reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-2 - Requirements of Graduate Degree Granting Institutions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A degree is in psychology if the
				applicant took the course of study in a department of psychology, a department
				of educational psychology, a department of education and psychology, or in a
				university department with the official designation containing the word
				"psychology" or "psychological." Core graduate level coursework required to be
				considered as a potential candidate for independent licensure as a psychologist
				includes, but is not limited to, all of the following areas: clinical
				interviewing, diagnosis and treatment planning, psychopathology, biological
				bases of behavior, ethics, assessment of children and adults, individual
				psychotherapy, clinical practicum, clinical internship, and tests and measures.
				These core areas are deemed by the Board to be fundamental to the practice of
				psychology as defined in WV Code §
									30-21-2.
2.2. The term "accredited institute of higher
				learning" is defined as colleges or universities that are accredited by one of
				the six nationally recognized regional accrediting agencies (North Central
				Association of Colleges and Schools, Western Association of Schools and
				Colleges, Southern Association of Colleges and Schools, New England Association
				of Schools and Colleges, Northwest Association of Schools and Colleges, Middle
				States Association of Schools and Colleges), or their successor associations.
				The Board reserves the right to investigate the credentials of any university
				in order to evaluate an applicant's training.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-3 - Masters Level Training Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. W. Va. Code §
									30-21-7
				requires that master's level applicants hold a "master's degree in psychology."
				For this degree to be adequate, the program of study shall include a minimum of
				50 semester hours of graduate credit. Coursework shall be clearly identified by
				title and course content as being psychological in nature. Psychology master's
				degree course of study is adequate only if fifty percent (50%) or more of the
				required courses to earn the master's degree, excluding the practicum and
				masters thesis, are earned through on-campus classes of the degree granting
				university.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-6 - Professional Ethics

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. By rule,
				the Board promulgates the West Virginia Board of Examiners of Psychologists
				Code of Ethics (WVBEP Code of Ethics). All licensed psychologists, licensed
				school psychologists, supervised psychologists and supervised school
				psychologists shall meet the requirements of this code of ethics. In addition
				to the APA Code of Ethics, School-Psychologists are also bound by the National
				Association of School Psychologists Principles for Professional Ethics, and its
				provision shall have the same effect as if they were specifically promulgated
				rules of the Board.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-7 - Responsibilities Of Licensees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Licensees are responsible for familiarizing themselves with the provisions of
				W. Va. Code §30-21 and Title 17, Series 6 for practicing psychology in
				accordance with the law and this rule.
7.2. The licensee shall conspicuously display
				the license at his or her principal place of practice.
7.3. The licensee is responsible for keeping
				the Board informed of any changes in names, address, place of employment, types
				of psychological activities or any other pertinent changes.
7.4. As set forth in section 9 of this rule,
				the licensee is responsible for submitting information and reports in regard to
				persons for whom he or she is providing supervision.
7.5. Licensed Psychologists, Licensed School
				Psychologists (Level I), and Licensed School Psychologists Independent
				Practitioners (Level II) shall notify, prior to utilizing a psychometrician who
				administers or scores psychological tests, the Board's Executive Director that
				a psychometrician will be utilized and that the psychometrician has been
				properly trained and that the licensee shall provide the proper supervision of
				the psychometrician.
7.6. When
				Licensed Psychologists, Licensed School Psychologists (Level I), or Licensed
				School Psychologists Independent Practitioner (Level II) use psychometricians
				to administer tests, the licensee shall identify the psychometrician in all
				reports generated on the basis of the test administration.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-8 - Standards for the Supervision of Persons Working Under the Direct and Regular Supervision of Licensees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All
				individuals who provide psychological services and who are not either currently
				licensed or specifically exempted under W. Va. Code §
									30-21-2
				shall perform their work under the general supervision of a licensee. These
				persons shall provide psychological services under the critical observation of
				a licensee who is competent to evaluate those services.
