West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-06 - Psychophysiological Detection Of Deception Examinations, Limitations Of Use, Requirements, Licenses And Penalties › Section 42-6-8 - Conditions and Procedures for Psychophysiological Detection of Deception Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The minimum standards of procedure for administering psychophysiological
				detection of deception examinations:
(a) The
				examiner shall inform the prospective examinee that taking the
				psychophysiological detection of deception examination is a voluntary act and
				the examiner must obtain the written consent of the examinee to undergo
				examination;
(b) The examiner shall
				not conduct an examination on any person whom he or she believes, through
				observation or any other credible evidence, to be physically or psychologically
				unfit for the examination at that time;
(c) The examiner shall, immediately upon
				request of the examinee, terminate an examination in progress;
(d) The examiner shall not render a verbal or
				written opinion based on chart analysis, until the examinee has had a
				reasonable opportunity to explain any reactions to pertinent
				questions;
(e) The examiner shall
				not interrogate or conduct an examination of an examinee's sexual behavior, or
				ask any questions that can be construed as being sexually oriented or
				personally embarrassing to the examinee, regardless of marital status, unless
				the topic is a specific issue or unless it refers to the basic matter pertinent
				to the examination;
(f) The
				examiner shall not conduct an examination when he or she has reason to believe
				the examination is intended to circumvent or defy the law;
(g) The examiner shall not knowingly issue a
				psychophysiological detection of deception examination report which is
				misleading, biased or falsified in any way. Each report shall be a factual,
				impartial and an objective account of the pertinent information developed
				during the examination and the examiner's professional conclusion, based on
				analysis of the psychophysiological detection of deception charts;
(h) The examiner shall not conduct a
				psychophysiological detection of deception examination without first reviewing
				the issues to be covered during the examination and the general content of the
				questions to be asked during the examination with the examinee;
(i) The examiner shall not render a
				conclusive verbal or written decision, based on chart analysis, as to the
				truthfulness or deception of the examinee without having administered two (2)
				or more psychophysiological detection of deception charts covering the same
				relevant issue. The examiner may terminate an examination in progress at his or
				her own discretion when, in his or her opinion, the examinee has become
				physically or psychologically unfit, or has become uncooperative to the point
				that it would be useless to continue the examination;
(j) All questions and answers asked during a
				psychophysiological detection of deception examination shall be marked on the
				psychophysiological detection of deception charts at the appropriate place on
				the chart where the question was asked and the answer given. If a question
				sheet with numbered questions is used, the number of the asked question along
				with the answer given shall be noted; and the question sheet shall be attached
				to the psychophysiological detection of deception chart and made a part of the
				examinee's file. Each psychophysiological detection of deception chart should
				be identified as to the person being examined, the examiner, time and date of
				the examination and the chart number;
(k) The examiner shall not, unless
				professionally qualified to do so, include in any written report, any statement
				purporting to be a medical, legal or psychiatric opinion or which would
				infringe upon areas under the cognizance of professionals in these fields. The
				examiner may describe the appearance or behavior of the examinee, if this is
				pertinent to the examination, as long as the examiner refrains from offering
				any diagnosis which he or she is professionally unqualified to make;
				and
(l) The examiner shall report
				to the Commissioner any action or misconduct on the part of another examiner
				which would be in violation of the provisions of W. Va. Code §§21 et
				seq. or the rule promulgated under the Code..