H. B. 3123
(By Delegates Hatfield, Mahan, Frazier,
Hartman, Marshall, Canterbury, Moore
[Introduced February 14, 2011; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §30-21-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §49-7-36, all relating to encouraging the use of telemedicine, telepsychology and video conferencing in order to make child welfare system more effective and efficient; defining telepsychology and specifying it is considered to be practicing psychology for licensing requirements.
Be it enacted by the Legislature of West Virginia:
That §30-21-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §49-7-36, all to read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.
§30-21-3. License required; firms, associations and corporations engaging in the practice of psychology.
(a)(1) No person shall may engage in, offer to engage in, or hold himself or herself out to the public as being engaged in, the practice of psychology in this state, nor shall may any person use in connection with any trade, business, profession or occupation, except in those instances specifically excluded from the definition of the practice of psychology by subparagraphs (1), (2), (3), (4) and (6), subdivision (e), section two of this article, the word "psychologist," "psychology," "psychological" or any other title, word or abbreviation which induces or tends to induce the belief that such the person is qualified to engage or is engaged in the practice of psychology, unless and until he or she shall has first obtain obtained a license or temporary permit to engage in the practice of psychology in accordance with the provisions of this article, which license or temporary permit remains unexpired, unsuspended and unrevoked: Provided, That such the license or temporary permit shall is not be required for an individual who is the holder of a school psychology certificate or permit issued by the West Virginia Department of Education and who is engaged in the practice of school psychology solely within the scope of employment as a school board employee: Provided, however, That no such license or temporary permit shall be is required for a psychologist who is not a resident of this state, who is the holder of a license or certificate to engage in the practice of psychology issued by a state with licensing or certification requirements determined by the board to be at least as great as those provided in this article, who has no regular place of practice in this state and who engages in the practice of psychology in this state for a period of not more than ten days in any calendar year.
(2)(A) A person engaged in the practice of telepsychology is considered to be engaged in the practice of psychology within this state and is subject to the licensure requirements of this article.
(B) As used in this section, the term "practice of telepsychology" means the use of electronic information and communication technologies to provide psychological services when distance separates participants and includes one or both of the following:
(i) The diagnosis or evaluation of a patient within this state by a psychologist located outside this state as a result of the transmission of individual patient data, specimens or other material by electronic or other means from within this state to the psychologist or his or her agent; or
(ii) The rendering of treatment or counseling to a patient within this state by a psychologist located outside this state as a result of transmission of individual patient data, specimens or other material by electronic or other means from within this state to the psychologist or his or her agent.
(b) No firm, association or corporation shall may, except through a licensee or licensees, render any service or engage in any activity which if rendered or engaged in by any individual would constitute the practice of psychology.
CHAPTER 49. CHILD WELFARE.
ARTICLE 7. GENERAL PROVISIONS.
§49-7-36. Use of telemedicine, telepsychology, and video conferencing in order to make child welfare system more effective and efficient.
The Department of Health and Human Resources, the court system, multidisciplinary teams and any other persons or entities involved in or participating in any child welfare activity contemplated under this chapter shall, to the extent available and practical, use telemedicine, telepsychology, video conferencing and other means of remote video communication to facilitate the effective and efficient functioning of the child welfare system.
NOTE: The purpose of this bill is to encourage the use of telemedicine, telepsychology and video conferencing in order to make the child welfare system more effective and efficient. The bill also defines telepsychology and specifies it is considered to be practicing psychology for licensing requirements.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.