8.2. Individuals requiring supervision by a
				licensee fall into one (1) of these three (3) categories;
8.2.a. Applicants for licensure who are
				obtaining the required supervised experience. Aperson in this category shall
				refer to himself or herself and sign all work as:
				Supervised-Psychologist.
8.2.b.
				Psychometricians are individuals who administer and score psychological tests,
				andshall refer to himself or herself and sign all work as Psychometrician. A
				licensee shall supervise a person in this category at all times. Those
				individuals ineligible for licensure who have had their license revoked or
				rescinded, or otherwise discontinued by the Board due to ethical violations, or
				who have been discontinued from the licensure track by the Board and who have
				at any time been determined by the Board (as evidenced by a finding of probable
				cause or a letter to cease and desist) to have acted outside the scope of
				ethical standards, may not act as a psychometrician.
8.2.c. Students engaging in psychological
				activities as part of a course of study in an institution of higher learning; a
				person in this category, unless the Board has specifically issued a gold card
				allowing them to sign as a supervised-psychologist, shall refer to himself or
				herself and sign all work as: Student.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-9 - Standards for Supervision of Applicants for Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A licensee shall not enter into the
				direct and regular supervision of supervised-psychologists unless he or she is
				satisfied that the supervised-psychologistsare meeting the standards for
				supervision set forth in this rule. Licensees shall cease supervision when
				supervised-psychologists, or firms or agencies employing
				supervised-psychologists, fail to comply with standards set forth in this rule.
				Licensees shall notify the Board, in writing, within ten (10) days, whenever he
				or she discontinues supervision of a supervised-psychologist.
9.2. Supervised-psychologists shall meet the
				following standards of supervision. They shall be supervised directly by a
				licensee. Supervisors shall provide a minimum of 1 hour of individual
				supervision per 20 hours of the Supervisee's clinical practice, with a minimum
				of 1 hour per week regardless of hours spent in practice. Individual
				supervision sessions must occur no less frequently than every 2 weeks.
				Individual supervision is defined as a face-to-face and private interaction
				between the supervising licensee and the supervised-psychologist. The
				supervisor shall be available to the supervised-psychologist for telephone
				consultation at all times during regular business or professional practice
				hours. All psychological reports or other professional opinions rendered by
				supervised-psychologists shall be countersigned by the supervisor.
9.3. Supervised-psychologists may not
				supervise a psychometrician.
9.4.
				The supervisor shall keep a log listing the time and places of the individual
				supervision sessions and consultations for each supervised-psychologist, as
				well as a brief notation of the subject matter, without identification of
				characteristics of the client or clients who may have been discussed during
				supervision.
9.4.a. The supervisor shall
				submit copies of supervision quarterly reporting forms, while maintaining the
				originals, to the Board on a quarterly basis as follows:
9.4.a.1. For the quarter beginning January 01
				and ending March 31, the report shall be mailed by April 30;
9.4.a.2. For the quarter beginning April 01
				and ending June 30, the report shall be mailed by July 31;
9.4.a.3. For the quarter beginning July 01
				and ending September 30, the report shall be mailed by October 31;
9.4.a.4. For the quarter beginning October 01
				and ending December 31, the report shall be mailed by January 31.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-10 - Standards for Supervision of Students

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Students shall work directly under
				supervision of the course instructor. Instructors who function only within
				their regularly assigned college or university functions are not required to be
				licensed. Those instructors who provide psychological services shall be
				licensed. In all cases, instructors and students shall follow ethical
				principals and procedures in dealing with persons and with materials that
				become part of course work.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-11 - Reporting Psychometricians

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1
				All licensees who supervise psychometricians shall list their current
				psychometricians on their renewal forms and update the Board office when there
				is a change.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-12 - Special Procedures And Definitions ForBoard Consideration Of Applications Made For Licensure On The Basis Of ABPP Certification And Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. American
				Board of Professional Psychology.
