reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-06 - Code of Conduct › Section 17-6-3 - Definitions - Psychologist, School Psychologist, Client, Court Order, Licensed, Professional Relationship, Professional Service and Supervisees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The term
				"Psychologist" means licensed psychologist, licensed school psychologist,
				supervised psychologist, and supervised school psychologist.
3.2. The term "Client," also known as patient
				is:
(a) A direct recipient of psychological
				services within the context of a professional relationship including a child,
				adolescent, adult, couple, family, group, organization, community, or other
				populations, or other entities receiving psychological services;
(b) The individual or entity requesting the
				psychological services and not necessarily the recipient of those services
				(e.g., an evaluation that is court-ordered, requested by an attorney, an
				agency, other administrative body or organization or business);
(c) An organization, such as a business,
				corporate entity, community or government that receives services directed
				primarily to the organization, rather than to the individuals associated with
				the organization; or
(d) An
				individual with a legal guardian, including minors and legally incompetent
				adults; the legal guardian shall be the client for decision making purposes,
				except that the individual receiving services shall be the client for issues
				directly affecting the physical or emotional safety of the individual, such as
				sexual or other exploitative dual relationships, or issues specifically
				reserved to the individual, and agreed to by the guardian prior to rendering of
				services, such as confidential communication in a therapy
				relationship.
3.2.a. In the case of
				individuals with legal guardians, including minors and legally incompetent
				adults, the legal guardian shall be the client for decision making purposes,
				except that the individual receiving services shall be the client for (a)
				issues directly affecting the physical or emotional safety of the individual,
				such as sexual or other exploitive multiple relationships, and (b) issues
				specifically reserved to the individual, and agreed to by the guardian prior to
				rendering of services, such as confidential communication in a therapy
				relationship.
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 17-6-5 - Multiple Relationships - Definition of Multiple Relationships, Prohibited Multiple Relationships and Sexual Relationships

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Definition of multiple relationships.
				Psychologists recognize that multiple relationships may occur because of the
				psychologist's present or previous familial, social, emotional, financial,
				supervisory, political, administrative or legal relationship with the client or
				a relevant person associated with or related to the client. Psychologists take
				reasonable steps to ensure that if such a multiple relationship occurs, it is
				not exploitative of the client or a relevant person associated with or related
				to the client.
5.1.a. Prohibited Multiple
				Relationships - A multiple relationship that is exploitative of the client or a
				relevant person associated with or related to the client is prohibited.
				Psychologists take all reasonable steps to ensure that any multiple
				relationships do not impair the psychologist's professional judgment or
				objectivity or result in a conflict of interest with the client or a relevant
				person associated with or related to the client.
5.1.b. Multiple relationships that would not
				reasonably be expected to impair a psychologist's judgment or objectivity or
				risk harm to the client or relevant person associated with or related to the
				client are not expressly prohibited.
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 17-6-6 - Impairment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Impaired
				psychologist. The psychologist shall not undertake or continue a professional
				relationship with a client when the psychologist is, or could reasonably be
				expected by the Board to be, impaired due to mental, emotional, physiologic,
				pharmacologic, or substance abuse conditions. If such a condition develops
				after a professional relationship has been initiated, the psychologist shall
				terminate the relationship in an appropriate manner, shall notify the client in
				writing of the termination, and shall assist the client in obtaining services
				from another professional.
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 17-6-7 - Client Welfare - Explanation of Procedures, Termination of Services, Stereotyping, Solicitation of Business by Clients, Referrals on Request and Harassment

