reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20A. Athletic Trainers › §30-20A-10. Inactive License Requirements

(a) A licensee who does not want to continue an active practice shall notify the board in writing and be granted inactive status.
(b) A person granted inactive status is not subject to the payment of any fee and may not practice athletic training in this state.
(c) When the person wants to return to the practice of athletic training, 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 20A. Athletic Trainers › §30-20A-12. Display of License

(a) The board shall prescribe the form for a license and permit, and may issue a duplicate license or permit upon payment of a fee.
(b) Any person regulated by the article shall conspicuously display his or her license or permit at his or her principal business location.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20A. Athletic Trainers › §30-20A-14. Procedures for Hearing; Right of Appeal

(a) Hearings are governed by §30-1-8 of this code.
(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 secretary 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 provisions of this article or the boards 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 20A. Athletic Trainers › §30-20A-15. 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 §29A-5-4 of this code, and may appeal any ruling resulting from judicial review in accordance with §29A-6-1 et seq. of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 20A. Athletic Trainers › §30-20A-16. 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 §30-20A-1 of this code 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 21. Psychologists; School Psychologists › §30-21-1. Legislative Findings and Declaration of Public Policy

The Legislature of the State of West Virginia hereby determines and finds that in the public interest persons should not engage in the practice of psychology in this state without the requisite experience and training and without adequate regulation and control; and that there is presently no adequate means to protect the interests of the citizens of this state from the unauthorized, unqualified and unregulated practice of psychology. It is therefore declared to be the public policy of this state that the practice of psychology affects the general welfare and public interest of the state and its citizens; that persons without the necessary qualifications, training and education, and persons not of good character should not engage in the practice of psychology; and that the evils of such unauthorized and unqualified practice may be best prevented and the interest of the public best served by regulating and controlling such practice as provided in this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-3. License Required; Firms, Associations and Corporations Engaging in the Practice of Psychology

(a) No person shall engage in, offer to engage in, or hold himself or herself out to the public as being engaged in, the practice of psychology in this state, nor shall any person use in connection with any trade, business, profession or occupation, except in those instances specifically excluded from the definition of the practice of psychology by subparagraphs (1), (2), (3), (4) and (6), subdivision (e), section two of this article, the word "psychologist," "psychology," "psychological" or any other title, word or abbreviation which induces or tends to induce the belief that such person is qualified to engage or is engaged in the practice of psychology, unless and until he or she shall first obtain a license or temporary permit to engage in the practice of psychology in accordance with the provisions of this article, which license or temporary permit remains unexpired, unsuspended and unrevoked: Provided, That such license or temporary permit shall not be required for an individual who is the holder of a school psychology certificate or permit issued by the West Virginia Department of Education and who is engaged in the practice of school psychology solely within the scope of employment as a school board employee: Provided, however, That no such license or temporary permit shall be required for a psychologist who is not a resident of this state, who is the holder of a license or certificate to engage in the practice of psychology issued by a state with licensing or certification requirements determined by the board to be at least as great as those provided in this article, who has no regular place of practice in this state and who engages in the practice of psychology in this state for a period of not more than ten days in any calendar year.
(b) No firm, association or corporation shall, except through a licensee or licensees, render any service or engage in any activity which if rendered or engaged in by any individual would constitute the practice of psychology.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-4. Duties of Licensee; Construction of Article

(a) It shall be the duty of a licensee when entering into any psychologist-client relationship to assist his client in obtaining professional help for all aspects of his problem which fall outside the boundaries of the licensee's competence. It shall also be the duty of a licensee to encourage his client to make provision for the medical diagnosis and treatment of relevant medical problems and, whenever indicated, to make referral to or seek consultation with medical specialists.
(b) Nothing in this article shall be construed as permitting the administering or prescribing of drugs or as infringing upon the practice of medicine and surgery.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-5. Creation of Board of Examiners of Psychologists; Members, Terms, Meetings, Officers, Oath and Compensation; General Provisions