12.1.a. When
				a person applies for licensureunder this provision, the West Virginia Board of
				Examiners shall communicate with the American Board of Professional Psychology
				of the American Psychological Association to verify that the candidate has
				indeed been awarded a diploma by that body.
12.1.b. A completed and notarized application
				form shall be required from the applicant to initiate consideration for
				licensure. Such applicants shall pay all appropriate fees and complete other
				forms as required.
12.1.c.
				Applicants certified by the American Board of Professional Psychology shall
				meet with the Board to discuss their practice intentions.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-13 - Procedures For Processing Of Applications Requiring Written and Oral Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A
				completed application file consists of the completed and notarized application
				form, official transcripts of all graduate work completed, endorser forms from
				two (2) psychologists familiar with the applicant's work experience, at least
				one (1) of whom must be a member of the West Virginia Psychological
				Association, the American Psychological Association and/or the American
				Psychological Society. If the application is for school psychology licensure,
				one endorser must be a member of the W. Va. School Psychology Association
				and/or the National Association of School Psychologists.
13.2. Once the application file is complete
				and the appropriate fees are received, the Board shall examine the transcript
				of every applicant to determine the adequacy of the applicant's graduate
				education as defined in Section 2 of the Legislative Rules, Series 3 of the
				Board.
13.3. The Board Secretary or
				the Executive Director shall evaluate the acceptability of the professional
				experience presented by the applicant for consideration in keeping with Title
				17, Series 3 of the Board's Legislative Rules. The Board Secretary shall also
				review the application materials and decide if the applicant qualifies to enter
				the licensure process as a psychologist. Qualified applicants are granted
				status as Supervised-Psychologists. The School Psychology Coordinator or the
				Board Secretary shall evaluate the application materials for those applying for
				a school psychology license. Qualifying applicants are granted status as
				Supervised School Psychologists.
13.4. Further procedures for processing
				applications under the standard provision are described in Section 14 of these
				rules, which follows.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-15 - Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The Executive
				Director or Administrative Assistant shall timely notify each examinee by mail
				of his or her success, failure, or continuance on the written or oral
				examination.
15.2. In the case of
				denial of a license, the letter shall include a statement of reasons the Board
				used in making its decision and a description of the appeal possibilities open
				to the applicant.
15.3.
				Furthermore, verbal communications with individual Board members are not
				official and binding. Official Board statements or notices are provided in
				writing and represent the Board as a body.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-16 - Licensure of School Psychologists

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Definitions:
16.1.a. A "Licensed School Psychologist"
				(Level I) as defined in W. Va. Code §
										30-21-2
				means a school psychologist who provides school psychology services on school
				board property and is a school board employee or contractee.
16.1.b. A "Licensed School Psychologist
				Independent Practitioner" (Level II) as defined in W. Va. Code §
										30-21-2
				means a school psychologist who provides school psychology services to an
				individual or the public on school board or non-school board property, and
				provides such services for a fee or other compensation, or as a school board
				employee or contractee.
16.1.c. A
				"Supervised-School-Psychologist" is a person who has earned a masters, Ed.S. or
				Certificate of Advance Study in an approved program from a regionally
				accredited institution of higher education and is applying for Level I or Level
				II licensure. Core coursework shall be relevant to the practice of school
				psychology as defined under WV Code §
										30-21-2.
16.1.d. "School board property" includes
				buildings or office space that is owned, rented, or leased by the county school
				board or the West Virginia Board of Education. It also includes donated office
				space or buildings and private or parochial school facilities. This rule does
				not prohibit a Level I School Psychologist from providing school psychology
				services in the student's home (i.e., home bound services) when the services
				are part of the school psychologist's contract with the school board.
