reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-06 - Contested Case Hearing Procedure › Section 27-6-3 - 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:
3.1. "Applicant" means any person making
				application for an original or renewal license to practice
				counseling.
3.2. "Board" means the
				West Virginia Board of Examiners in Counseling.
3.3. "Demanding party" means an individual
				who has been denied a license to practice counseling by the Board and who, as a
				result, demands that a hearing be held before the Board on the issue of the
				denial.
3.4. "Charged party" means
				an individual who holds a license to practice counseling issued by the Board
				and who has been charged by the Board as described in subsection 5.4. of this
				rule.
3.5. "License" means a
				license issued by the Board to practice counseling.
3.6. "Licensee" means an individual who holds
				a license to practice counseling issued by the Board.
3.7. "Practice of counseling" means the
				practice of counseling as defined in W. Va. Code '30-31-2 and
				includes counselors who hold themselves out to the public to engage in
				counseling or supervising those who render services for compensation or other
				personal gain involving the application of mental health counseling procedures
				to help in learning how to solve problems or make decision related to careers,
				personal growth, marriage, family or other interpersonal or intrapersonal
				concerns.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-06 - Contested Case Hearing Procedure › Section 27-6-4 - Pre-conferences; Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. At any time prior to the hearing or
				thereafter, the Board, or its designee may hold conferences for the following
				purposes:
4.1.a. To dispose of procedural
				requests, pre-hearing motions or similar matters;
4.1.b. To simplify or settle issues by
				consent of the parties; or,
4.1.c.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-06 - Contested Case Hearing Procedure › Section 27-6-5 - Hearing Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				applicant denied a license or any licensee or permit holder who has had their
				license suspended by the Board who believes the denial was in violation of W.
				Va. Code ''30-1-1 et seq. and/or 30-31-1 et seq. is entitled to a hearing on
				the action denying or suspending such license.
5.2. Any person who desires a hearing for the
				reason described in subsection 5.1 of this section must present a written
				demand for a hearing to the Board.
5.3. A hearing will be scheduled within sixty
				(60) days of receipt of the written demand. The hearing may be postponed to a
				later date by mutual agreement.
5.4. Charges may be instituted against any
				licensee by the Board when probable cause exists for believing that the
				licensee may have engaged in conduct, practices or acts in such condition that
				his or her license should be suspended, revoked or otherwise disciplined for
				one or more of the grounds set forth in W. Va. Code '30-31-9
				et seq. or Legislative rule, Title 27, all series. Charges may be based upon
				information received by way of a verified written complaint filed with the
				Board and further information gathered by the Board in the process of
				investigating a complaint. Charges may also be based upon information received
				solely through investigative activities undertaken by the Board.
5.5. A complaint and notice of hearing
				containing the written charges filed against a licensee must be sent to the
				licensee at least 30 days prior to the date of the hearing.
5.5.a. The Board is designated as the
				"Complainant" in the complaint and notice of hearing.
5.5.b. The licensee is designated as the
				"Respondent" in the complaint and notice of hearing.
5.5.c. The complaint and notice of hearing
				must clearly state the substance of each offense, act of failure to act in
				sufficient detail to advise the Respondent of the charges or complaint against
				him or her. This may include, but is not limited to, the time and place the act
				or failure to act occurred and the law or rule that was violated.
5.5.d. The complaint and notice of hearing
				must give the date, time and place for the hearing.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-06 - Contested Case Hearing Procedure › Section 27-6-6 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence will be reported by
				stenographic notes and characters or by mechanical means.
6.2. All reported materials will be
				transcribed. The Board has the responsibility to make arrangements for the
				transcription of the reported testimony and evidence.
6.3. Upon the motion of the Board or any
				party assigning error or omission in any part of any transcript, the Board
				chair or presiding member will settle all differences arising as to whether the
				transcript truly discloses what occurred at the hearing and will require the
				transcript be corrected and/or revised as appropriate so as to make it conform
				to the truth.
6.4. A transcript of
				the hearing will 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
				permit disciplinary matter.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-06 - Contested Case Hearing Procedure › Section 27-6-7 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any party may
				submit proposed findings of fact and conclusions of law at a time and manner
				designated by the Board.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-06 - Contested Case Hearing Procedure › Section 27-6-8 - 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 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-06 - Contested Case Hearing Procedure › Section 27-6-9 - 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 any member of the Board, its Executive
				Secretary, and its Assistant Executive Secretary. 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 subsection 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
				must have them properly served in accordance with W. Va. Code '29A-5-1(b).
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-06 - Contested Case Hearing Procedure › Section 27-6-10 - 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 this rule
				must be made pursuant to the provisions of W. Va. Code ''29A-5-3 and 30-1-8(d).
				All final orders must 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 must be