(a) There is hereby created the state board of examiners of psychologists which shall be composed of five members appointed by the Governor by and with the advice and consent of the Senate. Each member shall have been actively engaged in the practice of psychology or in the teaching of psychology in the State of West Virginia for at least two years immediately preceding his appointment and shall be the holder of a license under the provisions of this article, or, in the case of the members first appointed, shall be eligible for such a license: Provided, That at least one member of the board shall be a licensed school psychologist.
(b) The members of the board shall be appointed for overlapping terms of three years each and until their respective successors have been appointed and have qualified, except for the original appointments. For the purpose of original appointments, two members shall be appointed for a term of three years and until their successors have been appointed and have qualified, two members shall be appointed for a term of two years and until their successors have been appointed and have qualified and one member shall be appointed for a term of one year and until his successor has been appointed and has qualified. Members may be reappointed for any number of terms. Before entering upon the performance of his duties, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state. Vacancies shall be filled by appointment by the Governor for the unexpired term of the member whose office shall be vacant and such appointment shall be made within sixty days of the occurrence of such vacancy. Any member may be removed by the Governor in case of incompetency, neglect of duty, gross immorality or malfeasance in office.
(c) The board shall elect from its membership a chairman and secretary who shall serve at the will and pleasure of the board. A majority of the members of the board shall constitute a quorum and meetings shall be held at the call of the chairman or upon the written request of three members at such time and place as designated in such call or request, and, in any event, the board shall meet at least once annually to conduct the examination hereinafter provided for and to transact such other business as may come before it. Members may be paid such reasonable compensation as the board may from time to time determine, and in addition may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties, which compensation and expenses shall be paid in accordance with the provisions of subsection (b), section six of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-7a. Eligibility for School Psychologist Resident

(a) To qualify as a school psychologist resident the applicant must have obtained a master's degree in school psychology from a board approved graduate program within a board approved institution of higher education.
(b) If such individuals are employed by school board(s) to practice school psychology, they may, within sixty days of the initiation of their employment, register with the board and pay a reasonable fee.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-7b. Eligibility for Licensed School Psychologist

To meet minimum requirements for this license the applicant must:
(1) Have obtained a valid certificate of school psychology granted by the State Superintendent of Schools, have obtained a certificate of advanced study in school psychology and obtained a master's degree in school psychology from a board-approved institution of higher education, or have received equivalent training as determined by the board;
(2) Have completed at least three academic years of supervised experience in school psychology which includes a one year post degree internship or externship towards completion of the requirements for a certificate of advance study in school psychology or similar designation approved by the board: Provided, That such supervised experience shall include at least one face to face meeting between the supervisor and supervisee per month.
(3) Have passed a standardized national examination in school psychology promulgated by the National Association of School Psychologists or other similar organizations and approved as a standardized testing vehicle for school psychologists by the board;
(4) Have passed an oral examination conducted by the board; and
(5) Complete appropriate application and other forms, provide evidence of credentials, and pay appropriate fees as determined by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-7c. Eligibility for Licensed School Psychologist Independent Practitioner

(1) Such applicants shall meet all the minimum requirements for eligibility as a licensed school psychologist;
(2) Complete an additional two years of board approved supervision by a licensed school psychologist; and
(3) Pass an oral examination conducted by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-7d. Eligibility for Current School Psychologist

(1) Any person who holds a current certificate of advanced study and has the equivalent of three academic years experience in school psychology or any licensed psychologist who has been approved by the state Department of Education on the effective date of this section shall not be required to comply with the provisions of section seven-b, article twenty-one, chapter thirty of this code. Such persons shall submit appropriate documentation of credentials to the board, application form, and pay an application fee: Provided, That such applicants pass an oral exam given by the board of psychology.
(2) Such persons seeking eligibility as a licensed school psychologist independent practitioner must meet the provisions of section seven-b of this article, must have completed the equivalency of two years supervised experience and shall complete an oral examination before the board, submit required documentation, pay appropriate fees and complete additional supervision and training requirements as determined by the board. Applicants seeking eligibility pursuant to this section must make application on or before July 1, 1992.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-7e. Eligibility of Doctoral Applicants

Applicants with a doctorate of philosophy degree or its equivalent who apply for licensure as a school psychologist must complete one year of board-approved supervision or two years of such supervision if they have not had an internship, pass a standardized national examination in school psychology as defined in subdivision (3), section seven-b of this article, pass an oral examination given by the board, and pay appropriate fees.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-8. Issuance of License; Renewal of License; Renewal Fee; Display of License