16.1.e. School Psychology Representative
				Membership on the Board: W. Va. Code § 30-21-5a indicates "at least one
				member of the board shall be a licensed school psychologist." This can be a
				Level I or Level II school psychologist or a licensed psychologist who also
				possesses a school psychology license, provided that the licensed
				psychologist's practice is oriented primarily toward the practice of school
				psychology.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-17 - Supervision Requirements for School Psychologist Applicants

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Level I
				School Psychology applicants shall be supervised by Level I, Level II, or when
				necessary licensed psychologists. The Board shall approve licensed
				psychologists to be supervisors only upon satisfactory documentation of school
				psychology experience.
17.2. Level
				II School Psychology applicants shall be supervised by Level II School
				Psychologists, or when necessary, licensed psychologists. The Board shall
				approve licensed psychologists to be supervisors only upon satisfactory
				documentation of school psychology or related practice expertise.
17.3. The supervision of
				supervised-school-psychologists shall consist of a minimum of 1 hour of
				individual supervision for every 20 hours of school psychology services
				provided by the supervised-school-psychologist. Individual supervision is
				defined as face-to-face and private interaction between the
				supervised-school-psychologist and the supervisor. When the supervisor is not
				located at the same work site, the supervisor and
				supervised-school-psychologist still shall meet together for individual
				supervision sessions. The supervisor shall be available to the
				supervised-school-psychologist for telephone consultation during the work day.
				If the supervised-school-psychologist is a contractor with the school board,
				all school psychological reports shall be co-signed by the supervisor. If the
				supervised-school-psychologist is a full-time employee of a local school board,
				his or her reports shall be logged in the supervisor's log and need not be
				co-signed. Regardless of the supervised-school-psychologist's employment
				status, the applicant shall represent themselves and sign all reports as
				"Supervised-School-Psychologist" and all work must be reviewed by the
				supervisor.
17.4. Specific
				Supervision Requirements for Level I Applicants as Described in W. Va. Code
				§
									30-21-7b:
				Supervision of a supervised-school-psychologist for Level I licensure shall
				include all aspects of the supervised-school-psychologist's professional
				practice. These aspects include, but are not limited to, evaluations,
				consultations, ethics, record keeping, mental health interventions,
				family/school collaboration and professional development. The
				supervised-school-psychologist shall maintain all forms and submit reporting
				forms to the Board.
17.4.a.
				Supervised-school-psychologists for the Level I School Psychology license who
				possess a master's, C.A.S., or Ed.S. degree are required to complete 3 school
				calendar years of supervision. If an internship was required for the degree,
				then one school calendar year of supervision shall be accepted as part of the
				required 3 school calendar years.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-18 - School Psychology Continuing Education Requirements for Licensed Psychologists

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Licensed psychologists, who obtained their school psychology licensure under
				the grandfather provisions of the original school psychology law, shall
				maintain their school psychology license as long as he or she meets the renewal
				requirements for his or her psychology license.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-19 - Temporary Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The
				Secretary or the Executive Director_of the Board is authorized to issue a
				temporary permit when the application is considered to meet the requirements of
				W. Va. Code §
									30-21-7(a)1,
				7(a)2, 7(a)3, 7(a)4, 7(a)6, and 7(a)7. Granting a temporary permit by the
				Secretary does not assure the future granting of a regular license.
19.2. For W. Va. Code §
									30-21-9(a)(1),
				a letter requesting a temporary permit must accompany the completed
				application.
19.3. For W. Va. Code
				§
									30-21-9(a)(2)
				the regular application form for licensure shall be required along with the
				specified endorsement procedures as required according to that person's
				credentials. The fee for a temporary permit must accompany the application
				form.