				served upon the demanding or charged party and/or his or her attorney of
				record, if any, within ten (10) days after entry by the Board by personal
				service or by registered or certified mail.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-06 - Contested Case Hearing Procedure › Section 27-6-11 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
An appeal from any final order entered in accordance with
				  these rules must comply with the provisions of W. Va. Code ''30-1-9 and 29A-6-1
				  et seq.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule sets forth the means by which the purpose of all regular and
				special meetings are made available in advance to the public and the news
				media, except in the event of an emergency requiring immediate official action
				and also sets forth certain bylaws of the board.
1.2. Authority. -- W. Va. Code
§§
6-9A and 30-31-1.
1.3. Filing Date. -- March 21,
				2005.
1.4. Effective Date. -- May
				1, 2005.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
This procedural rule applies to the board and any and all
				  individuals desiring to attend or to address the West Virginia State Board of
				  Examiners in Counseling.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Board - The
				West Virginia State Board of Examiners in Counseling.
3.2. Meeting - The convening of a governing
				body of a public body for which a quorum is required.
3.3. Quorum - A simple majority of the
				constituted members of the board.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-4 - Regular Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				board meets in quarterly during the months of January, April, July, and
				October. The length of each meeting is determined by the amount of business to
				be addressed by the board. A majority of the board members shall agree upon
				specific meeting dates. Meeting dates are determined for one (1) year in
				advance beginning January 1, and ending December 31.
4.2. The Executive Director shall provide
				notice of the date, time, location and purpose of each regular meeting to the
				Secretary of State, Capitol News Service, appropriate professional associations
				and state agencies, as well as persons and organizations who request
				information, at least fifteen (15) business days in advance of a regularly
				scheduled meeting.
4.3. Board
				members may submit agenda items at any time.
4.4. Non-board members may submit items for
				board consideration. The items should be submitted not less than thirty (30)
				days prior to the date of a regularly scheduled meeting. The chairperson makes
				the final determination on whether an item submitted less than thirty (30) days
				in advance shall be considered.
4.5. Individuals who desire to address the
				board during a regularly scheduled meeting may do so by making their wish known
				to the chairperson at any time prior to the call to order.
4.6. The chairperson may cancel a meeting if
				a quorum cannot be convened or if there are no items of business to be
				conducted by the board.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-5 - Special Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				chairperson, the Executive Director or any two (2) members of the board may
				call a special meeting.
5.2. The
				Executive Director may send a written notice setting forth the time, place and
				matters to be considered to each member of the board at least ten (10) business
				days in advance of a special meeting.
5.3. The Executive Director shall file a
				written notice containing the time, place, and matters to be considered at
				least five (5) business days in advance of any special meeting, to the
				Secretary of State, Capitol News Service, professional associations, as well as
				persons and organizations who request the information.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-6 - Emergency Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				chairperson may call a meeting in the event of an emergency requiring immediate
				official action by the board.
6.2.
				The executive director may notify members by telephone or other expedient
				method.
6.3. The executive director
				shall file a written notice containing time, place, purpose of the meeting and
				facts and circumstances of the emergency prior to the meeting, with the
				Secretary of State and Capitol News Service.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-7 - Executive Sessions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				board may hold executive sessions, as provided in W. Va. Code
§
6-9A-4, for the purpose of discussing employment promotion,
				resignation, discipline, discharge, or compensation of any public officer or
				employee unless the public officer or employee requests an open meeting; or to
				discuss issues affecting denial, suspension or revocation of a license unless
				the licensee requests a meeting; or to discuss material the disclosure of which
				would constitute an unwarranted invasion of an individual's privacy; or to
				discuss an official investigation relating to law enforcement; or to discuss
				matters relating to development, administration or security of a licensure
				examination; or to discuss logistical of procedural methods to schedule and
				regulate a meeting.
7.2. The
				chairperson shall convene an executive session by identifying and announcing to
				the members of the board and public in attendance the authorization under
§
6-9A-4 for holding the executive session. A majority
				affirmative vote of the members present is required to hold the executive
				session. All decisions resulting from discussions during the executive session
				shall be made during an open meeting.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-8 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The board
				shall prepare written minutes for all meetings. Minutes are available to the
				public within a reasonable time after the meeting and include:
8.1.a. The date, time and place of the
				meeting
8.1.b. The name of each
				board member present or absent
8.1.c. The name of each staff member and
				guest present,
8.1.d. All motions,
				proposals, resolutions, orders, ordinances and measures proposed, the name of
				the person proposing the same, and their disposition, and,
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-9 - Quorum