(a) The board shall issue a license to engage in the practice of psychology to those persons who meet the requirements of this article.
(b) The license shall be valid for a period of two years from the date issued and may be renewed for a period of two years without examination upon application for renewal on a form prescribed by the board and payment to the board of a reasonable renewal fee to be set by the board by legislative rule: Provided, That the board may deny an application for renewal for any reason which would justify the denial of an original application for a license.
(c) The board shall prescribe the form of licenses and each license shall be conspicuously displayed by the licensee at his principal place of practice.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-8a. Issuance of License; Renewal of License; Renewal Fee; Display of License

On and after July 1, 1991 and thereafter, whenever the board finds that applicants meet all of the requirements of this article for a license to engage in the practice of school psychology, it shall forthwith issue to them such licenses; and otherwise the board shall deny the same. The license shall be valid for a period of three years from the date issued and may be renewed for a period of three years without examination upon application for renewal on a form prescribed by the board and payment to the board of a renewal fees: Provided, That the board may deny an application for renewal for any reason which would justify the denial of an original application for a license. The board shall prescribe the form of licenses and each license shall be conspicuously displayed by the licensee at the licensee's principal place of practice.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-9. Temporary Permits

(a) Upon proper application, the board may issue, without examination, a temporary permit to engage in the practice of psychology in this state:
(1) Pending examination, to an applicant who meets the qualifications of subdivisions (1), (2), (3), (4), (6) and (7), subsection (a), section seven of this article, which temporary permit shall expire thirty days after the board gives written notice of the results of the examination held next following the issuance of such temporary permit and such permit may not be renewed nor may another permit be issued to the same person; and
(2) To a psychologist who is not a resident of this state and who meets the requirements of subdivisions (1), (2), (3), (4), (6) and (7), subsection (a), section seven of this article, which temporary permit shall be valid only for a period of ninety days in the calendar year in which issued, and such permit may not be renewed nor may another permit be issued to the same person in the same calendar year.
(b) The fee for any temporary permit shall be set by the board by legislative rule.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-10. Suspension or Revocation of License or Temporary Permit

(a) The board may at any time upon its own motion and shall upon the verified written complaint of any person conduct an investigation to determine whether there are any grounds for the suspension or revocation of a license or temporary permit issued under the provisions of this article.
(b) The board shall suspend or revoke any license or temporary permit when it finds the holder thereof has:
(1) Been convicted of a felony or other crime involving moral turpitude;
(2) Obtained a license or temporary permit by means of fraud or deceit;
(3) Been incompetent, grossly negligent, or guilty of other malpractice as defined by the board by reasonable rules and regulations; or
(4) Failed or refused to comply with the provisions of this article or any reasonable rule and regulation promulgated by the board hereunder or any order or final decision of the board.
(c) The board shall also suspend or revoke any license or temporary permit if it finds the existence of any grounds which would justify the denial of an application for such license or temporary permit if application were then being made for it.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-10a. Rulemaking

(a) The board may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to provide for:
(1) Licensure requirements, including requirements for applications, examinations, reciprocity, temporary permits and reinstatement;
(2) Fees for licenses, renewals of licenses and other services provided by the board;
(3) Experience, education and continuing education requirements and approval of courses; and
(4) Any other purpose to carry out the requirements of this article.
(b) Any rules in effect as of the passage of this article will remain in effect until amended, modified, repealed or replaced.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-12. Judicial Review; Appeal to Supreme Court of Appeals; Legal Representation for Board

Any person adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of section eleven of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
Legal counsel and services for the board in all appeal proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-13. Penalties

Any person who violates any of the provisions of this article, any of the reasonable rules and regulations promulgated hereunder or any order or any final decision of the board shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500, or imprisoned in the county jail not more than six months, or both fined and imprisoned.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-14. Actions to Enjoin Violations

Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any reasonable rule and regulation promulgated hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section thirteen of this article.
Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules and regulations promulgated hereunder and all orders and final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions.
The board shall be represented in all such proceedings by the Attorney General or his assistants and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21. Psychologists; School Psychologists › §30-21-15. Severability

If any provision of this article or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the article, and to this end the provisions of this article are declared to be severable.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21A. Psychologists; School Psychologists › §30-21A-2. Home State Licensure

