
H. B. 4569

(By Delegate Perdue (By Request))

[Introduced February 17, 2000; referred to the

Committee on Government Organization then Finance.]
A BILL to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-one-a,
relating to marriage and family therapists; requiring the
licensure of certain individuals who hold themselves out to be
marriage and family therapists in the state of West Virginia;
providing definitions; providing exemptions; creating a
marriage and family therapy licensing board; prescribing the
membership, duties and powers of the board; and providing for
the issuance and revocation of licenses; fixing penalties for
violations.
Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article twenty-one-a, to read as follows:
ARTICLE 21A. MARRIAGE AND FAMILY THERAPY LICENSURE ACT.
§30-21A-1. Short title.
This article shall be known and may be cited as the "Marriage
and Family Therapy Licensure Act."
§30-21A-2. Statement of purpose.
(a) Marriage and family therapy in the state of West Virginia
is declared to be a distinct professional practice within the
mental health field.
(b) It is the purpose of this article to establish a
regulatory agency, a structure and procedures which will ensure
that the public is protected from unprofessional, improper,
unauthorized and unqualified practice of marriage and family
therapy. This article shall be liberally construed to carry out
these policies and purposes.
§30-21A-3. Definitions.
As used in this article:
(a) "Board" means the West Virginia board of examiners in
marriage and family therapy;
(b) "Licensed marriage and family therapist" means a person to
whom a license has been issued pursuant to the provisions of this
article, which license is in force and not suspended or revoked as
of the particular time in question;
(c) "LMFT" is the abbreviation for "licensed marriage and
family therapist";
(d) "Mental health procedure" means engaging in methods and
techniques which include, but are not limited to:
(1) "Counseling," "psychotherapy" and "therapy," are
synonymous terms which mean assisting clients through the
counseling relationship, using a combination of mental health,
psychotherapy and human development principles, methods and
techniques, to achieve mental, emotional, physical, social,
relational, interpersonal, familial, moral, spiritual, educational
or career development and adjustment through the life span, but
shall not include religious instruction;
(2) "Appraisal," "evaluation and "assessment," are synonymous
terms which mean selecting, administering, scoring and interpreting
instruments designed to assess an individual's attitudes,
abilities, achievements, interests, relationships, and personal
characteristics and the use of methods and techniques for understanding human behavior in relation to coping with, adapting
to or changing life situations;
(3) "Consulting" means the application of scientific
principles and procedures in counseling and human development to
provide assistance in understanding and solving current or
potential problems that the client may have in relation to a third
party, be it an individual, group or an organization;
(4) "Research" means systematic efforts to collect, evaluate,
interpret and apply procedures related to improving the
understanding and delivery of counseling services to clients;
(5) "Prevention" means the application of scientific
principles and procedures aimed at preventing the development of
nervous, emotional, or mental disorders, or marital or relational
problems.
(e) "Client" and "consumer" are synonymous terms which mean
any individual, family or other group receiving services from a
LMFT.
(f) "Practice of marriage and family therapy" means the
rendering of professional marital and family therapy services and
treatment to individuals, family groups, couples and marital pairs,
singly or in groups. Marital and family therapy includes, but is not limited to, the diagnosis and treatment, including
psychotherapy, of nervous, emotional, and mental disorders, whether
cognitive, affective or behavioral, within the context of marital
and family systems. Marital and family therapy involves the
professional application of psychotherapeutic and family systems
theories and techniques in the delivery of services to individuals,
couples, marital pairs and families for the purpose of treating
diagnosed nervous, emotional and mental disorders.
(g) "Use of title or description of" means to hold oneself out
to the public as having a particular status by means of stating on
signs, mailboxes, address plates, stationery, announcements,
calling cards or other instruments of professional identification.
(h) "Advertise" means, but is not limited to, the issuing or
causing to be distributed any card, sign or device to any person,
or causing, permitting or allowing any sign or marking on or in any
building, radio or television, or by advertising by any other means
to secure public attention.
(i) "Recognized educational institution," means any
educational institution which grants bachelor's, master's or
doctoral degrees and which is recognized by the board and by a
regionally recognized educational body, or a postgraduate training institute accredited by the commission on accreditation for
marriage and family therapy education (COAMFTE).
(j) "Qualified supervision," means the supervision of clinical
services in accordance with the standards established by the board
by an individual who has been recognized by the board as an
approved supervisor.
(k) "Temporary licensed marriage and family therapist,"