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Providing
				explanation of procedures. The psychologist shall give a truthful,
				understandable, and appropriate account of the client's condition to the client
				or to those responsible for the care of the client. The psychologist shall keep
				the client fully informed as to the purpose and nature of any evaluation,
				treatment, or other procedures, and of the client's right to freedom of choice
				regarding services provided.
7.2.
				Termination of services. Whenever professional services are terminated, if
				feasible, the psychologist shall offer to help locate alternative sources of
				professional services or assistance when indicated. The psychologist shall
				terminate a professional relationship when it is reasonably clear that the
				client is not benefiting from the relationship, and, if feasible, shall prepare
				the client appropriately for such termination. A psychologist may terminate a
				professional relationship when threatened or otherwise endangered by the client
				or another relevant person associated with or related to the client.
7.3. Stereotyping. The psychologist shall not
				impose on the client any stereotypes of behavior, values, or roles related to
				age, gender, religion, race, disability, nationality, sexual orientation, or
				diagnosis which would interfere with the objective provision of psychological
				services to the client.
7.4.
				Solicitation of business by clients. The psychologist providing services to an
				individual client shall not induce that client(s) to solicit business on behalf
				of the psychologist.
7.5. Referrals
				on request. The psychologist providing services to a client shall, if feasible,
				make an appropriate referral of the client to another professional when
				requested to do so by the client.
7.6. Harassment. Psychologists do not engage
				in any verbal or physical behavior with clients which is seductive, demeaning
				or harassing.
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 17-6-8 - Welfare of Supervisees, and Participants and Students

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Welfare of supervisees. The psychologist
				shall not engage in any verbal or physical behavior with supervisees which is
				seductive, demeaning or harassing or exploit a supervisee in any way --
				sexually, financially or otherwise.
8.2. Welfare of research participants. The
				psychologist shall respect the dignity and protect the welfare of his/her
				research participants, and shall comply with all relevant statutes and
				administrative rules concerning treatment of research participants.
8.3. Welfare of students. The psychologist
				shall not engage in any verbal or physical behavior with students which is
				seductive, demeaning or harassing or exploit a student in any way - sexually,
				financially or otherwise.
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 17-6-10 - Representation of Services

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Display of license. The psychologist shall display his/her current (name of
				jurisdiction) license to practice psychology, on the premises of his/her
				professional office.
10.2.
				Misrepresentation of qualifications. The psychologist shall not misrepresent
				directly or by implication his/her professional qualifications such as
				education, experience, or areas of competence.
10.3. Misrepresentation of affiliations. The
				psychologist shall not misrepresent directly or by implication his/her
				affiliations, or the purposes or characteristics of institutions and
				organizations with which the psychologist is associated.
10.4. False or misleading information. The
				psychologist shall not include false or misleading information in public
				statements concerning professional services offered.
10.5. Misrepresentation of services or
				products. The psychologist shall not associate with or permit his/her name to
				be used in connection with any services or products in such a way as to
				misrepresent (a) the services or products, (b) the degree of his/her
				responsibility for the services or products, or (c) the nature of his/her
				association with the services or products.
10.6. Correction of misrepresentation by
				others. The psychologist shall correct others who misrepresent the
				psychologist's professional qualifications or affiliations.
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 17-6-11 - Fees and Statements

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1
				Disclosure of cost of services. The psychologist shall not mislead or withhold
				from the client, a prospective client, or third party payor, information about
				the cost of his/her professional services.
11.2. Reasonableness of fee. The psychologist
				shall not exploit the client or responsible payor by charging a fee that is
				excessive for the services performed or by entering into an exploitive
				bartering arrangement in lieu of a fee.
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 17-6-12 - Assessment Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Confidential information. The psychologist shall treat an assessment result or
				interpretation regarding an individual as confidential information.
12.2. Communication of results. The
				psychologist shall accompany communication of results of assessment procedures
				to the client, parents, legal guardians or other agents of the client by
				adequate interpretive aids or explanations.
12.3. Reservations concerning results. The
				psychologist shall include in his/her report of the results of a formal
				assessment procedure, for which norms are available, any deficiencies of the
				assessment norms for the individual assessed and any relevant reservations or
				qualifications which affect the validity, reliability, or other interpretation
				of results.
12.4. Protection of
				integrity of assessment procedures. The psychologist shall not reproduce or
				describe in popular publications, lectures, or public presentations
				psychological tests or other assessment devices in ways that might invalidate
				them.
12.5. Information for
				professional users. The psychologist offering an assessment procedure or
				automated interpretation service to other professionals shall accompany this
				offering by a manual or other printed materials which fully describes the
				development of the assessment procedure or service, the rationale, evidence of
				validity and reliability, and characteristics of the normative population. The
				psychologist shall explicitly state the purpose and application for which the
				procedure is recommended and identify special qualifications required to
				administer and interpret it properly. The psychologist shall ensure that the
				advertisements for the assessment procedure or interpretive service are factual
				and descriptive.
12.6.
				Psychologists provide opinions of the psychological characteristics of
				individuals only after they have conducted an examination of the individuals
				adequate to support their statements or conclusions.
12.7. When, despite reasonable efforts, such
				an examination is not practical, psychologists document the efforts they made
				and the result of those efforts, clarify the probable impact of their limited
				information on the reliability and validity of their opinions and appropriately
				limit the nature and extent of their conclusions or recommendations.
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 17-6-13 - Test Scoring and Interpretation Services

