H. B. 2708

 

                        (By Delegates Skinner, Fleischauer, Reynolds, Sponaugle

                                      Guthrie, Folk, Pushkin and McCuskey)

                        [Introduced February 12, 2015; referred to the

                        Committee on Health and Human Resources then the Judiciary.]

 

 

A BILL to amend and reenact §30-21-7, §30-21-7b and §30-21-7d of the Code of West Virginia, 1931, as amended; to amend and reenact §30-30-8, §30-30-10, §30-30-12 and §30-30-14 of said code; and to amend and reenact §30-31-8 and §30-31-9 of said code, all relating to professions and occupations; requiring various professionals who provide mental health-related services, including psychologists, licensed school psychologists, marriage and family therapists, professional clinical counselors and clinical social workers who begin graduate study on or after January 1, 2016 to complete a minimum number of fifteen contact hours of course work in suicide assessment, treatment and management before that person may be issued a license; and requiring a person licensed in these professions or an applicant for licensure who begins graduated study prior to January 1, 2016, to take a six hour continuing education course in suicide assessment, treatment and management in order to renew that person's license.

Be it enacted by the Legislature of West Virginia:

            That §30-21-7, §30-21-7b and §30-21-7d of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §30-30-8, §30-30-10, §30-30-12 and §30-30-14 of said code be amended and reenacted; 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:

            (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 the 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.

            (8) Any applicant who begins graduate study on or after January 1, 2016, shall complete as a condition of licensure a minimum of fifteen contact hours of course work in suicide assessment, treatment and management. A licensee or applicant for licensure who begins graduate study prior to January 1, 2016, shall complete a six-hour continuing education course in best practices for suicide assessment, treatment and management. The board may not issue a license until the applicant or licensee has met the requirements of this subdivision.

            (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 the 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.

            (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 the license is made within six months after the effective date of this article and if such the 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 the time (subject to the time limitation set forth in subsection (c) of this section), in such the 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.

§30-21-7b. Eligibility for licensed school psychologist.

            To meet minimum requirements for this license the applicant must:

            (1) Have obtained a valid certificate of school psychology granted by the State Superintendent of Schools, have obtained a certificate of advanced study in school psychology and obtained a master's degree in school psychology from a board-approved institution of higher education, or have received equivalent training as determined by the board;

            (2) Have completed at least three academic years of supervised experience in school psychology which includes a one year post degree internship or externship towards completion of the requirements for a certificate of advance study in school psychology or similar designation approved by the board: Provided, That such the supervised experience shall include at least one face to face meeting between the supervisor and supervisee per month.

            (3) Have passed a standardized national examination in school psychology promulgated by the National Association of School Psychologists or other similar organizations and approved as a standardized testing vehicle for school psychologists by the board;

            (4) Have passed an oral examination conducted by the board; and

            (5) Complete appropriate application and other forms, provide evidence of credentials, and pay appropriate fees as determined by the board; and

            (6) Any applicant who begins graduate study on or after January 1, 2016, shall complete as a condition of licensure a minimum of fifteen contact hours of course work in suicide assessment, treatment and management. The board may not issue a license until the applicant or licensee has met the requirements of this subdivision.

§30-21-7d. Eligibility for current school psychologist.

            (1) Any person who holds a current certificate of advanced study and has the equivalent of three academic years experience in school psychology or any licensed psychologist who has been approved by the state Department of Education on the effective date of this section shall may not be required to comply with the provisions of section seven-b, article twenty-one, chapter thirty of this code. Such Those persons shall submit appropriate documentation of credentials to the board, application form, and pay an application fee: Provided, That such the applicants pass an oral exam given by the board of psychology.

            (2) Such Persons seeking eligibility as a licensed school psychologist independent practitioner must meet the provisions of section seven-b of this article, must have completed the equivalency of two years supervised experience and shall complete an oral examination before the board, submit required documentation, pay appropriate fees and complete additional supervision and training requirements as determined by the board. Applicants seeking eligibility pursuant to this section must make application on or before July 1, 1992.

            (3) A licensee or applicant for licensure who begins graduate study prior to January 1, 2016, shall complete a six-hour continuing education course in best practices for suicide assessment, treatment and management. The board may not issue a license until the applicant or licensee has met the requirements of this subdivision.

ARTICLE 30. SOCIAL WORKERS.

§30-30-8. License to practice as an independent clinical social worker.