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A quorum for
				conducting business at a regular or special meeting of the board shall be a
				simple majority of the constituted members.
9.2. Each member has one vote on all matters
				of business.
9.3. The vote of a
				majority of all members present at any meeting of the board shall be necessary
				to take any action.
9.4. The board
				may hold regular or special meetings with one or more members participating by
				telephone conference call, video conference or other interactive means of
				conducting conference communications. Minutes shall reflect the names of
				participating members and a report of a roll call on each vote.
9.5. Proxy voting is prohibited.
9.6. The board may authorize a mail or email
				vote providing the issue to be voted on has been presented in a regular meeting
				of the board. Matters for vote by mail are limited to acceptance of editorial
				revisions or those matters where more detail is requested prior to final
				approval. All issues voted on by mail or email shall be discussed and the vote
				ratified at the next regular meeting of the board following the vote.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-10 - Records of the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
All records and proceedings of the board are public records
				  shall be available to the public during the usual and customary business hours
				  of the board, except as provided by W. Va. Code
§
29B-1-4.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-11 - Election of Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				board shall elect officers during the annual meeting in each calendar
				year.
11.2. The elected officers
				shall be chairperson and secretary. The Executive Director shall act as
				treasurer while employed by the board and is not subject to election
				procedures.
11.3. The Executive
				Director shall be an ex-officio member of the board and has no voting
				privileges.
11.4. Officers serve
				for one (1) year.
11.5. Officers
				may be re-elected to serve one (1) additional term, but in no instance shall an
				officer serve more than two (2) successive terms.
11.6. Newly elected officers assume the
				duties of office within fifteen (15) calendar days following the date of the
				regular meeting during which they are elected.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-12 - Duties of Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Chairperson. Presides at all meetings of the board, appoints all committees of
				the board, serves as or designates the chairperson for all committees and
				performs other duties incidental to the office.
12.2. Secretary. Records minutes of the board
				meetings, authorizes distribution of minutes following meetings, and performs
				other duties as requested by the chairperson. Shall preside if chairperson is
				gone and appoint someone else to take minutes.
12.3. Treasurer. The Executive Director as
				the appointed employee of the board, keeps an accounting of all monies received
				and spent on behalf of the board and provides a report of receipts and
				expenditures at each regular meeting of the board.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-13 - Vacancies in Elected Offices