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Psychologists retain responsibility for
				the appropriate application, interpretation and use of assessment instruments,
				whether they score and interpret such tests themselves or use automated or
				other services. When using automated interpretation programs, psychologists
				shall analyze and interpret test data and the computer-generated interpretation
				report and apply pertinent findings to the specific client. If using the
				computer-generated interpretation report word for word, psychologists shall
				place such information in quotes and identify the source.
13.1.a. Psychologists who offer assessment or
				scoring services to other professionals accurately describe the purpose, norms,
				validity, reliability and applications of the procedures and any special
				qualifications applicable to their use.
13.1.b. Psychologists select scoring and
				interpretation services (including automated services) on the basis of evidence
				of the validity of the program and procedures as well as on other appropriate
				considerations.
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 17-6-14 - Maintaining Test Security

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Psychologists shall maintain the integrity and security of
				assessment-materials, assessment data, and other assessment techniques
				consistent with law and contractual obligations, and in adherence to this
				ethics code.
14.2. The term
				assessment-materials refers to manuals, instruments, protocols, raw scores,
				client responses to test questions or stimuli, test questions or stimuli:
				psychologists' notes and recordings concerning client/patient statements and
				behavior during an examination; as well as responses of significant others,
				parents, teachers, and other third-parties to collateral assessment instrument
				questions or stimuli.
14.3.
				Psychologists shall only release assessment-materials to other psychologists
				who are qualified to interpret such information.
14.4. The term assessment-data refers to
				T-scores, standard-scores, index-scores, IQ-scores, scaled scores and similar
				scores. The term assessment-data does not include raw scores.
14.5. In their reports psychologists include
				assessment-data sufficient that evaluation results may be explained.
14.6. Pursuant to a client/patient release,
				psychologists provide test data to the client/patient or other persons
				identified in the release.
14.7.
				Psychologists shall refrain from releasing assessment-data to protect a
				client/patient or others from substantial harm or misuse or misrepresentation
				of the data or the test, recognizing that in many instances release of
				confidential information under these circumstances is regulated by
				law.
14.8. In the absence of a
				client/patient release, psychologists provide test data only as required by law
				or court order.
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 17-6-15 - Violations of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Psychologists
				shall not violate any applicable statute or administrative rule regulating the
				practice of psychology.
15.2. Use
				of fraud, misrepresentation, or deception. Psychologists shall not use fraud,
				misrepresentation, or deception in obtaining a psychology license, in passing a
				psychology licensing examination, in assisting another to obtain a psychology
				license or to pass a psychology licensing examination, in billing clients or
				third party payors, in providing psychological service, in reporting the
				results of psychological evaluations or services, or in conducting any other
				activity related to the practice of psychology.
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 17-6-16 - Aiding Unauthorized Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Psychologists shall not aid or abet
				another person in misrepresenting his/her professional credentials or in
				illegally engaging in the practice of psychology.
16.2. Psychologists shall not delegate
				professional responsibilities to a person not appropriately credentialed or
				otherwise appropriately qualified to provide such services.
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 17-6-17 - Resolving Ethical Issues