(TLMFT), means any person who has been granted a temporary license
pursuant to the provisions of this article, which license is in
force and not suspended or revoked as of the particular time in
question.
(l) "AAMFT" means the American association of marriage and
family therapy.
§30-21A-4. Exemptions.
A person shall be exempt from the requirements of this
article:
(a) If the person is practicing marriage and family therapy as
part of their duties as an employee of:
(1) A recognized academic institution, or a federal, state,
county or local governmental institution or agency while performing
those duties for which they were employed by an institution, agency or facility;
(2) An organization which is nonprofit and which is determined
by the board to meet community needs while performing those duties
for which they were employed by an agency;
(3) If the person is a marriage and family therapy intern or
person preparing for the practice of marriage and family therapy
under qualified supervision in a training institution or facility
or supervisory arrangement recognized and approved by the board,
provided they are designated by the title as "marriage and family
therapy intern," or "family therapy intern," or other title clearly
indicating such training status;
(4) If the person is a rabbi, priest, pastor, minister, other
clergy or any person acting as a lay religious counselor of any
religious denomination or sect provided the activities and services
are within the scope of the performance of regular or specialized
ministerial duties, the counseling is clearly identified as being
based on religious principles, the person rendering the service
clearly identifies their training for providing the service and
there is no fee for services rendered by said clergy. This
paragraph does not preclude acceptance of donations into the
congregational treasury.
(b) Nothing in this article shall be construed to prevent
qualified members of other professional groups as defined by West
Virginia statute, including, but not necessarily limited to,
clinical social workers, psychologists, licensed professional
counselors or psychiatrists from doing work of a marriage and
family therapy nature consistent with the accepted standards of
their respected professions: Provided, That no person shall use a
title or description stating or implying that they are licensed as
a marriage and family therapist.
§30-21A-5. Board of examiners in marriage and family therapy.
(a) There is hereby established as an agency of the state of
West Virginia the "West Virginia Board of Examiners in Marriage and
Family Therapy":
(1) This board shall be composed of six members, to be
appointed in a manner consistent with section six of this article;
(2) Of the first board members appointed, three shall serve
for four years, three shall serve for three years. Their
successors shall be appointed for terms of four years each;
(3) Upon the expiration of their term of office, a board
member shall continue to serve until a successor is appointed and
been qualified;
(4) The board shall elect a chairman who will serve as
chairman for a term of three years. One month before the
expiration of the chairman's term, the board will elect a
successor. The chairman's duties shall include, but are not
limited to, calling and presiding over regular and special board
meetings;
(5) The board shall elect a secretary who will serve as
secretary for two years. One month before the expiration of the
secretary's term the board will elect a successor. The secretary's
duties include, but are not limited to, taking minutes of board
meetings and maintaining records of board actions, activities,
licenses issued and applications filed;
(6) The board shall elect a treasurer who will serve as
treasurer for two years. One month before the expiration of the
treasurer's term the board will elect a successor. The treasurer's
duties include, but are not limited to, maintaining financial
records and accounts for the board;
(7) The governor may remove any board member or board officer
from the board or their position as officer for neglect of duty,
malfeasance or conviction of a felony or crime of moral turpitude
while in office, but for no other reason;
(8) However, no member may be thus removed until after a
public hearing of the charges against him or her and at least
thirty days prior written notice to such accused member of the
charges against her or him and of the date fixed for such hearing;
(9) No board member shall participate in any matter before the
board in which they have a pecuniary interest, personal bias or
other similar conflict of interest.
(b) Board members shall serve without compensation but shall
be paid mileage reimbursement and other actual and necessary
expenses as allowed to employees of the state of West Virginia when
engaged in performing their duties as members of the board.
(c) Four members shall constitute a quorum of the board.
(d) The principle office of the board shall be in Charleston,
West Virginia, but the board may act and exercise all of its powers
at any other place.
(e) The board shall have an official seal which is affixed to
each license issued.
§30-21A-6. Appointment and qualification of board members.
(a) The governor shall appoint six members of the board from
among candidates who meet the following qualifications if they are
appointed by the thirty-first day of December, two thousand one:
(1) At least five board members must be clinical members of
AAMFT and practicing marriage and family therapy; each shall have