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Chairperson. In the event that the
				chairperson is unable to complete his or her term of office, there shall be a
				new election.
13.2. Secretary. In
				the event that the secretary is unable to complete his or her term in office, a
				new secretary shall be elected to serve the unexpired term.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-14 - Resignation of Members

Current through Register Vol. XLI, No. 28, July 12, 2024
A member who wishes to resign should send a letter of
				  resignation to the Governor with a copy to the chairperson of the
				  board.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-15 - Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
Investigative Committee. Committee established to review and
				  investigate complaints filed with the board against licensees.
The committee will consist of four (4), but not limited to
				  four (4), licensed professional counselors.
The duty of this committee will be to make a preliminary
				  evaluation of a complaint and to ascertain and report to the Board factual
				  information related to the complaint.
The recommendations of the Investigative Committee are
				  advisory only. The Investigative Committee will hold all information concerning
				  all complains submitted for their review and recommendations to be
				  confidential.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-16 - Ad Hoc Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
The chairperson of the board shall appoint ad hoc committees
				  as needed to accomplish the objectives established by the board. Appointment to
				  committees is not limited to members and may include any individual who will
				  best serve a particular committee.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-17 - Contested Case Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				Contested case hearing shall be held before a quorum of the board or before an
				independent hearing examiner.
17.2.
				All contested case hearings are open to the public.
17.3. Contested case hearings shall be held
				as provided in W. Va. Code §
§
29A-5-1. et. seq. and
				30-31-1.
17.4. The board shall
				consider evidence gathered in a contested case hearing and shall determine
				denial, suspension, revocation or other disciplinary action in executive
				session.
17.5. All final decisions
				by the board to deny, suspend, revoke or otherwise discipline a license are
				public.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-18 - Roberts' Rules of Order

Current through Register Vol. XLI, No. 28, July 12, 2024
Roberts' Rules of Order Newly Revised Shall Govern the
				  Meetings of the Board in Applicable Situations Not Addressed in These
				  Rules.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-07 - Open Meetings And Bylaws › Section 27-7-19 - Amendments

Current through Register Vol. XLI, No. 28, July 12, 2024
Amendments to this Open Meetings and Bylaws Rule Shall be
				  Made in Accordance with Established Procedures for Promulgating Procedural
				  Rules, Pursuant to Secretary of State's rule 153 CSR 6.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes standards for marriage and family therapist to follow in
				applying, qualifying, and maintaining licensure as a marriage and family
				therapist.
1.2. Authority. -- W.
				Va. Code §§
									30-31-5 and
				30-31-6.
1.3. Filing Date. - April 19, 2024.
1.4 Effective Date. - April 19,
				2024.
1.5. Sunset Provision - This
				rule will terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The following
				definitions apply to all rules promulgated by the Board of Examiners in
				Counseling unless the word or term is explicitly defined or used in a different
				manner.
2.2. "Application" means an
				application, providing all required information via a modality approved by the
				Board, including all supporting documentation and the fee, that is filed with
				the Board as instructed.
2.3.
				"Marriage and family therapy" means the diagnosis and treatment of mental and
				emotional disorders whether cognitive, affective, or behavioral, specifically
				within the context of marriage and family systems, that involve the
				professional application of theories and techniques to individuals,
				couples
,
and families, singly or in groups.
2.4. "Marriage and family therapy work
				experience" means the applicant's primary professional responsibility that was
				in direct provision of marriage and family therapy services or indirect
				services, including direct or indirect marriage and family therapist
				supervision, approved by the Board.
2.5. "Direct supervision" means face to face
				or secured interactive contact such as telephone, video, email, or other
				contact that clearly addresses the required specialty areas as cited in
				subdivision 6.1.a. of this rule.
2.6. "Indirect supervision" means review of
				written reports, case notes, test data and/or any review of representation of
				supervised marriage and family therapist's work.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-3 - Requirements for Application

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				applicant shall submit, in a format designated by the Board, a licensure
				application containing the following information, before the Board may consider
				the applicant for licensure:
3.1.a. An
				application completed within six (6) months prior to submission via a modality
				approved by the Board;
3.1.b. A
				notarized affidavit that authorizes the Board to validate information provided
				in the application;
3.1.c. A
				non-refundable application fee by credit card, check or money order payable to
				WV Board of Examiners in Counseling (WVBEC);
3.1.d. Official graduate transcripts sent
				directly from a college or university;
3.1.e. Two completed professional
				recommendation forms from Master or Doctoral level individuals licensed as
				marriage and family therapists, professional counselors, psychologists, social
				workers, or psychiatrists on a form provided by the Board. The forms need to be
				dated within six months prior to the submission of the application. Persons
				with a temporary license may not complete the recommendation form;
3.1.f. Three personal reference letters to
				satisfy the Board that the applicant is of good moral character and merits
				public trust. The letter's author may not be the same person completing a
				recommendation form. The letters must be dated within six (6) months prior to
				submission of the application. The Board does not provide a form for this
				purpose;
3.1.g. A supervisor's
				registration contract submitted on a form provided by the Board. The proposed
				professional supervisor shall meet the requirements of subdivision 6.2.f. of
				this rule; and,
3.1.h. Verification
				of supervision forms. These forms shall document the supervised therapy
				experience, including quarterly reports, supervisor's mid-point and final
				verification and assessment form. These forms are provided by the
				Board.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-4 - Requirements for examination and examination failure