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				If psychologists learn of misuse or misrepresentation of their work, they take
				reasonable steps to correct or minimize the misuse or
				misrepresentation.
17.2. If
				psychologists' ethical responsibilities conflict with law, regulations or other
				governing legal authority, psychologists clarify the nature of the conflict,
				make known their commitment to the Ethics Code and take reasonable steps to
				resolve the conflict consistent with the Ethics Code. Under no circumstances
				may this standard be used to justify or defend violating human
				rights.
17.3. If the demands of an
				organization with which psychologists are affiliated or for whom they are
				working are in conflict with this Ethics Code, psychologists clarify the nature
				of the conflict, make known their commitment to the Ethics Code and take
				reasonable steps to resolve the conflict consistent with the ethics code. Under
				no circumstances may this standard be used to justify or defend violating human
				rights.
17.4. When psychologists
				believe that there may have been an ethical violation by another psychologist,
				they attempt to resolve the issue by bringing it to the attention of that
				individual, if an informal resolution appears appropriate and the intervention
				does not violate any confidentiality rights that may be involved.
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 17-6-18 - Reporting Suspected Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Reporting of violations to Board. If
				required by statute and/or the psychologist who has substantial reason to
				believe that there has been a violation of the statutes or rules of the Board,
				that might reasonably be expected to be harmful, shall report such violation to
				the Board. Unless required by statute, the client's name may be provided only
				with the written consent of the client.
18.2. Providing information to client. When a
				psychologist learns from a client of a possible violation of the statutes or
				rules of the Board, or when a psychologist receives a request from a client for
				information on how to file a complaint with the Board, the psychologist has an
				obligation to inform the client of the standards of practice of psychology and
				how to file a complaint with the Board.
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 17-6-19 - Psychological Service Delivered via Employers and Organization

Current through Register Vol. XLI, No. 28, July 12, 2024
19. Psychologists
				shall adhere to this ethical code even if their Employers and employer
				organizations direct, attempt to influence them or pressure them to act
				unethically.
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 17-6-20 - Education and Training

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1.
				Psychologists responsible for education and training programs take reasonable
				steps to ensure that the programs are designed to provide the appropriate
				knowledge and proper experiences, and to meet the requirements for licensure,
				certification or other goals for which claims are made by the
				program.
20.2. Psychologists
				responsible for education and training programs take reasonable steps to ensure
				that there is a current and accurate description of the program content
				(including participation in required course- or program-related counseling,
				psychotherapy, experiential groups, consulting projects or community service),
				training goals and objectives, stipends and benefits and requirements that must
				be met for satisfactory completion of the program. This information must be
				made readily available to all interested parties.
20.3. Psychologists (a) take reasonable steps
				to ensure that course syllabi are accurate regarding the subject matter to be
				covered, bases for evaluating progress and the nature of course experiences.
				This standard does not preclude an instructor from modifying course content or
				requirements when the instructor considers it pedagogically necessary or
				desirable, so long as students are made aware of these modifications in a
				manner that enables them to fulfill course requirements. (b) When engaged in
				teaching or training, psychologists present psychological information
				accurately.
20.4. Psychologists do
				not require students or supervisees to disclose personal information in course-
				or program-related activities, either orally or in writing, regarding sexual
				history, history of abuse and neglect, psychological treatment and
				relationships with parents, peers and spouses or significant others except if
				(a) the program or training facility has clearly identified this requirement in
				its admissions and program materials or (b) the information is necessary to
				evaluate or obtain assistance for students whose personal problems could
				reasonably be judged to be preventing them from performing their training- or
				professionally related activities in a competent manner or posing a threat to
				the students or others.
20.5.
				Mandatory individual or group therapy:
(a)
				When individual or group therapy is a program or course requirement,
				psychologists responsible for that program allow students in undergraduate and
				graduate programs the option of selecting such therapy from practitioners
				unaffiliated with the program.
(b)
				Faculty who are or are likely to be responsible for evaluating students'
				academic performance do not themselves provide that therapy.
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 17-6-21 - Research and Publication

