compact and Other Laws

(a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.
(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(c) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict:
Provided
, That any rule or bylaw promulgated by the Counseling Compact Commission shall not alter, amend, abolish, or contravene, the scope of practice or standard of care in the state of West Virginia for licensed professional counselors.
(d) Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon member states.
(e) All permissible agreements between the commission and the member states are binding in accordance with their terms.
(f) If any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
2023 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.
2023 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.
2023 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.
2023 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) Three persons who are licensed speech-language pathologists;
(2) Two persons who are licensed audiologists;
(3) One person who is a licensed hearing aid fitter; and
(4) 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 30-1-1
et seq
. of this code.
(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.
2023 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32. Speech-Language Pathologists and Audiologists › §30-32-7. Rulemaking

(a) The board shall propose rules for legislative approval, in accordance with the provisions of 29A-3-1
et seq
. of this code, to implement the provisions of this article, including:
(1) Standards and requirements for licenses and registrations;
(2) Requirements, qualifications and designation of third parties to establish educational requirements and to prepare and/or administer examinations and reexaminations;
(3) Procedures for the issuance and renewal of a license, registration and provisional license;
(4) A fee schedule;
(5) Continuing education and competency requirements for licensees and registrants;
(6) Establishment of competency standards;
(7) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee or registrant;
(8) Requirements for reinstatement of revoked licenses and registrations;
(9) Guidelines for telepractice;
(10) Rules to define the role of the speech-language pathology assistant or audiology assistant, including, but not limited to:
(A) The supervision requirements of licensees;
(B) The ratio of assistants to licensees;
(C) The scope of duties and restrictions of responsibilities of assistants;
(D) The frequency, duration and documentation of supervision required under the provisions of this article; and
(E) The quantity and content of pre-service and in-service instruction.
(11) Professional conduct and ethical standards of practice; and
(12) Any other rules necessary to effectuate the provisions of this article.
(b) The board may promulgate emergency rules in accordance with 29A-3-15 of this code to establish requirements and procedures for telepractice in accordance with the provisions of this article, including the scope of duties and restrictions of assistants in telepractice.
(c) All rules in effect on January 1, 2013 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.
(d) All rules in effect upon the sunset or termination of the Board of Hearing Aid Dealers and Fitters shall remain in effect until those rules are amended or repealed by the Board of Examiners of Speech Language Pathology and Audiology in accordance with the provisions of 29A-3-1 of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32. Speech-Language Pathologists and Audiologists › §30-32-8. Funds

(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 for Speech-Language Pathology and Audiology 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.
(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 32. Speech-Language Pathologists and Audiologists › §30-32-9. Qualifications for Licensure as a Speech-Language Pathologist

(a) To be eligible for licensure by the board as a speech-language pathologist, the applicant shall:
(1) Make application to the board, upon a form prescribed by the board;
(2) Pay to the board an application fee as established by the board;
(3) Possess at least a master's degree or equivalent in speech-language pathology from an educational institution approved by the board which consists of coursework approved by the board and delineated in legislative rule;
(4) Complete supervised clinical practicum experiences from an educational institution or its cooperating programs, the content of which shall be approved by the board and delineated in the rules;
(5) Complete a postgraduate professional experience as approved by the board and described in legislative rule;
(6) Pass the national examination in speech-language pathology; and
(7) Pass a jurisprudence examination developed by the board.
(b) Subject to the renewal requirements set forth in section seventeen of this article, a license issued by the board under prior enactments of this article shall for all purposes be considered a license issued under this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32. Speech-Language Pathologists and Audiologists › §30-32-10. Qualifications for Licensure as an Audiologist

(a) To be eligible for licensure by the board as an audiologist, the applicant shall:
(1) Make application to the board, upon a form prescribed by the board;
(2) Pay to the board an application fee as established by the board;
(3) Possess at least a master's degree or equivalent in audiology from an educational institution approved by the board which consists of coursework approved by the board and delineated in legislative rule;
(4) Complete supervised clinical practicum experiences from an educational institution or its cooperating programs, the content of which shall be approved by the board and delineated in the rules;
(5) Complete a postgraduate professional experience as approved by the board and described in legislative rule;
(6) Pass the national examination in audiology; and
(7) Pass a jurisprudence examination developed by the board.
(b) Subject to the renewal requirements set forth in section seventeen of this article, a license issued by the board under prior enactments of this article shall for all purposes be considered a license issued under this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32. Speech-Language Pathologists and Audiologists › §30-32-11. Provisional Licenses