been engaged in the practice of marriage and family therapy for at
least five years before becoming a board member; each shall be a
resident of the state of West Virginia;
(2) At least one board member shall be a representative of the
general public who has no direct affiliation with the practice of
marriage and family therapy or another mental health profession and
must be a resident of the state of West Virginia.
(b) After the thirty-first day of December, two thousand one,
new appointees by the governor to the board must meet the following
qualifications:
(1) At least five board members must be LMFTs and practicing
marriage and family therapy; each shall have been engaged in the
practice of marriage and family therapy for at least five years
before becoming a board member; each shall be a resident of the
state of West Virginia;
(2) At least one board member shall be a representative of the
general public who has no direct affiliation with the practice of
marriage and family therapy or another mental health profession and
must be a resident of the state of West Virginia.
(c) The governor shall appoint the first board members to be
appointed under this article within thirty days of enactment. The
governor shall nominate a new member to fill a vacancy on the board
within thirty days of the vacancy.
(d) The appointment of any board member shall terminate within
seven days after the date the member is no longer a resident of the
state of West Virginia.
(e) Each appointee to the board shall, upon accepting
appointment to the board, take and subscribe to the oath or
affirmation prescribed by law and file the same in the office of
the secretary of state.
(f) If before the expiration of their term any member shall
die, resign, become disqualified or otherwise cease to be a board
member, the vacancy shall be filled by the governor by appointment
for the remainder of the unexpired term.
(g) The governor may request nominations for board members
from the West Virginia association of marriage and family therapy
board of directors.
§30-21A-7. Powers and duties of the board; rules; meetings; fees.
(a) The board shall adopt rules not inconsistent with this
article or the laws of the state of West Virginia that are reasonable and necessary to administer this article. The rules
shall be adapted in accordance with administrative procedures of
the state of West Virginia.
(b) The board shall meet not later than thirty days after the
governor has appointed its members. The board shall elect a
chairman, secretary and treasurer during the first meeting.
(c) The board shall hold at least one regular meeting every
three months, or four regular meetings in a calendar year until two
years after the effective date of this article. After two years
the board shall hold at least one regular meeting every six months
or at least two regular meetings in a calendar year.
(d) The board shall conduct hearings on complaints concerning
violations of this article and rules adopted pursuant to this
article. The initial inquiry may be conducted by a subcommittee,
appointed by the board, composed of LMFTs which will make
recommendations to the board for action.
(e) The board may authorize expenditures considered necessary
to carry out the provisions of this article from the fees which it
collects and other available appropriations, but in no event shall
expenditures exceed the revenues of the board during any fiscal
year.
(f) The board may, in its own name, proceed in any court of
competent jurisdiction to enjoin and restrain any unlicensed person
from violating this article and may similarly act to bring suit to
prevent or remedy any other violation of this article or of the
rules adopted pursuant to this article. The board shall be
represented in all actions by the attorney general of the state of
West Virginia or private counsel may be secured with the approval
of the attorney general.
(g) No member of the board is liable for any act performed in
good faith for the performance of the duties set forth in this
article and the rules established pursuant to this article.
(h) The board may charge an application fee and fees for
examination, licensing, renewal and other services provided by the
board in amounts established by the board.
§30-21A-8. Licensure application.
Each person desiring to obtain a license as a practicing
marriage and family therapist shall make application thereof to the
board upon a form and in a manner as the board shall prescribe and
shall furnish evidence satisfactory to the board that they:
(a) Are of good moral character;
(b) Have not and are not engaged in any practice or conduct which would be grounds for refusing or revoking a license under the
provisions of this article and the rules established pursuant to
this article;
(c) Is qualified for licensure pursuant to the requirements of
this article and the rules established by the board pursuant to
this article.
§30-21A-9. Requirements for licensure.
(a) All individuals who apply for licensure as a marriage and
family therapist must meet the following qualifications:
(1) The individual applying for licensure must sign a
statement that they have read and agree to comply with the AAMFT
code of ethics which is current at the time of making the
application, and agreeing to read and comply with all future
editions of the AAMFT code of ethics;
(2) Posses a masters degree or higher in marriage and family
therapy or closely related field from a regionally accredited
educational institution;
(3) Be at least twenty-one years of age on the date of filing
the application for licensure as a marriage and family therapist;