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1
				Institutional approval: When institutional approval is required, psychologists
				provide accurate information about their research proposals and obtain approval
				prior to conducting the research. They conduct the research in accordance with
				the approved research protocol.
21.2. Informed consent to research (a) When
				obtaining informed consent psychologists inform participants about (1) the
				purpose of the research, expected duration and procedures; (2) their right to
				decline to participate and to withdraw from the research once participation has
				begun; (3) the foreseeable consequences of declining or withdrawing; (4)
				reasonably foreseeable factors that may be expected to influence their
				willingness to participate such as potential risks, discomfort or adverse
				effects; (5) any prospective research benefits; (6) limits of confidentiality;
				(7) incentives for participation; and (8) whom to contact for questions about
				the research and research participants' rights. They provide opportunity for
				the prospective participants to ask questions and receive answers. (b)
				Psychologists conducting intervention research involving the use of
				experimental treatments clarify to participants at the outset of the research
				(1) the experimental nature of the treatment; (2) the services that will or
				will not be available to the control group(s) if appropriate; (3) the means by
				which assignment to treatment and control groups will be made; (4) available
				treatment alternatives if an individual does not wish to participate in the
				research or wishes to withdraw once a study has begun; and (5) compensation for
				or monetary costs of participating including, if appropriate, whether
				reimbursement from the participant or a third-party payor will be
				sought.
21.3. Informed consent for
				recording voices and images in research. Psychologists obtain informed consent
				from research participants prior to recording their voices or images for data
				collection unless (1) the research consists solely of naturalistic observations
				in public places, and it is not anticipated that the recording will be used in
				a manner that could cause personal identification or harm, or (2) the research
				design includes deception, and consent for the use of the recording is obtained
				during debriefing.
21.4.
				Client/Patient, student, and subordinate research participants:
(a) When psychologists conduct research with
				clients/patients, students or subordinates as participants, psychologists take
				steps to protect the prospective participants from adverse consequences of
				declining or withdrawing from participation.
(b) When research participation is a course
				requirement or an opportunity for extra credit, the prospective participant is
				given the choice of equitable alternative activities.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-07 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 17-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for consideration of prior criminal convictions in
				initial licensure determinations and for a waiver of initial licensing fees for
				certain individuals.
1.2.
				Authority. -- W. Va. Code §
									30-1-24,
				and W. Va. Code §
									30-21-6.
1.3. Filing Date. - May 13, 2020
1.4. Effective Date. - July 1, 2020
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect upon July 1, 2025.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-07 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 17-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the Board of Examiners of Psychologists established pursuant to W. Va. Code
				§
									30-21-1
et
				seq
.
2.2. "Initial
				license" means obtaining a license in West Virginia for the practice of
				psychology or school psychology for the first time.
2.3. "License" or "licensure" means the
				official authorization by the board to engage in the practice of psychology or
				school psychology.
2.4.
				"Unreversed", as that term refers to a criminal conviction, means that a
				conviction has not been set aside, vacated, pardoned, or expunged.
2.5. "Initial" means obtaining a license in
				West Virginia for the practice of psychology or school psychology for the first
				time.
2.6. "Local labor market"
				means every county in West Virginia, and any county outside of West Virginia if
				any portion of that county is within fifty miles of the border of West
				Virginia, pursuant to W.Va. Code §
									21-1C-2.
2.7. "Low-income individual" means an
				individual in the local labor market as defined in W. Va. Code §
									21-1C-2,
				whose household adjusted gross income is below 130 percent of the federal
				poverty line. This term also includes any person enrolled in a state or federal
				public assistance program including, but not limited to, the Temporary
				Assistance for Needy Families Program (TANF), Medicaid, or the Supplemental
				Nutrition Assistance Program (SNAP).
2.8. "Military families" means any person who
				serves as an active member of the armed forces of the United States, the
				National Guard, or a reserve component as described in
				38
				U. S. C. §
										101, honorably discharged
				veterans of those forces, and their spouses. This term also includes surviving
				spouses of deceased service members who have not remarried.
2.9. "Initial licensing fees" includes the
				application fee and/or the annual supervision fee, which the candidate must pay
				when they are applying to obtain a license to practice psychology in WV for the
				first time.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-07 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 17-7-3 - Rational nexus to the practice of psychology or school psychology