19.4. Except for unusual
				circumstances specifically approved by the Board, holders of temporary permits
				under provision W. Va. Code §
									30-21-9(a)(1)
				shall be required to qualify and appear before the Board at the next available
				meeting for an oral examination to present their demonstrable competencies and
				to declare their practice intentions. Even though an applicant holds a license
				in another state, a temporary permit is not automatically granted. These
				applicants must first prove their applications for full licensure meet the
				requirements of a standard or reciprocity provision. Thus, such applicants
				shall submit proof of the existing license(s), any letter they have received
				from their Boards pertaining to non-standard licensure provisions and/or
				disciplinary actions, appropriate university transcripts, and national
				examination scores. Failure to provide documentation of any previous, current,
				or pending disciplinary actions may result in the license being denied or
				rescinded.
19.5. Applicants for
				temporary permits must meet the requirements of §
									30-21-7.
19.6. Holders of temporary permits must have
				such permits available for inspection on request.
19.7. ABPP and reciprocity applicants,
				holders of a certificate from the National Register and/or holders of the
				Certificate of Professional Qualifications issued by the Association of State
				and Provincial Boards of Psychology shall also be required to obtain a
				temporary permit in order to practice in the state until a regular license can
				be issued.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-22 - Special Volunteer Psychologists License; civil immunity for voluntary services rendered to indigents

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1 In
				accordance with WV Code §
									30-21-17,
				there is a special volunteer psychologists license for psychologists retired or
				retiring from the active practice of psychology who wish to donate their
				expertise for the psychological care and treatment of indigent and needy
				patients in the clinic setting or clinics organized, in whole or in part, for
				the delivery of health care services without charge. There is no application
				fee, license fee or renewal fee, and the initial license shall be issued for
				the remainder of the licensing period, and renewed consistent with the boards
				other licensing requirements. The psychologist must have retired with a license
				in good standing in the state in which he/she was practicing. The special
				psychologist license requires an application and indicates that the
				psychologist understands and agrees to the following:
22.1.a The psychologist's practice under the
				special volunteer psychologists license will be exclusively devoted to
				providing psychological care to needy and indigent persons in West Virginia.
22.1.b. The psychologist will not
				receive any payment or compensation, either direct or indirect, or have the
				expectation of any payment or compensation, for any psychological services
				rendered under the special volunteer psychological license.
22.1.c. The psychologist will supply any
				supporting documentation that the board may reasonably require; and
22.1.d. The psychologist agrees to
				participate in continuing education as required by the board for a special
				volunteer license.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-03 - Requirements for Licensure as a Psychologist and/or a School Psychologist › Section 17-3-23 - Tele-Psychology

Current through Register Vol. XLI, No. 28, July 12, 2024
Telepsychology is defined as the provision of psychological
				  services using telecommunication technologies. Telecommunication technologies
				  include but are not limited to telephone, mobile devices, interactive
				  videoconferencing, email, chat, text and internet. Technologies may augment
				  traditional in-person services or be used as stand-alone services.
				  Psychologists assume responsibility to continually assess both their
				  professional and technical competence when providing telepsychology services.
				  Psychologists both understand and inform their clients of the limits to
				  confidentiality and risks to the possible access or disclosure of confidential
				  data and information that may occur during service delivery. Psychologists
				  shall be mindful of potential threats to the security of client information.
				  Psychologists shall take reasonable steps to ensure that security measures are
				  in place for protecting and controlling access to client data. Psychologists
				  shall meet additional Tele-Psychology requirements as promulgated by the Board
				  via Board motions and/or policy statements. Psychologists can also use the
				  Tele-Psychology guidelines of the Association of State and Provincial
				  Psychology Boards (ASPPB) and the American Psychological Association (APA).
				  Psychologists shall use these for guidance, but the board rules, requirements,
				  and policy statements shall prevail.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-04 - Disciplinary and Complaint Procedures for Psychologists › Section 17-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies a procedure for the investigation and resolution of complaints
				against psychologists.
1.2.
				Authority. -- W. Va. Code §§
									30-21-6 and
				30-1-4.