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The examination required for licensure
				as a marriage and family therapist is the "Examination in Marital and Family
				Therapy" offered by the "Association of Marital and Family Therapy Regulatory
				Boards" (AMFTRB) or an exam approved by the Board.
4.2. An applicant may sit for an approved
				examination within a twelve month period, having three (3) attempts without
				requiring additional permission from the Board.
4.3. An applicant who fails the initial
				examination and fails two (2) subsequent exams is disqualified from retaking
				the examination and shall submit satisfactory documentation of additional
				education and experience as determined by the Board, has been received and
				approved by the Board.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-5 - Requirements for Endorsement Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An individual may apply for endorsement
				review if the individual is currently licensed in another state. The licensing
				requirements of the endorsing state shall be equal or greater to the
				requirements in this rule as determined by the Board.
5.2. Applicants shall provide proof of having
				passed the examination in Marital and Family Therapy or other certification
				examination in marriage and family therapy approved by the board. An applicant
				must be in good standing in all jurisdictions in which he or she is licensed
				and must not have been disciplined or have pending actions in any jurisdiction
				for an act that would have constitute
grounds for refusal, suspension,
				or revocation of a license to practice marriage and family therapy in the state
				of West Virginia at the time the act was committed
. The applicant
				shall provide verification of licensure standing from all jurisdictions where
				currently licensed to include resolved and pending actions.
5.2.a. The following documentation is
				required for the Board to consider the applicant for endorsement:
5.2.a.1. A completed West Virginia
				application, dated no more than six (6) months prior to submission to the
				Board;
5.2.a.2. Copies of graduate
				transcripts from the issuing institutions to evaluate the educational
				requirements from the endorsing jurisdiction;
5.2.a.3. An official copy, including exam
				results, of the applicant's file from the jurisdiction where currently
				licensed;
5.2.a.4. Two (2)
				completed professional recommendation forms from individuals licensed as
				professional counselors, psychologists, social workers, marriage and family
				therapists or psychiatrists on a form provided by the Board. Persons with a
				temporary license cannot complete the recommendation form; and
5.2.a.5. The appropriate fee.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-7 - Provisional License

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. An
				applicant shall obtain a provisional license before the applicant begins his or
				her supervisory experience. Hours obtained by an unlicensed person in any
				setting shall not count toward the supervised experience
				requirements.
7.2. The Board shall
				issue a provisional license to an applicant who:
7.2.a. has filed a licensure application in
				accordance with subsection 3.1 of this rule;
7.2.b. has met all the licensure
				requirements, including the academic requirements in section 6 of this rule;
				and passed the required examination in section 6.3 of this rule;
7.2.c. has signed a statement, included in
				the application, that the applicant has read and understands the MFT Code of
				Ethics, and the board rules as defined in this Series;
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-8 - Issuance of License

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 A
				license authorizing the holder to engage in the practice of marriage and family
				therapy shall be issued by the Board to each successful applicant for licensure
				as a marriage and family therapist.
8.2 Each license issued by the Board shall
				contain the licensee's name, license number, the date of issuance and a
				statement indicating the license expiration date of June 30.
8.3 Official licenses shall be signed, in
				person or electronically, by the Chairperson and Secretary of the Board, and be
				affixed with the official seal of the Board.
8.4 All licenses issued by the Board remain
				the property of the Board and shall be surrendered upon demand.
8.5 Once all requirements for licensure have
				been determined, the Board shall send notification of the license to the
				applicant's last known email address.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-9 - Professional Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				licensee shall display a professional disclosure statement at the place where
				he or she performs services and make a copy of the statement available to
				clients upon request. The Board shall provide the professional disclosure
				statement form when a license is originally issued. A licensee may obtain
				additional forms through the Board office or website.
9.2. The following information shall be
				included on the professional disclosure statement:
9.2.a. The name, title, business address, and
				business phone number of the licensee performing the service;
9.2.b. The formal professional education of
				the licensee, including academic degrees, the institutions awarding those
				degrees and the dates they were received;
(1)
				Formal professional education means the licensee's academic training related to
				marriage and family therapy which meets the educational requirements for
				licensure as a marriage and family therapist; and,
(2) Academic degrees that do not meet the
				requirements for licensure are not formal professional education as defined in
				this Rule and shall not be listed.
9.2.c. The licensee's areas of competence in
				marriage and family and the services they provide, as follows, as is
				appropriate: The practice of marriage and family therapy and the delivery of
				those services are defined in sections §27-8-2.3. and §27-8-6.1.a. of
				this rule. The marriage and family therapist areas of competence and services
				are required to be listed on the professional statement; and
9.2.d. The Board's name, current address, and
				telephone number. The following statement shall appear just above the Board's
				information: Any questions, concerns or complaints relating to the delivery of
				service by the marriage and family therapist listed above, may be directed
				to.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-10 - Code of Ethics