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The board may
				not disqualify an applicant from initial licensure because of a prior criminal
				conviction that remains unreversed unless that conviction is for a crime that
				bears a rational nexus to the practice of psychology or school psychology. In
				determining whether a criminal conviction bears a rational nexus to psychology
				or school psychology, the board shall consider at a minimum:
3.1.1. The nature and seriousness of the
				crime for which the individual was convicted;
3.1.2. The passage of time since the
				commission of the crime;
3.1.3. The
				relationship of the crime to the ability, capacity, and fitness required to
				perform the duties and discharge the responsibilities of a licensed
				psychologist or school psychologist; and
3.1.4. Any evidence of rehabilitation or
				treatment undertaken by the individual.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-07 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 17-7-4 - Application after denial

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Notwithstanding any other provision of the West Virginia Code to the contrary,
				if an applicant has been denied licensure because of a prior criminal
				conviction, the board shall permit the applicant to apply for initial licensure
				if:
4.1.1. A period of five years has elapsed
				from the date of conviction or the date of release from incarceration,
				whichever is later;
4.1.2. The
				individual has not been convicted of any other crime during the period of time
				following the disqualifying offense; and
4.1.3. The conviction was not for an offense
				of a violent or sexual nature:
Provided,
That a conviction for
				an offense of a violent or sexual nature may subject an individual to a longer
				period of disqualification from licensure, to be determined by the board on a
				case by case basis.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-07 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 17-7-5 - Petition for licensure eligibility determination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An individual with a criminal record who
				has not previously applied for licensure may petition the board at any time for
				a determination of whether the individual's criminal record will disqualify the
				individual from obtaining a license.
5.2. The petition shall be submitted on an
				application form prescribed by the board and shall include sufficient details
				about the individual's criminal record to enable the board to identify the
				jurisdiction where the conviction occurred, the date of the conviction, and the
				specific nature of the conviction.
5.3. The applicant may submit with the
				petition for licensure eligibility evidence of rehabilitation, letters of
				reference, and any other information the applicant deems relevant to show
				fitness and the ability to practice psychology.
5.4. The board shall provide the
				determination within 60 days of receiving the petition and the applicable fee
				from the applicant.
5.5. The fee
				for an applicant petitioning for a licensure eligibility determination shall be
				$75.00 and upon acknowledgement of eligibility by the board and upon the
				submission of an application for licensure, the eligibility fee shall be
				deducted from the applicable initial licensure application fee.
West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-07 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 17-7-6 - Application for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Board shall issue a license to an
				applicant who meets the requirements of W. Va. Code
et seq.
and the rules promulgated by the Board, and the Board shall waive the initial
				licensure fee if the applicant qualifies as a "low-income individual" or as a
				member of one or more "military families" as defined in this rule
6.2. Low-income individuals, as defined in
				this rule, may seek a waiver of the initial licensure fee for licensure as a
				psychologist or school psychologist by submitting with their complete
				application a low-income waiver of initial licensure fee form, provided by the
				Board on its website
www.psychbd.wv.gov
and all required verification documents as prescribed by the Board. The Board
				shall review the application and issue a decision within 30 days of receipt of
				the complete application.
6.3.
				Military families, as defined in this rule, may seek a waiver of the initial
				licensure fee for licensure as a psychologist or school psychologist by
				submitting with their complete application a military service verification
				form, provided by the Board on its website
www.psychbd.wv.gov
and all required
				verification documents as prescribed by the Board. The Board shall review the
				application and issue a decision within 30 days of receipt of the complete
				application.
West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-01 - West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners › Section 18-1-1 - General provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 
				Scope. -- Except as otherwise specifically provided, this rule applies to all
				persons in West Virginia who perform medical imaging and radiation therapy to
				human beings for diagnostic or therapeutic purposes under the supervision of a
				licensed practitioner. This rule establishes the general requirements for
				licensure of Medical Imaging and Radiation Therapy Technologist in West