1.3. Filing Date. -- May 21, 2024.
1.4. Effective Date. -- May 21,
				2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-04 - Disciplinary and Complaint Procedures for Psychologists › Section 17-4-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all licensed psychologists, school
				  psychologists and school psychologist independent practitioners, and to all
				  supervised psychologists, supervised school psychologists and supervised school
				  psychologist independent practitioners.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-04 - Disciplinary and Complaint Procedures for Psychologists › Section 17-4-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the
				  following meanings, unless the context otherwise requires:
3.1. "Applicant" means any person making
				application for an original or renewal license or a temporary permit pursuant
				to W. Va. Code §30-21-
et seq.
3.2. "Board" means the West Virginia Board of
				Examiners of Psychologists.
3.3.
				"Ethics coordinator" means a lay member of the Board appointed to coordinate
				the processing of complaints through an ethics investigator.
3.4. "Ethics investigator" means a person
				licensed to practice psychology in this state, and who is hired by the Board
				for the purpose of reviewing complaints against psychologists and supervised
				psychologists.
3.5. "License" means
				a license or temporary permit issued by the Board pursuant to W. Va. Code
				§
									30-21-1
et
				seq.
3.6. "Licensee" means
				an individual who holds a license to practice psychology issued by the
				Board.
3.7. "Psychologist" means
				licensed psychologist, school psychologist, school psychologist independent
				practitioner and applicant.
3.8.
				"Supervised psychologist" means supervised psychologist, supervised school
				psychologist, and supervised school psychologist independent
				practitioner.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-04 - Disciplinary and Complaint Procedures for Psychologists › Section 17-4-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Psychologists

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The Board may deny an application for license, place a supervised psychologist
				on probation, require additional years of supervision for supervised
				psychologists, limit, restrict, suspend or revoke the approval of any
				supervised psychologist to progress through the licensure application process,
				place a licensee on probation, limit or restrict a license, suspend a license
				or revoke any license issued by the Board, upon satisfactory proof that the
				psychologist or supervised psychologist has been convicted of a felony or is,
				in his or her professional capacity, engaged in conduct, practices or acts
				constituting professional negligence or a willful departure from accepted
				standards of professional conduct in violation of W. Va. Code §
									30-21-1
et seq.
or the rules of the Board.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-04 - Disciplinary and Complaint Procedures for Psychologists › Section 17-4-5 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				person, firm, corporation, member of the Board, or public officer may make a
				complaint to the Board which charges a psychologist or supervised psychologist
				with a violation of W. Va. Code §
									30-21-1
et seq.
or of the rules of the Board. The Board may provide a form for that purpose,
				but a complaint may be filed in any written form. In addition to describing the
				alleged violation which prompted the complaint, the complaint should contain
				the following:
5.1.1. The name and address of
				the psychologist or supervised psychologist against whom the complaint is
				lodged;
5.1.2. The date(s) of the
				incident(s);
5.1.3. The name of any
				psychologist or supervised psychologist who may have treated the patient after
				the alleged incident; and,
5.1.4.
				The name of any health and/or mental health care institution in which the
				patient was an inpatient or outpatient after or during the alleged
				incident(s).
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-04 - Disciplinary and Complaint Procedures for Psychologists › Section 17-4-6 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any Person
				adversely affected by an order of the Board may appeal the order to the
				Intermediate Court of Appeals in accordance with W. Va. Code §§
									29A-5-4 and
				51-11-1
et
				seq
.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-05 - Contested Case Hearing Procedure › Section 17-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies the procedure for the adjudication of contested case hearings
				before the Board.
1.2. Authority.
				-- W. Va. Code §§30-21- 6 and 30-1-4.
1.3. Filing Date. -- May 21, 2024.
1.4. Effective Date. -- May 21,
				2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-05 - Contested Case Hearing Procedure › Section 17-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule shall
				  have the following meanings, unless the context otherwise requires:
2.1. "Applicant" means any person making
				application for an original or renewal license or a temporary permit pursuant
				to W. Va. Code §
									30-21-1
et
				seq.