(4) Be a resident of West Virginia or practice marriage and
family therapy within the state of West Virginia;
(5) Meet the requirements for either track under section nine
of this article.
(b) Any individual making application for licensure as a
marriage and family therapist on or before the thirty-first day of
December, two thousand one, must meet all the qualifications listed
under one of the following tracks:
(1) Track 1: Provide proof of clinical membership in the
AAMFT;
(2) Track 2: Provide proof of graduation with a master's
degree or doctorate degree from a COAMFTE accredited educational
program, provide proof of one hundred hours of face-to-face
supervision after completion of the masters or doctorate degree,
and provide proof of five hundred hours of face-to-face client
contact after completion of the masters or doctorate degree;
(3) Track 3: Provide proof of graduation with a master's
degree in marriage and family therapy or closely related field with
an emphasis in marriage, family and couples therapy from a college
or university within the state of West Virginia and provide
documentation of at least one year and two hundred hours of
face-to-face family systems focused supervision and at least one
year and two thousand face-to-face client contact hours;
(4) Track 4:
(A) Possess a masters degree or higher in marriage and family
therapy or closely related field;
(B) Completed at least nine graduate and/or doctoral level
semester hours in marriage and family therapy as defined by the
AAMFT;
(C) Completed at least nine graduate and/or doctoral level
semester hours in marriage and family studies, as defined by the
AAMFT;
(D) Completed at least nine graduate and/or doctoral level
semester hours in human development as defined by the AAMFT;
(E) Completed at least three graduate and/or doctorate level
semester hours in mental health ethics;
(F) Completed at least three graduate and/or doctorate level
semester hours in marriage and family therapy or mental health
research;
(G) Completed at least three graduate and/or doctoral level
semester hours of practicum or internship or completed three
hundred hours of supervised face-to-face client contact hours after
completion of a masters degree or higher;
(H) For the purpose of this track, four quarter hours are equal to three semester hours;
(I) After completion of requirements (A) through (G) of this
track are met the applicant must have completed at least one year
and two hundred face-to-face hours of family systems focused
supervision. At least one hundred of these hours must be
individual supervision as defined by the AAMFT;
(J) After completion of requirements (A) through (G) of this
track the applicant must have completed at least one year and two
thousand hours of face-to-face client contact.
(c) Anyone making application for licensure as a marriage and
family therapist on or after first day of January, two thousand
two, must meet the requirements for one of the following tracks:
(1) Track 1: Provide proof of clinical membership in the
AAMFT and provide proof a passing score on a marriage and family
therapy licensing exam approved by the board;
(2) Track 2: Provide proof of graduation with a masters
degree or doctorate degree from a COAMFTE accredited educational
program; and:
(A) Provide proof of completion of one hundred hours in not
less than one year of face-to-face supervision by an approved
supervisor as defined by this article;
(B) Provide proof of completion of at least one thousand hours
in not less than one year of face-to-face client contact;
(C) Provide proof of a passing grade on a marriage and family
therapy licensure exam approved by the board.
(3) Track 3:
(A) Possess a masters degree or higher in marriage and family
therapy or closely related field;
(B) Completed at least nine graduate and/or doctoral level
semester hours in marriage and family therapy as defined by the
AAMFT;
(C) Completed at least nine graduate and/or doctoral level
semester hours in marriage and family studies, as defined by the
AAMFT;
(D) Completed at least nine graduate and/or doctoral level
semester hours in human development as defined by the AAMFT;
(E) Completed at least three graduate and/or doctorate level
semester hours in mental health ethics, including the AAMFT code of
ethics;
(F) Completed at least three graduate and/or doctorate level
semester hours in marriage and family therapy or mental health
research;
(G) Completed at least three graduate and/or doctoral level
semester hours of practicum or internship or completed three
hundred hours of supervised face-to-face client contact hours after
completion of a masters degree or higher;
(H) For the purpose of this track, four quarter hours are
equal to three semester hours;
(I) After completion of requirements (A) through (G) of this
track are met the applicant must have completed at least two years
and two hundred face-to-face hours of supervision by a supervisor
approved by this article. At least one hundred of these hours must
be individual supervision as defined by the AAMFT;
(J) After completion of requirements (A) through (G) of this
track the applicant must have completed at least two years and two
thousand hours of face-to-face client contact;
(K) Provide proof of a passing grade on a marriage and family
therapy licensing exam approved by the board.
§30-21A-10. Renewal of license and continuing education.
(a) Persons licensed under section nine of this article shall
submit biennially the appropriate license renewal fee at the time
specified by the board.