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				Board adopts the current version of the American Association for Marriage and
				Family Therapy's Code of Ethics as part of this rule and all provisions of the
				Code of Ethics have the effect as if it were a specifically promulgated rule of
				the Board.
10.2. The Board may take
				disciplinary action against a licensee who fails to comply with the Code of
				Ethics cited in subsection 10.1. of this rule.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-11 - Responsibilities of Licensees

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Licensees shall familiarize themselves with the most current provisions of the
				W. Va. Code
				30-31-1 et seq, the Code of Ethics
				of the American Association for Marriage and Family Therapy and practice
				therapy in accordance with the law and all rules promulgated by the
				Board.
11.2. A licensee shall
				notify the Board within thirty (30) days of any change of his or her legal
				name, primary address, telephone number, email address or similar change of
				location or status via a modality approved by the Board.
11.3. A licensee shall notify the Board in
				writing within thirty (30) days of witnessing what may constitute, in his or
				her best judgment, professional misconduct by another marriage and family
				therapist.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-12 - Expired License

Current through Register Vol. XLI, No. 28, July 12, 2024
A person whose license has expired and who continues to hold
				  himself or herself out as marriage and family therapist or who engages in
				  marriage and family therapy without a license is in violation of W. Va. Code
				  30-31-1.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-13 - Relations with the Public and Other Professions

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A licensee shall neither misrepresent
				nor accept the misrepresentation by other persons of the efficacy of his or her
				professional services.
13.2. A
				licensee shall not, under normal circumstances, offer professional services to
				clients already receiving services from another professional, unless agreed
				upon by all parties.
13.3. A
				licensee shall not distribute advertisements, announcements, or information
				that is false, inaccurate, misleading, partial, out of context, or
				deceptive.
13.4. A licensee shall
				clearly state their licensure status using the title "Licensed Marriage and
				Family Therapist or "LMFT" in all professional correspondence, documents,
				advertisements, and announcements.
13.5. A licensee shall display their original
				current license certificate and disclosure statement in a prominent place in
				the primary location of their practice.
13.6. A licensee shall distinguish between
				public statements made as a private citizen and those made as a representative
				of the profession and be aware that any statement they make may be interpreted
				as being representative of their profession.
13.7. A licensee shall not give or accept a
				commission, rebate, or other form of remuneration for referral of clients for
				professional services.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-14 - Violations of Child Support

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				The Board shall revoke or suspend the license of a licensee or impose other
				sanctions against a licensee or refuse to renew a license or approve an
				application for license, after receiving a valid circuit court order indicating
				that the licensee has violated a child support ruling and, as a result, has
				endangered his or her professional license.
14.2. The Board shall reinstate, remove
				sanctions against or allow renewal of or application for a license after
				receiving a valid circuit court order to reinstate or renew a license
				previously suspended, revoked or sanctioned because of a similar order of the
				court.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-15 - Retirement Status