            To be eligible for a license to practice as an independent clinical social worker, the applicant must:

            (1) Submit an application to the board;

            (2) Be at least eighteen years of age;

            (3) Be of good moral character;

            (4) Have obtained a master's degree from a school of social work accredited by the council on social work education that included a concentration of clinically oriented course work as defined by the board;

            (5) Have completed a supervised clinical field placement at the graduate level, or post-master's clinical training that is found by the board to be equivalent;

            (6) Have practiced clinical social work for at least two years in full-time employment, or three thousand hours under the supervision of an independent clinical social worker, or clinical supervision that is found by the board to be equivalent;

            (7) Have passed an examination approved by the board;

            (8) Have satisfied the board that he or she merits the public trust by providing the board with three letters of recommendation from persons not related to the applicant;

            (9) 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 in an active recovery process, which may, in the discretion of the board, be evidenced by participation in an acknowledged substance abuse treatment and/or recovery program may be considered; 

            (10) Not have been convicted of a felony in any jurisdiction within five years preceding the date of application for license which conviction remains unreversed;

            (11) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of social work, which conviction remains unreversed; and

            (12) Any applicant who begins graduate study on or after January 1, 2016, shall complete as a condition of licensure a minimum of fifteen contact hours of course work in suicide assessment, treatment and management. A licensee or applicant for licensure who begins graduate study prior to January 1, 2016, shall complete a six-hour continuing education course in best practices for suicide assessment, treatment and management. The board may not issue a license until the applicant or licensee has met the requirements of this subdivision.

            (12) (13) Meet any other requirements established by the board.

§30-30-10. License to practice as a certified social worker.

            (a) To be eligible for a license to practice as certified social worker, the applicant must:

            (1) Submit an application to the board;

            (2) Be at least eighteen years of age;

            (3) Be of good moral character;

            (4) Have obtained a master's degree from a school of social work accredited by the council on social work education;

            (5) Have practiced social work for at least two-years post-master's experience in full-time employment or earned three thousand hours of post-masters social work experience;

            (6) Have passed an examination approved by the board;

            (7) Have satisfied the board that he or she merits the public trust by providing the board with three letters of recommendation from persons not related to the applicant;

            (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 in an active recovery process, which may, in the discretion of the board, be evidenced by participation in an acknowledged substance abuse treatment and/or recovery program may be considered;

            (9) Not have been convicted of a felony in any jurisdiction within five years preceding the date of application for license which conviction remains unreversed;

            (10) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of social work, which conviction remains unreversed; and

            (11) Any applicant who begins graduate study on or after January 1, 2016, shall complete as a condition of licensure a minimum of fifteen contact hours of course work in suicide assessment, treatment and management. A licensee or applicant for licensure who begins graduate study prior to January 1, 2016, shall complete a six-hour continuing education course in best practices for suicide assessment, treatment and management. The board may not issue a license until the applicant or licensee has met the requirements of this subdivision; and

            (11) (12) Meet other additional requirements as established by the board.

            (b) A certified social worker may engage in the practice of clinical social work, if that certified social worker has:

            (1) Obtained a master's degree from a school of social work accredited by the council on social work education that included a concentration of clinically oriented course work as defined by the board;

            (2) Has completed a supervised clinical field placement at the graduate level, or post-master's clinical training that is found by the board to be equivalent;

            (3) Has contracted, in writing, with a licensed clinical social worker who shall assume responsibility for and supervise the certified social worker's practice as directed by the board by promulgation of legislative rules;

            (4) Is an employee of an institution or organization in which the certified social worker has no direct or indirect interest other than employment.

            (c) A certified social worker may not practice clinical social work until his or her contract has been approved by the board, and shall cease the practice of clinical social work immediately upon the termination of the contract. At the termination of the contract, the certified social worker shall apply for licensure as a licensed clinical social worker or request an extension of the contract from the board.

§30-30-12. License to practice as a licensed graduate social worker.

