WEST VIRGINIA LEGISLATURE

2022 REGULAR SESSION

Introduced

House Bill 4369

By Delegates Rohrbach, Reed, Summers, Tully, D. Jeffries, Pack, G. Ward, Bates, Jennings, Worrell, and Forsht

[Introduced January 25, 2022; Referred to the Committee on Health and Human Resources]

A BILL to amend and reenact §30-21A-3 of the Code of West Virginia, 1931, as amended, relating to updating the telepsychology compact.

Be it enacted by the Legislature of West Virginia:

ARTICLE 21A. Psychology COMPACT.

§30-21A-3. Compact privilege to practice telepsychology.

(a) Compact States shall recognize the right of a psychologist, licensed in a Compact State in conformance with this section, to practice telepsychology in other Compact States (Receiving States) in which the psychologist is not licensed, under the Authority to Practice Interjurisdictional Telepsychology as provided in the Compact.

(b) To exercise the Authority to Practice Interjurisdictional Telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact State shall:

(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

(A) Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or

(B) A foreign college or university considered to be equivalent to §30-21A-3(b)(1)(A) of this code above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and or

(C) Hold a graduate degree in psychology that meets the following criteria:

(i) The program, wherever it may be administratively housed, shall be clearly identified and labeled as a psychology program. Such a program shall specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists; 

(ii) The psychology program shall stand as a recognizable, coherent, organizational entity within the institution;

 (D) There shall be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

 (E) The program shall consist of an integrated, organized sequence of study;

 (F) There shall be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

 (G) The designated director of the program shall be a psychologist and a member of the core faculty;

 (H) The program shall have an identifiable body of students who are matriculated in that program for a degree;

 (I) The program shall include supervised practicum, internship, or field training appropriate to the practice of psychology;

 (J) The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degree and a minimum of one academic year of full-time graduate study for master’s degree;

 (K) The program includes an acceptable residency as defined by the rules of the commission.

(2) Possess a current, full, and unrestricted license to practice psychology in a Home State which is a Compact State;

(3) Have no history of adverse action that violate the rules of the commission;

(4) Have no criminal record history reported on an Identity History Summary that violates the rules of the commission;

(5) Possess a current, active E.Passport;

(6) Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background, and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the commission; and

(7) Meet other criteria as defined by the rules of the commission.

(c) The Home State maintains authority over the license of any psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology.

(d) A psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology will be subject to the Receiving State’s scope of practice. A Receiving State may, in accordance with that state’s due process law, limit or revoke a psychologist’s Authority to Practice Interjurisdictional Telepsychology in the Receiving State and may take any other necessary actions under the Receiving State’s applicable law to protect the health and safety of the Receiving State’s citizens. If a Receiving State takes action, the state shall promptly notify the Home State and the commission.

(e) If a psychologist’s license in any Home State, another Compact State, or any Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is restricted, suspended, or otherwise limited, the E.Passport shall be revoked and therefore the psychologist may not be eligible to practice telepsychology in a Compact State under the Authority to Practice Interjurisdictional Telepsychology.

NOTE: The purpose of this bill is to update the telepsychology compact.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.