Introduced Version
House Bill 2530 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2530
(By Delegates Perdue, Perry, Eldridge,
Ellington, Lawrence, Morgan and Staggers)
[Introduced February 19, 2013; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §30-21-7 of the Code of West Virginia,
1931,as amended; to amend said code by adding thereto a new
section, designated §30-30-30; to amend and reenact §30-31-8
and §30-31-9 of said code, all relating to reciprocity for
psychologists, social workers, professional counselors and
marriage and family therapists; and granting those
professionals licensure to practice in the state provided
certain conditions are met.
Be it enacted by the Legislature of West Virginia:
That §30-21-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §30-30-30; and that §30-31-8 and
§30-31-9 of said code be amended and reenacted, all to read as
follows:
ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.
§30-21-7. Qualifications of applicants; exceptions; applications;
fee.
(a) To be eligible for a license to engage in the practice of
psychology, the applicant must shall:
(1) Be at least eighteen years of age;
(2) Be of good moral character;
(3) Be a holder of a doctor of philosophy degree or its
equivalent or a master's degree in psychology from an accredited
institution of higher learning, with adequate course study at such
institution in psychology, the adequacy of any such course study to
be determined by the board;
(4) When the degree held is a doctor of philosophy degree or
its equivalent, have at least one year's experience subsequent to
receiving said degree in the performance of any of the
psychological services described in subdivision (e), section two of
this article, including those activities excluded from the
definition of the term "practice of psychology" in said subdivision
(e), and, when the degree held is a master's degree, have at least
five years' experience subsequent to receiving said degree in the
performance of any of the psychological services described in said
subdivision (e), including those activities excluded from the
definition of the term "practice of psychology" in said subdivision
(e);
(5) Have passed the examination prescribed by the board, which examination shall cover the basic subject matter of psychology and
psychological skills and techniques;
(6) Not have been convicted of a felony or crime involving
moral turpitude; and
(7) Not, within the next preceding six months, have taken and
failed to pass the examination required by subdivision (5),
subsection (a) of this section.
(b) The following persons shall be eligible for a license to
engage in the practice of psychology without examination:
(1) Any applicant who holds a doctor of philosophy degree or
its equivalent from an institution of higher learning, with
adequate course study at such institution in psychology and who is
a diplomate of the "American Board of Examiners in Professional
Psychology"; and
(2) Any person who holds a license or certificate to engage in
the practice of psychology issued by any other state, the
requirements for which license or certificate are found by the
board to be at least as great as those provided in this article in
another jurisdiction
who has practiced psychology for a minimum of
five years and who is not currently facing, nor has been subject
to, disciplinary action.
(c) Any person who is engaged in the practice of psychology in
this state, or is engaged in any of the activities described in
subdivision (e), (1), (2) or (3), section two of this article, in this state, on the effective date of this article and has been so
engaged for a period of two consecutive years immediately prior
thereto shall be eligible for a license to engage in the practice
of psychology without examination and without meeting the
requirements of subdivision (4), subsection (a) of this section, if
application for such license is made within six months after the
effective date of this article and if such person meets the
requirements of subdivisions (1), (2), (3) and (6), subsection (a)
of this section: Provided, That an equivalent of a master's degree
in psychology may be considered by the board, only for the purpose
of this subsection (c), as meeting the requirements of subdivision
(3), subsection (a) of this section.
(d) Any applicant for any such license shall submit an
application therefor at such time (subject to the time limitation
set forth in subsection (c) of this section), in such manner, on
such forms and containing such information as the board may from
time to time by reasonable rule and regulation prescribe, and pay
to the board an application fee.
ARTICLE 30. SOCIAL WORKERS.
§30-30-30. Reciprocity for licensed social workers in other
__________states; requirements.
__________Any person authorized to practice as an independent clinical
social worker, certified social worker, licensed graduate social worker or social worker in another jurisdiction who has practiced
in his or her disciplinary field for a minimum of five years and
who is not currently facing, nor has been subject to, disciplinary
action by a licensure board during the preceding five years shall
be granted licensure in this state to practice in his or her
respective field.
ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.
§30-31-8. Requirements for license to practice counseling.
(a) To be eligible for a license to practice professional
counseling, an applicant must:
(1) Be of good moral character;
(2) Be at least eighteen years of age;
(3) Be a citizen of the United States or be eligible for
employment in the United States;
(4) Pay the applicable fee;
(5)(A)(i) Have earned a master's degree in an accredited
counseling program or in a field closely related to an accredited
counseling program as determined by the board, or have received
training equivalent to such degree as may be determined by the
board; and
(ii) Have at least two years of supervised professional
experience in counseling of such a nature as is designated by the
board after earning a master's degree or equivalent; or
(B)(i) Have earned a doctorate degree in an accredited counseling program or in a field closely related to an accredited
counseling program as determined by the board, or have received
training equivalent to such degree as may be determined by the
board; and
(ii) Have at least one year of supervised professional
experience in counseling of such a nature as is designated by the
board after earning a doctorate degree or equivalent;
(6) Have passed a standardized national certification
examination in counseling approved by the board;
(7) Not have been convicted of a felony or crime involving
moral turpitude under the laws of any jurisdiction:
(A) If the applicant has never been convicted of a felony or
a crime involving moral turpitude, the applicant shall submit
letters of recommendation from three persons not related to the
applicant and a sworn statement from the applicant stating that he
or she has never been convicted of a felony or a crime involving
moral turpitude; or
(B) If the applicant has been convicted of a felony or a crime
involving moral turpitude, it is a rebuttable presumption that the
applicant is unfit for licensure unless he or she submits competent
evidence of sufficient rehabilitation and present fitness to
perform the duties of a licensed professional counselor as may be
established by the production of:
(i) Documentary evidence including a copy of the relevant release or discharge order, evidence showing compliance with all
conditions of probation or parole, evidence showing that at least
one year has elapsed since release or discharge without subsequent
conviction, and letters of reference from three persons who have
been in contact with the applicant since his or her release or
discharge; and
(ii) Any collateral evidence and testimony as may be requested
by the board which shows the nature and seriousness of the crime,
the circumstances relative to the crime or crimes committed and any
mitigating circumstances or social conditions surrounding the crime
or crimes and any other evidence necessary for the board to judge
present fitness for licensure or whether licensure will enhance the
likelihood that the applicant will commit the same or similar
offenses;
(8) Not be an alcohol or drug abuser as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code: Provided, That an applicant who has had at least two
continuous years of uninterrupted sobriety in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in a twelve-step program or other similar group or
process, may be considered; and
(9) Has fulfilled any other requirement specified by the
board.
(b) A person who holds a license or other authorization to practice counseling issued by another state, the qualifications for
which license or other authorization are determined by the board to
be at least substantially equivalent to the license requirements in
this article, is eligible for licensure. Any person authorized to
practice professional counseling in another jurisdiction who has
practiced professional counseling for a minimum of five years and
who is not currently facing, nor has been subject to, disciplinary
action by a licensure board during the preceding five years shall
be granted licensure in this state to practice professional
counseling.
(c) A person seeking licensure under the provisions of this
section shall submit an application on a form prescribed by the
board and pay all applicable fees.
(d) A person who has been continually licensed under this
article since 1987, pursuant to prior enactments permitting waiver
of certain examination and other requirements, is eligible for
renewal under the provisions of this article.
(e) A license to practice professional counseling issued by
the board prior to July 1, 2009, shall for all purposes be
considered a license issued under this article: Provided, That a
person holding a license issued prior to July 1, 2009, must renew
the license pursuant to the provisions of this article.
§30-31-9. Requirements for a license to practice marriage and
family therapy.