(a) Home State shall be a Compact State where a psychologist is licensed to practice psychology.
(b) A psychologist may hold one or more Compact State licenses at a time. If the psychologist is licensed in more than one Compact State, the Home State is the Compact State where the psychologist is physically present when the services are delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.
(c) Any Compact State may require a psychologist not previously licensed in a Compact State to obtain and retain a license to be authorized to practice in the Compact State under circumstances not authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.
(d) Any Compact State may require a psychologist to obtain and retain a license to be authorized to practice in a Compact State under circumstances not authorized by Temporary Authorization to Practice under the terms of this Compact.
(e) A Home States license authorizes a psychologist to practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only if the Compact State:
(1) Currently requires the psychologist to hold an active E.Passport;
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) Requires an Identity History Summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than 10 years after activation of the Compact; and
(5) Complies with the bylaws and rules of the commission.
(f) A Home States license grants Temporary Authorization to Practice to a psychologist in a Distant State only if the Compact State:
(1) Currently requires the psychologist to hold an active IPC;
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) Requires an Identity History Summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks, compliant with the requirements of the FBI, or other designee with similar authority, no later than 10 years after activation of the Compact; and
(5) Complies with the bylaws and rules of the commission.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21A. Psychologists; School Psychologists › §30-21A-5. Conditions of Telepsychology Practice in a Receiving State

A psychologist may practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate State Psychology Regulatory Authority, as defined in the rules of the commission, and under the following circumstances:
(1) The psychologist initiates a client/patient contact in a Home State via telecommunications technologies with a client/patient in a Receiving State;
(2) Other conditions regarding telepsychology as determined by rules promulgated by the commission.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21A. Psychologists; School Psychologists › §30-21A-6. Adverse Actions

(a) A Home State may impose adverse action against a psychologists license issued by the Home State. A Distant State may take adverse action on a psychologists Temporary Authorization to Practice within that Distant State.
(b) A Receiving State may take adverse action on a psychologists Authority to Practice Interjurisdictional Telepsychology within that Receiving State. A Home State may take adverse action against a psychologist based on an adverse action taken by a Distant State regarding temporary in-person, face-to-face practice.
(c) If a Home State takes adverse action against a psychologists license, that psychologists Authority to Practice Interjurisdictional Telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologists Temporary Authorization to Practice is terminated and the IPC is revoked.
(1) All Home State disciplinary orders which impose adverse action shall be reported to the commission in accordance with the rules promulgated by the commission. A Compact State shall report adverse actions in accordance with the rules of the commission.
(2) If discipline is reported on a psychologist, the psychologist may not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.
(3) Other actions may be imposed as determined by the rules promulgated by the commission.
(d) A Home States Psychology Regulatory Authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a Receiving State as it would if that conduct had occurred by a licensee within the Home State. In such cases, the Home States law shall control in determining any adverse action against a psychologists license.
(e) A Distant States Psychology Regulatory Authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under Temporary Authorization Practice which occurred in that Distant State as it would if such conduct had occurred by a licensee within the Home State. In such cases, Distant States law shall control in determining any adverse action against a psychologists Temporary Authorization to Practice.
(f) Nothing in this Compact overrides a Compact States decision that a psychologists participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the Compact States law. Compact States shall require psychologists who enter any alternative programs to not provide telepsychology services under the Authority to Practice Interjurisdictional Telepsychology or provide temporary psychological services under the Temporary Authorization to Practice in any other Compact State during the term of the alternative program.
(g) No other judicial or administrative remedies may be available to a psychologist in the event a Compact State imposes an adverse action pursuant to 30-21A-6(c) of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21A. Psychologists; School Psychologists › §30-21A-7. Additional Authorities Invested in a Compact State S Psychology Regulatory Authority

(a) In addition to any other powers granted under state law, a Compact States Psychology Regulatory Authority may:
(1) Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a Compact States Psychology Regulatory Authority for the attendance and testimony of witnesses, the production of evidence from another Compact State, or both, shall be enforced in the latter state by any court of competent jurisdiction, according to that courts practice and procedure in considering subpoenas issued in its own proceedings. The issuing State Psychology Regulatory Authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located; and
(2) Issue cease and desist, injunctive relief orders, or both, to revoke a psychologists Authority to Practice Interjurisdictional Telepsychology, Temporary Authorization to Practice, or both.
(b) During the course of any investigation, a psychologist may not change his or her Home State licensure. A Home State Psychology Regulatory Authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The Home State Psychology Regulatory Authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of the investigation, the psychologist may change his or her Home State licensure. The commission shall promptly notify the new Home State of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by Compact States pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by Compact States.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21A. Psychologists; School Psychologists › §30-21A-8. Coordinated Licensure Information System