				Virginia.
1.2. Authority. -- W. Va.
				Code §
									30-23-5
1.3. Filing Date. - March 29, 2024
1.4. Effective Date. - April 1,
				2024
1.5. Sunset Provision - This
				rule shall terminate and have no further force or effect on August 1,
				2035.
West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-01 - West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners › Section 18-1-3 - Board functions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Duties and powers of the Board. -- The duties and powers of the Board are
				defined in W.Va. Code §
									30-23-1
et seq
.
				It is the duty of the Board to carry out the provisions of the law to the best
				of its ability.
West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-01 - West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners › Section 18-1-5 - Educational Requirements for applicants for licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Standards for an approved school shall
				follow the current standards as established by the JRCERT, JRCNMT, or standards
				determined programmatically equivalent by the Board.
5.2. Before any new school of Medical Imaging
				or Radiation Therapy Technology begins operation in West Virginia, it shall
				make application to the Board and submit a needs assessment survey. Upon
				approval of the school by the Board, the school shall then apply to the JRCERT,
				JRCNMT, or equivalent as determined by the Board, to begin the accreditation
				process.
5.3. All approved schools
				of Medical Imaging and Radiation Therapy Technology shall submit a copy of
				their Accreditation program annual report to the Board at the same time
				required by their accrediting body.
5.4. The Board may require additional program
				assessment data as considered necessary.
West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-01 - West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners › Section 18-1-6 - Telehealth Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1
				Pursuant to W. Va. Code §
									30-1-26, telehealth practice is
				inapplicable to the practice of a medical imaging and radiation therapy
				technologist.
West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-02 - Continuing Education › Section 18-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes requirements for continuing education to practice
				medical imaging or radiation therapy. This Rule sets forth Continuing Education
				Requirements for all medical imaging technologists and radiation therapists,
				including WV Grand fathered technologists. All persons licensed by the Board to
				practice medical imaging or radiation therapy must earn a minimum of 24 hours
				of continuing education credits during a two-year period.
1.2. Authority. -- W. Va. Code §
									30-23-7.
1.3. Filing Date. -- March 31,
				2008.
1.4. Effective Date. -- April
				15, 2008.
West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-02 - Continuing Education › Section 18-2-3 - Continuing Education

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Each
				applicant for renewal of a license, if the license is currently active, or
				reinstatement of a license if a license is suspended or on the non-practicing
				list, shall verify that he or she has satisfactorily completed twenty-four (24)
				contact hours of continuing education during the prescribed two (2) year
				reporting period.
Units of measurement for continuing education courses are as
				  follows:
a. 30 to 49 minutes = 0.5 CE
				credits
50 to 74 minutes = 1 CE credits
75 to 99 minutes = 1.5 CE credits
100 minutes = 2 CE credits
Activities lasting less than 30 minutes will be no
				  credit.
b. Writing an
				original text book related to medical imaging / radiation therapy sciences
				equals 24 credits.
Writing a chapter in a text book related to medical
				  imaging/radiation therapy sciences equals 4 credits.
Writing an article that is published in a peer-review journal
				  equals 4 credits.
c. 1
				academic semester hour is limited to 16 ce's/semester. The applicant must
				receive a C or higher in an approved academic course.
d. 1 academic quarter hour is limited to 12
				ce's/quarter. The applicant must receive a C or higher in an approved academic
				course.
West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-02 - Continuing Education › Section 18-2-5 - Failure to Meet Requirements or Exceptions to Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board may take the following actions
				if a licensee fails to meet the continuing education requirements or the
				conditions for exceptions for renewal.
5.2 The Board may place the licensee on
				non-practicing status without penalty and may waive the continuing education
				requirements, providing that the licensee notifies the Board in writing of his
				or her desire to have the Board place his or her license on non-practicing
				status before the last day of the reporting period. The Board shall not charge
				a fee to place the license on non-practicing status.
5.3. The Board shall suspend the license of
				any person who fails to notify the Board, in writing, prior to the last day of
				the reporting period that he or she wishes to place his or her license on the
				non-practicing status.
West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-02 - Continuing Education › Section 18-2-6 - Reinstatement of a License on Non-Practicing or Suspended Status or Issuance of a Probational Temporary License