(a) To be eligible for a license to practice marriage and
family therapy, an applicant must:
(1) Be of good moral character;
(2) Be at least eighteen years of age;
(3) Be a citizen of the United States or be eligible for
employment in the United States;
(4) Pay the applicable fee;
(5)(A)(i) Have earned a master's degree in marriage and family
therapy from a program accredited by the Commission on
Accreditation for Marriage and Family Therapy Education, the
Council for Accreditation of Counseling and Related Education
Programs, or a comparable accrediting body as approved by the
board, or in a field closely related to an accredited marriage and
family therapy program as determined by the board, or have received
training equivalent to such degree as may be determined by the
board; and
(ii) Have at least two years of supervised professional
experience in marriage and family therapy of such a nature as is
designated by the board after earning a master's degree or
equivalent; or
(B) (i) Have earned a doctorate degree in marriage and family
therapy from a program accredited by the Commission on
Accreditation for Marriage and Family Therapy Education, the
Council for Accreditation of Counseling and Related Education Programs, or a comparable accrediting body as approved by the
board, or in a field closely related to an accredited marriage and
family therapy program as determined by the board, or have received
training equivalent to such degree as may be determined by the
board; and
(ii) Have at least one year of supervised professional
experience in marriage and family therapy of such a nature as is
designated by the board after earning a doctorate degree or
equivalent;
(6) Have passed a standardized national certification
examination in marriage and family therapy as approved by the
board;
(7) Not have been convicted of a felony or crime involving
moral turpitude under the laws of any jurisdiction:
(A) If the applicant has never been convicted of a felony or
a crime involving moral turpitude, the applicant shall submit
letters of recommendation from three persons not related to the
applicant and a sworn statement from the applicant stating that he
or she has never been convicted of a felony or a crime involving
moral turpitude; or
(B) If the applicant has been convicted of a felony or a crime
involving moral turpitude, it is a rebuttable presumption that the
applicant is unfit for licensure unless he or she submits competent
evidence of sufficient rehabilitation and present fitness to perform the duties of a person licensed to practice marriage and
family therapy as may be established by the production of:
(i) Documentary evidence including a copy of the relevant
release or discharge order, evidence showing compliance with all
conditions of probation or parole, evidence showing that at least
one year has elapsed since release or discharge without subsequent
conviction, and letters of reference from three persons who have
been in contact with the applicant since his or her release or
discharge; and
(ii) Any collateral evidence and testimony as may be requested
by the board which shows the nature and seriousness of the crime,
the circumstances relative to the crime or crimes committed and any
mitigating circumstances or social conditions surrounding the crime
or crimes, and any other evidence necessary for the board to judge
present fitness for licensure or whether licensure will enhance the
likelihood that the applicant will commit the same or similar
offenses;
(8) Not be an alcohol or drug abuser as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code: Provided, That an applicant who has had at least two
continuous years of uninterrupted sobriety in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in a twelve-step program or other similar group or
process, may be considered; and
(9) Has fulfilled any other requirement specified by the
board.
(b) A person who holds a license or other authorization to
practice marriage and family therapy issued by another state, the
qualifications for which license or other authorization are
determined by the board to be at least substantially equivalent to
the license requirements in this article, is eligible for
licensure. Any person authorized to practice as a marriage and
family therapist in another jurisdiction who has practiced as a
marriage and family therapist for a minimum of five years and who
is not currently facing, nor has been subject to, disciplinary
action by a licensure board during the preceding five years shall
be granted licensure in this state to practice as a marriage and
family therapist.
(c) A person seeking licensure under the provisions of this
section shall submit an application on a form prescribed by the
board and pay all applicable fees.
(d) A person who is licensed for five years as of July 1, 2010
and has substantially similar qualifications as required by
subdivision (1), (2), (3), (4), (5)(A)(i) or (5)(B)(i), (7) and (8)
of subsection (a) of this section is eligible for a license to
practice marriage and family therapy until July 1, 2012, and is
eligible for renewal under section ten.
NOTE: The purpose of this bill is to permit reciprocity for psychologists, social workers, professional counselors and marriage
and family therapists. The bill grants those professionals
licensure to practice in the state provided certain conditions are
met.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§30-30-30 is new; therefore, it has been completely
underscored.