2.2. "Board" means
				the West Virginia Board of Examiners of Psychologists.
2.3. "Demanding party" means an applicant who
				has been denied a license to practice psychology by the Board and who, as a
				result, demands that a hearing be held before the Board on the issue of such
				denial.
2.4. "Charged party" means
				a psychologist or supervised psychologist who has been charged by the Board
				with a violation of W. Va. Code §
									30-21-1
et seq.
and the rules of the Board.
2.5.
				"License" means a license or temporary permit issued by the Board pursuant to
				W. Va. Code §
									30-21-1
et
				seq
.
2.6. "Licensee" means
				an individual who holds a license to practice psychology issued by the
				Board.
2.7. "Practice of
				psychology" means the practice of psychology and the practice of school
				psychology as defined in W. Va. Code §
									30-21-2.
2.8. "Psychologist" means licensed
				psychologist, school psychologist, school psychologist independent practitioner
				and applicant.
2.9. "Supervised
				psychologist" means supervised psychologist, supervised school psychologist,
				and supervised school psychologist independent practitioner.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-05 - Contested Case Hearing Procedure › Section 17-5-4 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be reported by
				stenographic notes and characters or by mechanical means.
4.2. All reported materials shall be
				transcribed. The Board shall have the responsibility to make arrangements for
				the transcription of the reported testimony and evidence.
4.3. Upon the motion of the Board or any
				party assigning error or omission in any part of any transcript, the Board or
				its appointed hearing examiner, shall settle all differences arising as to
				whether such transcript truly discloses what occurred at the hearing and shall
				direct that the transcript be corrected and/or revised as appropriate so as to
				make it conform to the truth.
4.4.
				A transcript of the hearing shall be provided to all members of the Board for
				review at least ten (10) days before the vote is taken on its decision in any
				licensure or disciplinary matter.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-05 - Contested Case Hearing Procedure › Section 17-5-5 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any party may
				submit proposed findings of fact and conclusions of law at a time and manner
				designated by the Board or its duly appointed hearing examiner.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-05 - Contested Case Hearing Procedure › Section 17-5-6 - Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Board may appoint a hearing examiner who shall be empowered to subpoena
				witnesses and documents, administer oaths and affirmations, examine witnesses
				under oath, rule on evidentiary matters, hold conferences for the settlement or
				simplification of issues by consent of the parties, cause to be prepared a
				record of the hearing so that the Board is able to discharge its functions and
				otherwise conduct hearings as provided in subsection 3.11. of this
				rule.
6.2. Hearing examiners
				appointed by the Board are not authorized or empowered to grant, suspend,
				revoke or otherwise discipline any psychologist or supervised
				psychologist.
6.3. The hearing
				examiner shall prepare recommended findings of fact and conclusions of law for
				submission to the Board. The Board may adopt, modify or reject such findings of
				fact and conclusions of law.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-05 - Contested Case Hearing Procedure › Section 17-5-7 - Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At any time prior to the hearing or
				thereafter, the Board, its designee or its duly appointed hearing examiner may
				hold conferences for the following purposes:
7.1.1. To dispose of procedural requests,
				prehearing motions or similar matters;
7.1.2. To simplify or settle issues by
				consent of the parties; or,
7.1.3.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-05 - Contested Case Hearing Procedure › Section 17-5-8 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Evidentiary
				depositions may be taken and read or otherwise included into evidence as in
				civil actions in the circuit courts of this state.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-05 - Contested Case Hearing Procedure › Section 17-5-9 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Subpoenas to
				compel the attendance of witnesses and subpoenas duces tecum to compel the
				production of documents may be issued by the Board, its President, and by the
				hearing examiner appointed by the Board. Such subpoenas shall be issued
				pursuant to W. Va. Code §
									29A-5-1(b).