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A person wishing to reinstate a license
				from non-practicing status or from suspended status shall comply with the
				following requirements. The person shall:
a.
				make application for reinstatement of the license from non-practicing status or
				suspended status;
b. meet the
				continuing education requirements as set forth in this rule; and
c.pay the fee for reinstatement suspended
				license as specified in the Board's rule, Schedule of fees for services
				rendered, 18CSR 1.
West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-02 - Continuing Education › Section 18-2-7 - Audit of Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may select any licensee who holds a current license
				  to audit for compliance with continuing education requirements as set forth in
				  this rule.
7.1. To comply with the
				audit request from the Board, a licensee shall submit legible copies of
				certificates of attendance at continuing education offerings.
7.2. The licensee shall submit the required
				documents within thirty (30) days of the date he or she receives notification
				of the audit. The Board may grant an extension of time for submission of the
				documents, on an individual basis, and in cases of hardship, providing the
				licensee makes a written request for an extension of time and provides
				justification for such the request.
7.3. Licensees shall keep certificates of
				attendance at continuing education offerings, letters verifying special
				approval for informal offerings from non-approved providers, transcripts of
				courses, and documentation of compliance with exceptions for a three (3) year
				period following submission of continuing education activities to the
				Board.
7.4. The Board shall notify
				the licensee of the satisfactory completion of the audit.
7.5. If a person fails to submit the audit
				information requested by the Board, the Board shall not renew a license before
				the audit is completed.
7.6. The
				Board shall take action as prescribed in the Board's rule, Medical Imaging and
				Radiation Therapy Technology Board of Examiners, 18CSR 1, against any licensee
				who submits false information to the Board.
7.7. A licensee who fails to notify the Board
				of a current mailing address is not absolved from the audit requirements. The
				Board shall not renew a license before the audit is completed.
West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-02 - Continuing Education › Section 18-2-8 - Minimum Standards for Approved Providers

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.The Board shall require that all
				providers of continuing education for medical imaging and/or radiation therapy
				education obtain approval from a RCEEM for continuing education self-study
				products and educational activities.
8.2. The Board shall maintain a current list
				of approved providers which shall be available to the public upon request.
a. The Board shall notify providers who fail
				to meet the minimum acceptable provider standards, in writing, of specific
				deficiencies and give the providers a reasonable period of time to correct
				deficiencies.
b. The Board may
				remove an approved provider who does not correct deficiencies within the
				specified time period from the list of approved providers.
West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-02 - Continuing Education › Section 18-2-9 - Independent or Self-Study

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Independent or self study activities may include mediated learning, such as
				educational television, audio cassettes, and printed media, designed as
				programmed learning units.
9.2.
				Contact hour equivalents for approved independent study shall be based on
				contact hours approved by the approved provider.
9.3. Independent, or Self study, may include
				activities which the licensee determines will enhance skills and knowledge of
				medical imaging or radiation therapy, such as reading professional journals,
				watching educational television and listening to audio cassettes that are not
				designed as programmed learning units, and are not approved by the approved
				provider.