(a) The commission shall provide for the development and maintenance of a Coordinated Licensure Information System (Coordinated Database) and reporting system containing licensure and disciplinary action information on all psychologists individuals to whom this Compact is applicable in all Compact States as defined by the rules of the commission.
(b) Notwithstanding any other provision of state law to the contrary, a Compact State shall submit a uniform data set to the Coordinated Database on all licensees as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Significant investigatory information;
(4) Adverse actions against a psychologists license;
(5) An indicator that a psychologists Authority to Practice Interjurisdictional Telepsychology, Temporary Authorization to Practice, or both, is revoked;
(6) Nonconfidential information related to alternative program participation information;
(7) Any denial of application for licensure, and the reasons for such denial; and
(8) Other information which may facilitate the administration of this Compact, as determined by the rules of the commission.
(c) The Coordinated Database administrator shall promptly notify all Compact States of any adverse action taken against, or significant investigative information on, any licensee in a Compact State.
(d) Compact States reporting information to the Coordinated Database may designate information that may not be shared with the public without the express permission of the Compact State reporting the information.
(e) Any information submitted to the Coordinated Database that is subsequently required to be expunged by the law of the Compact State reporting the information shall be removed from the Coordinated Database.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21A. Psychologists; School Psychologists › §30-21A-12. Date of Implementation of the Psychology Interjurisdictional Compact Commission and Associated Rules, Withdrawal, and Amendments

(a) The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh Compact 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 which 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 which has been previously adopted by the commission shall have the full force and effect of law on the day the Compact becomes law in that state.
(c) Any Compact State may withdraw from this Compact by enacting a statute repealing the same.
(1) A Compact States withdrawal may not take effect until six months after enactment of the repealing statute.
(2) Withdrawal may not affect the continuing requirement of the withdrawing States Psychology Regulatory Authority 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 psychology licensure agreement or other cooperative arrangement between a Compact State and a NonCompact State which does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the Compact States. No amendment to this Compact shall become effective and binding upon any Compact State until it is enacted into the law of all Compact States.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 21A. Psychologists; School Psychologists › §30-21A-13. Construction and Severability

This Compact shall be liberally construed so as to effectuate the purposes thereof. If any term or provision of this Compact shall be held to be invalid for any reason, the remaining terms or provisions shall remain in full force and effect. If this Compact shall be held contrary to the Constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining Compact states.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-1. License Required to Practice

The practice of landscape architecture requires education, training and experience and should only be practiced by a licensed landscape architect. Therefore, the Legislature finds that in order to protect the health, safety, interest and welfare of the public and to provide for the regulation of landscape architecture in this state, a person must have a license, as provided in this article, to practice as a landscape architect.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-2. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice landscape architecture 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 landscape architect, unless such person has been duly licensed under the provisions of this article.
(b) It is unlawful for any firm to practice or offer to practice landscape architecture in this state without a certificate of authorization issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that it is a landscape architectural firm, unless such firm has been issued a certificate of authorization under the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-5. Board of Landscape Architects

(a) The West Virginia Board of Landscape Architects is hereby continued and shall be composed of three members, two of whom must be licensed landscape architects, appointed by the Governor by and with the advice and consent of the Senate, for staggered terms of three years.
(b) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for a period of not less than three years and must have been a resident of this state for a period of not less than one year immediately preceding the appointment.
(c) Each member of the board must be a resident of this state during the appointment term.
(d) No member may serve more than three consecutive full terms and any member having served three consecutive full terms may not be appointed for one year after completion of his or her third full term. A member shall continue to serve until his or her successor has been appointed and qualified. Any member currently serving on the board on the effective date of this article may be reappointed in accordance with the provisions of this section.
(e) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.
(f) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(g) Any member of the board immediately and automatically forfeits his or her membership if he or she has his or her license to practice suspended or revoked by the board, is convicted of a felony under the laws of any state or the United States, or becomes a nonresident of this state.
(h) The board shall designate one of its members as chairperson and one member as secretary-treasurer who shall serve at the will of the board.
(i) Each member of the board is entitled to receive compensation and expense reimbursement in accordance with article one of this chapter.
(j) A majority of the members of the board shall constitute a quorum.
(k) The board shall hold at least one annual meeting. Other meetings shall be held at the call of the chairperson or upon the written request of two members, at such time and place as designated in the call or request.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-6. Powers and Duties of the Board