            (a) To be eligible for a license to practice as a graduate social worker, the applicant must:

            (1) Submit an application to the board;

            (2) Be at least eighteen years of age;

            (3) Be of good moral character;

            (4) Have obtained a master's degree from a school of social work accredited by the council on social work education;

            (5) Have passed an examination approved by the board;

'           (6) Have satisfied the board that he or she merits the public trust by providing the board with three letters of recommendation from persons not related to the applicant;

            (7) 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 in an active recovery process, which may, in the discretion of the board, be evidenced by participation in an acknowledged substance abuse treatment and/or recovery program may be considered;

            (8) Not have been convicted of a felony in any jurisdiction within five years preceding the date of application for license which conviction remains unreversed;

            (9) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of social work, which conviction remains unreversed; and

            (10) Any applicant who begins graduate study on or after January 1, 2016, shall complete as a condition of licensure a minimum of fifteen contact hours of course work in suicide assessment, treatment and management. A licensee or applicant for licensure who begins graduate study prior to January 1, 2016, shall complete a six-hour continuing education course in best practices for suicide assessment, treatment and management. The board may not issue a license until the applicant or licensee has met the requirements of this subdivision; and

            (10) (11) Meet any other requirements established by the board.

            (b) A licensed graduate social worker may engage in the practice of clinical social work, if he or she has:

            (1) Obtained a master's degree from a school of social work accredited by the council on social work education that included a concentration of clinically oriented course work as defined by the board;

            (2) Has completed a supervised clinical field placement at the graduate level, or post-master's clinical training that is found by the board to be equivalent;

            (3) Has contracted, in writing, with a licensed clinical social worker who shall assume responsibility for and supervise the certified social worker's practice as directed by the board by promulgation of legislative rules;

            (4) Be employed by an institution or organization in which the graduate social worker has no direct or indirect interest other than employment.

            (c) A graduate social worker may not practice clinical social work until this contract has been approved by the board, and shall cease the practice of clinical social work immediately upon the termination of the contract. At the termination of the contract, the graduate social worker shall apply for licensure as a licensed independent clinical social worker or request an extension of the contract from the board.

§30-30-14. License to practice as a social worker.

            To be eligible for a license to practice as a social worker, the applicant must:

            (1) Submit an application to the board;

            (2) Be at least eighteen years of age;

            (3) Be of good moral character;

            (4) Have a baccalaureate degree in social work from a program accredited by the council on social work education;

            (5) Have passed an examination approved by the board;

            (6) Have satisfied the board that he or she merits the public trust by providing the board with three letters of recommendation from persons not related to the applicant;

            (7) 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 in an active recovery process, which may, in the discretion of the board, be evidenced by participation in an acknowledged substance abuse treatment and/or recovery program may be considered; 

            (8) Not have been convicted of a felony in any jurisdiction within five years preceding the date of application for license which conviction remains unreversed;

            (9) Not have been convicted of a misdemeanor or felony in any jurisdiction if the offense for which he or she was convicted related to the practice of social work, which conviction remains unreversed; and

            (10) Any applicant who begins graduate study on or after January 1, 2016, shall complete as a condition of licensure a minimum of fifteen contact hours of course work in suicide assessment, treatment and management. A licensee or applicant for licensure who begins graduate study prior to January 1, 2016, shall complete a six-hour continuing education course in best practices for suicide assessment, treatment and management. The board may not issue a license until the applicant or licensee has met the requirements of this subdivision; and

            (10) (11) Meet any other requirements established by the board.

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) Any applicant who begins graduate study on or after January 1, 2016, shall complete as a condition of licensure a minimum of fifteen contact hours of course work in suicide assessment, treatment and management. A licensee or applicant for licensure who begins graduate study prior to January 1, 2016, shall complete a six-hour continuing education course in best practices for suicide assessment, treatment and management. The board may not issue a license until the applicant or licensee has met the requirements of this subdivision; and

            (9) (10) 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.

            (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) Any applicant who begins graduate study on or after January 1, 2016, shall complete as a condition of licensure a minimum of fifteen contact hours of course work in suicide assessment, treatment and management. A licensee or applicant for licensure who begins graduate study prior to January 1, 2016, shall complete a six-hour continuing education course in best practices for suicide assessment, treatment and management. The board may not issue a license until the applicant or licensee has met the requirements of this subdivision; and

            (9) (10) 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.

            (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 require various professionals who provide mental health-related services, including psychologists, licensed school psychologists, marriage and family therapists, professional clinical counselors and clinical social workers who begin graduate study on or after January 1, 2016 to complete a minimum number of fifteen contact hours of course work in suicide assessment, treatment and management before that person may be issued a license. The bill also requires a person licensed in these professions or an applicant for licensure who begins graduated study prior to January 1, 2016, to take a six hour continuing education course in suicide assessment, treatment and management in order to renew that person's license.

 

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