(a) The board may issue a provisional license to an applicant who is in the process of obtaining postgraduate professional experience and who:
(1) Meets the academic, practicum, and examination requirements of this article;
(2) Submits an application to the board, upon a form prescribed by the board, including a plan for the content of the postgraduate professional experience; and
(3) Pays the fee.
(b) A provisional licensee may practice speech-language pathology or audiology under the general supervision of a licensed speech pathologist or audiologist only in the professional field for which the provisional license was issued.
(c) The provisional license shall be valid for a term of one year and may be renewed.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32. Speech-Language Pathologists and Audiologists › §30-32-12. Waiver of Requirements; Practice Pending Disposition of Application

(a) The board shall waive the national examination requirements in speech-language pathology and/or audiology for an applicant who either:
(1) Presents proof of current licensure in a state that has standards that are substantially equivalent to those of this state; or
(2) Holds a certificate of clinical competence in speech-language pathology or audiology from the American Speech-Language-Hearing Association in the professional field for which they seek licensure.
(b) An applicant who holds current licensure from another state with substantially equivalent standards or who holds the certificate of clinical competence from the American Speech-Language-Hearing Association may practice speech-language pathology or audiology in this state, pending the board's disposition of the application, if the applicant:
(1) Is practicing in the professional field in which the licensure or certificate of clinical competence was granted; and
(2) Has filed an application with the board and paid the appropriate application fee.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32. Speech-Language Pathologists and Audiologists › §30-32-13. Scope of Practice for Speech-Language Pathology

The scope of practice for speech-language pathology includes:
(1) Prevention, screening, consultation, assessment and diagnosis, treatment, intervention, management, counseling and follow-up services for disorders of speech (i.e., articulation, fluency, resonance and voice), language (i.e., phonology, morphology, syntax, preliteracy and language-based skills), swallowing or other upper aerodigestive functions;
(2) Cognitive aspects of communication (i.e., attention, memory, problem solving);
(3) Establishing augmentative and alternative communication techniques and strategies, including developing, selecting and prescribing of systems and devices (e.g., speech generating devices) and providing training in their use;
(4) Providing services to individuals with hearing loss and their families (e.g., Auditory training, speech reading, speech and language intervention secondary to hearing loss;
(5) Screening hearing of individuals who can participate in conventional puretone air conduction methods and screening middle ear pathology through screening tympanometry for the purpose of referral for further evaluation: Provided, That judgments and descriptive statements about the results of the screenings are limited to pass/fail determinations;
(6) Using instrumentation (e.g., videofluroscopy) to observe, collect data and measure parameters of communication and swallowing as directed by a licensed physician; and
(7) Selecting, fitting and establishing effective use of prosthetic/adaptive devices for communication, swallowing or other upper aerodigestive functions.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32. Speech-Language Pathologists and Audiologists › §30-32-14. Scope of Practice for Audiology

(a) The scope of practice for audiology includes:
(1) Facilitating the conservation of Auditory system function, developing and implementing environmental and occupational hearing conservation programs;
(2) Screening, identifying, assessing and interpreting, preventing and rehabilitating peripheral and central Auditory system disorders;
(3) Providing and interpreting behavioral and electro- physiological measurements of Auditory and vestibular functions;
(4) Selecting, fitting, programming and dispensing of amplification, assistive listening and alerting devices and programming and other systems (e.g., implantative devices) and providing training in their use;
(5) Providing audiologic and aural rehabilitation and related counseling services to individuals with hearing impairments and their families;
(6) Providing vestibular rehabilitation;
(7) Cerumen removal; and
(8) Screening of speech-language and other factors affecting communication disorders: Provided, That judgments and descriptive statements about the results of the screenings are limited to pass/fail determinations.
(b) A person licensed under this article as an audiologist is not required to obtain a license under the provisions of article twenty-six of this chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32. Speech-Language Pathologists and Audiologists › §30-32-15. Speech-Language Pathology and Audiology Assistants; Supervision Requirements

(a) Commencing July 1, 2014, speech-language pathology assistants and audiology assistants shall register with the board and shall:
(1) Possess a minimum of an associate's degree from an institution or technical training program with a program of study designed to prepare the student to be a speech language pathology or audiology assistant;
(2) Work only under the supervision of a licensee licensed in the professional field in which the assistant is working; and
(3) Meet all requirements set by the board.
(b) Licensees who supervise assistants shall:
(1) Report to the board the name and field of practice of each assistant working under the licensee's supervision;
(2) Complete initial supervision training prior to accepting an assistant for supervision and upgrade supervision training as required by the board;
(3) Document preservice training and credentials of the assistant;
(4) Provide direct supervision of the first three hours of treatment by the assistant for each patient or client, followed by a minimum of one direct observation for each subsequent two week period and document the direct observation;
(5) Provide general supervision and be responsible for the extent, kind and quality of service provided by the assistant and for all services provided by the assistant;
(6) Ensure that persons receiving services from an assistant receive prior written notification that services are to be provided, in whole or in part, by an assistant; and
(7) Meet all other requirements set by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32. Speech-Language Pathologists and Audiologists › §30-32-16. Telepractice Services