9.2. Written requests by a party for the
				issuance of subpoenas or subpoenas duces tecum as provided in section 9.1. of
				this section must be received by the Board no later than ten (10) days before a
				scheduled hearing. Any party requesting the issuance of subpoenas duces tecum
				shall see that they are properly served in accordance with W. Va. Code §
									29A-5-1(b).
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-05 - Contested Case Hearing Procedure › Section 17-5-10 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any final
				order entered by the Board following a hearing conducted pursuant to these
				rules shall be made pursuant to the provisions of W. Va. Code §§
									29A-5-3 and
				30-21-11. Such orders shall be
				entered within forty-five (45) days following the submission of all documents
				and materials necessary for the proper disposition of the case, including
				transcripts, and shall contain findings of fact and conclusions of
				law.
10.2. The findings of fact and
				conclusions of law must be approved by a majority of the Board either by a poll
				or vote at a regular meeting before a final order is entered. A copy of the
				final order approved by a majority of the Board shall be served upon the
				demanding or charged party or his or her attorney of record, if any, within
				five (5) days after entry by the Board by personal service or by registered or
				certified mail.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-05 - Contested Case Hearing Procedure › Section 17-5-11 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In connection
				with its review and investigation of a complaint against a psychologist or
				supervised psychologist, the Board is authorized to enter into consent decrees,
				to reprimand, to enter into probation orders and to levy fines not to exceed
				one thousand dollars per day per violation, or any of these, singly or in
				combination.
11.2. The Board is
				further authorized to place a supervised psychologist on probation, to require
				additional years of supervision for supervised psychologists, to limit,
				restrict, suspend or revoke the approval of any supervised psychologist to
				progress through the licensure application process, to place a licensee on
				probation or to limit, restrict, suspend or revoke any license issued by the
				Board.
11.3. Probation, limitations
				and restrictions on psychologists and supervised psychologists may involve the
				imposition of any lawful conditions and requirements for a period of time,
				which the Board in its discretion deems just and proper, including, but not
				necessarily limited to, counseling or psychotherapy, special supervision,
				limitations on the types of patients which can be treated and additional
				training or education.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-05 - Contested Case Hearing Procedure › Section 17-5-12 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any person
				adversely affected by an order of the Board may appeal the order to the
				Intermediate Court of Appeals in accordance with W.Va. Code §§
									29A-5-4 and
				51-11-1
et
				seq
.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-06 - Code of Conduct › Section 17-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules define the code of conduct for psychologists and school
				psychologists
1.2. Authority. -- W.
				Va. Code §
									30-21-6.
1.3. Filing Date. -- May 9, 2023.
1.4. Effective Date. -- May 9,
				2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-06 - Code of Conduct › Section 17-6-2 - Purpose, Scope, Responsibility, Violations, and Aids to Interpretation

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The purpose of
				the rules within this Code of Conduct constitutes the standards against which
				the required professional conduct of a psychologist or school psychologist is
				measured.
2.2. The scope of the
				psychologist shall be governed by this Code of Conduct whenever providing
				psychological services in any context. This Code shall not supersede state or
				federal statutes. This Code shall apply to the conduct of all licensees and
				applicants, including the applicant's conduct during the period of education,
				training, supervision, and employment which is required for licensure. The
				terms "Psychologist" and "School Psychologist," as used within this Code, shall
				be interpreted accordingly.
2.3.
				The psychologist shall be responsible for his/her own professional decisions
				and professional actions.
2.4. A
				violation of this Code of Conduct constitutes unprofessional conduct and is
				sufficient reason for disciplinary action or denial of either original
				licensure or reinstatement of licensure.
2.5. Ethics codes and standards for providers
				promulgated by the Association of State and Provincial Psychology Boards
				(ASPPB), the American Psychological Association, and other relevant
				professional groups shall be used as an aid in resolving ambiguities which may
				arise in the interpretation of this Code of Conduct, except that this Code of
				Conduct shall prevail whenever any conflict exists between this Code and any
				professional association standard.