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1
				Before the Board may consider the licensee for retirement status, the licensee
				shall submit, no sooner than two (2) weeks prior to June 30 of every even
				numbered year, a retirement application packet, in a format designated by the
				Board, containing all the following information:
15.1.a. A completed retirement status
				application on a form provided by the board; and,
15.1.b. A copy of the recording form
				documenting all the individual continuing education offerings completed by the
				licensee. Form provided by the board; and,
15.1.c. Copies of all certificates of
				completion corresponding with the documentation provided on the recording form;
				and,
15.1.d. The appropriate fee,
				as set forth in 27CSR9MFT Fee Rules.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-08 - Marriage and Family Therapist Licensing Rule › Section 27-8-16 - Inactive Status

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Inactive status shall only be granted to licenses in good-standing and meeting
				additional requirements as outlined by the Board.
16.1.a. The licensee shall submit to the
				Board a completed inactive status application on a form provided by the board
				with the fee, prior to June 16 of the year the application is being
				submitted;
16.1.b. A copy of the
				recording form documenting all individual continuing education offerings
				completed by the licensee on a form provided by the board when
				applicable.
16.1.c. Copies of all
				certificates of completion corresponding with the documentation provided on the
				recording form when applicable; and,
16.1.d. The appropriate fee, as set forth in,
				27CSR2 LMFT Fee Rules.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-09 - Marriage and Family Therapist Fees Rule › Section 27-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes fee requirements related to the licensing of marriage and
				family therapists, renewal of the licenses, and application and monitoring of
				continuing professional education providers and their programs.
1.2. Authority. -- W. Va. Code §
									30-31-6.
1.3. Filing Date. - July 21, 2022.
1.4. Effective Date. -- July 21,
				2022.
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect upon the expiration of
				August 1, 2027.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-09 - Marriage and Family Therapist Fees Rule › Section 27-9-2 - Fee Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Fees
				paid to the Board are non-refundable.
2.2. Fees, with the exception of those for
				examination, are payable to the West Virginia Board of Examiners in Counseling
				(WVBEC).
2.3. Fees.
2.3.a. Initial application for licensure --
				$250.00;
2.3.a.1. The fee required for the
				issuance of the initial license certificate shall be calculated on the current
				renewal rate set in this rule, the date the license is issued and the number of
				days remaining in the current annual renewal cycle;
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-10 - Marriage and Family Therapist License Renewal and Continuing Professional Education Requirements › Section 27-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes standards for license renewal requirements, continuing
				professional education requirements, and the sanctions to be imposed for
				failure to comply with the requirements.
1.2. Authority. -- W. Va. Code §
									30-31-5
				and §
									30-31-6.
1.3. Filing Date. -- June 5, 2017.
1.4. Effective Date. -- July 1,
				2017.
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect upon the expiration of
				July 1, 2027.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-10 - Marriage and Family Therapist License Renewal and Continuing Professional Education Requirements › Section 27-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Ethical Code"
				means the American Association for Marriage and Family Therapists (AAMFT) code
				of ethics.
2.2. "Approved program
				of continuing professional education" means a formally organized educational
				program sponsored by an approved provider and offered in the form of a class,
				course, workshop, seminar, staff development or training activity, or formally
				structured discussion. Programs shall be designed to enhance therapy skills,
				values, knowledge, and/or ethical considerations in the therapy`
				practice.
2.3. "Approved provider"
				means an agency, organization, person, institution, or professional association
				or its local affiliates which has applied to and received approval by the Board
				to provide approved programs of continuing professional education under its own
				auspices, and which remains approved by complying with the provisions of
				subdivision 6.2.b. of this rule.
2.4. "Biennium" means the two-year reporting
				period for continuing education beginning July 1, 2016 and ending June 30, 2018
				and every two-year period thereafter.
2.5. "Contact hour" means 60 minutes spent in
				an approved program offered by an approved provider. Contact hours exclude
				travel time, meeting time devoted to business, refreshment breaks, receptions,
				award banquets and other social gatherings and meals that do not include an
				acceptable program.
2.6.
				"Continuing professional education" means a program to enable the licensee to
				maintain and/or expand the quality of professional expertness in marriage and
				family therapy provided to the public; and keep the licensee knowledgeable of
				current research, techniques, and practice; and provide other resources which
				will improve skill and competence in marriage and family therapy. Continuing
				education hours must be relevant to the practice of marriage and family
				therapy.
2.7. "Formal program"
				means a program you attend in person with a presenter.