(a) Licensed speech-language pathologists and audiologists may provide services in this state by telepractice.
(b) Speech-language pathologists and audiologists providing services by telepractice shall deliver services consistent with the quality of services delivered in person, and shall:
(1) Acquire written informed consent from the student, patient or client before the services are provided;
(2) Maintain the confidentiality of the student, patient or client as required by law;
(3) Provide documentation of the delivery of services;
(4) Train assistants before allowing them to assist in the delivery of service by telepractice, and document the training and delivery of service by the assistants; and
(5) Meet any other requirements set by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32. Speech-Language Pathologists and Audiologists › §30-32-17. Renewal of License or Registration; Renewal of Lapsed License or Registration; Suspension, Revocation and Refusal to Renew; Reinstatement of Revoked License or Registration

(a) Licenses, except provisional licenses, and registrations may be renewed biennially, upon documentation of required continuing education and payment of a renewal fee.
(b) A license or registration which has lapsed may be renewed within one year of its expiration date in the manner set by the board.
(c) A license or registration which has lapsed for more than one year but fewer than five years may be reinstated, upon documentation of continuing education credits earned during the lapsed period equal to the credits required for renewal and payment of a reinstatement fee.
(d) A license or registration which has lapsed for more than five years may not be reinstated. A new license or registration may be issued to an applicant who complies with the requirements relating to the issuance of an original license or registration in effect at the time of the application.
(e) The board may suspend, revoke or refuse to renew a license or registration for any reason which would justify the denial of an original application for licensure or registration.
(f) The board may consider the reinstatement of a license or registration which has been revoked upon a showing that the applicant can resume practicing with reasonable skill and safety.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32. Speech-Language Pathologists and Audiologists › §30-32-18. 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 the provisions 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 upon its findings in the case.
(c) The judgment of the circuit court on an application permitted by the provisions of 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 32. Speech-Language Pathologists and Audiologists › §30-32-20. Procedures for Hearing; Right of Appeal

(a) Notice and hearing requirements are governed by the provisions of 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, the administrative law judge shall prepare a proposed written order at the conclusion of a hearing 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 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 registrant 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 32. Speech-Language Pathologists and Audiologists › §30-32-21. Judicial Review

Any licensee or registrant 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 32. Speech-Language Pathologists and Audiologists › §30-32-23. Required Update of Review of Legislative Auditor

On or before December 1, 2014, the Legislative Auditor shall update the Sunrise Report of January 2013 on the requirements for speech-language pathologists, audiologists and assistants to practice in public schools, and present the report to the Joint Standing Committee on Government Organization, with recommendations.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32A. Speech-Language Pathologists and Audiologists Compact › §30-32A-1. Purpose

The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient, client, or student is located at the time of the patient, client, or student encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;
(2) Enhance the states ability to protect the publics health and safety;
(3) Encourage the cooperation of member states in regulating multistate audiology and
speech-language pathology practice;
(4) Support spouses of relocating active duty military personnel;
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states;
(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that states practice standards; and
(7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32A. Speech-Language Pathologists and Audiologists Compact › §30-32A-5. Compact Privilege to Practice Telehealth

(a) Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with 30-32A-3 of this code and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
(b) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the state where the patient, client, or student is located.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32A. Speech-Language Pathologists and Audiologists Compact › §30-32A-6. Active Duty Military Personnel or Their Spouses

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32A. Speech-Language Pathologists and Audiologists Compact › §30-32A-9. Data System

(a) The commission shall provide for the development, maintenance, and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse actions against a license or compact privilege;
(4) Nonconfidential information related to alternative program participation;
(5) Any denial of application for licensure, and the reason for denial; and
(6) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state shall only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32A. Speech-Language Pathologists and Audiologists Compact › §30-32A-11. Dispute Resolution and Enforcement

(a)
Dispute resolution
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(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(b)
Enforcement
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(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorneys fees.
(3) The remedies in this section are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 32A. Speech-Language Pathologists and Audiologists Compact › §30-32A-12. Date of Implementation of the Interstate Commission for Audiology and Speech-Language Pathology Practice and Associated Rules, Withdrawal, and Amendment

(a) The compact takes effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commissions initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing participation in this compact.
(1) A member states withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing states audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.