(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter, and elsewhere in law.
(b) The board's powers and duties include:
(1) Holding meetings, conducting hearings and administering examinations and reexaminations;
(2) Setting the requirements for a license, temporary permit and certificate of authorization;
(3) Establishing procedures for submitting, approving and rejecting applications for a license, temporary permit and certificate of authorization;
(4) Determining the qualifications of any applicant for a license, temporary permit and certificate of authorization;
(5) Preparing, conducting, administering and grading written, oral or written and oral examinations and reexaminations for a license;
(6) Contracting with third parties to prepare and/or administer the examinations and reexaminations required under the provisions of this article;
(7) Determining the passing grade for the examinations;
(8) Maintaining records of the examinations and reexaminations the board or a third party administers, including the number of persons taking the examination or reexamination and the pass and fail rate;
(9) Maintaining an accurate registry of names and addresses of all persons and firms regulated by the board;
(10) Defining, by legislative rule, the fees charged under the provisions of this article;
(11) Issuing, renewing, denying, suspending, revoking or reinstating licenses, temporary permits and certificates of authorization;
(12) Establishing, by legislative rule, the continuing education requirements for licensees;
(13) Suing and being sued in its official name as an agency of this state;
(14) Maintaining an office, and hiring, discharging, setting the job requirements and fixing the compensation of employees and investigators necessary to enforce the provisions of this article;
(15) Investigating alleged violations of the provisions of this article, the rules promulgated hereunder, and orders and final decisions of the board;
(16) Conducting disciplinary hearings of all persons and business entities regulated by the board;
(17) Setting disciplinary action and issuing orders;
(18) Instituting appropriate legal action for the enforcement of the provisions of this article;
(19) Keeping accurate and complete records of its proceedings, and certifying the same as may be appropriate;
(20) Proposing rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and
(21) Taking all other actions necessary and proper to effectuate the purposes of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-7. Rule-Making Authority

(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 the establishment of:
(1) Standards and requirements for licensure, temporary permits and certificates of authorization;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;
(4) Educational and experience requirements, and the passing grade on the examination for licensure;
(5) Procedures for the issuance and renewal of a license, temporary permit and certificate of authorization;
(6) A fee schedule: Provided, That the fee schedule in effect as of July 1, 2005, will remain in effect until amended, modified, repealed or replaced by the legislative rule promulgated pursuant to this subsection;
(7) Continuing education requirements for licensees;
(8) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee, permittee or certificate of authorization holder;
(9) Requirements for inactive or revoked licenses, temporary permits or certificates of authorization; and
(10) Any other rules necessary to effectuate the provisions of this article.
(b) All rules in effect on the effective date of this article shall remain in effect until they are amended, modified, repealed or replaced.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-8. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the state Treasury designated the "Board of Landscape Architects Fund," which fund is hereby continued. The fund shall be used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(b) Any amounts received as fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the state Treasury.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 22. Landscape Architects › §30-22-9. Education, Experience and Examination Requirements for Licensure

(a) An applicant for licensure under this article must have completed one of the following educational and/or experience requirements:
(1) Has a bachelor degree in landscape architecture from an accredited college or university and at least two years of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect;
(2) Has a graduate degree in landscape architecture from an accredited college or university and at least one year of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect; or
(3) (A) Prior to December 31, 2006, has completed at least ten years of experience in landscape architecture, including at least six years of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect; or
(B) Prior to December 31, 2006, has begun the ten years of experience in landscape architecture set out in subdivision (3) (A) of this subsection, and has not completed the experience requirements prior to December 31, 2006, then the person must notify the board that he or she will be making application under this subdivision and comply with the procedures prescribed by the board; or
(C) On and after January 1, 2007, has completed at least ten years of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect.
(b) An applicant for licensure under this article must pass the examination prescribed by the board.