(b) The renewal request shall be accompanied by evidence satisfactory to the board of compliance with this article and
participation in continuing education activities as established by
the rules of the board.
§30-21A-11. Temporary licensure.

(a) On or after the first day of January, two thousand two,
individuals may apply for temporary licensure as a marriage and
family therapist (TLMFT) once they meet the following requirements:

(1) Track 1: Provide proof of clinical membership in AAMFT.
The TLMFT under this track may be held for two years or until the
applicant provides proof of a passing grade on a licensure exam
approved by the board and becomes a LMFT, whichever comes first;

(2) Track 2: Provide proof of graduation with a masters
degree or doctoral degree from a COAMFTE accredited program. The
TLMFT under this track may be held for two two-year terms or until
the requirements for the LMFT under subsection (c), section nine of
this article have been completed, whichever comes first. Renewal
for the second and third term is granted when the applicant
provides proof to the board of progress towards completing the
requirements for the LMFT;

(3) Track 3: Provide proof of completion of the educational
components of Track 3 under subsection (c), section nine of this article. The TLMFT under this track may be held for three two-year
terms or until the requirements for the LMFT under subsection (c),
section nine of this article have been completed. Renewal for the
second and third terms is granted when the applicant provides proof
to the board of progress towards completing the requirements for
the LMFT.

(b) Temporary licensure is only in effect as long as the
applicant remains in supervision approved by the board.
§30-21A-12. Reciprocity.

The board may issue a LMFT by endorsement to engage in the
practice of marriage and family therapy and treatment to any
applicant who has a license or certificate in marriage and family
therapy in good standing with no formal complaints or sanctions
under the laws of another jurisdiction if the applicant presents
proof satisfactory to the board that, at the time of application
for a West Virginia LMFT by endorsement the applicant possesses
credentials and qualifications equivalent to those required under
subsection (c), section nine of this article as determined by the
board. The board shall promulgate rules setting forth the manner
in which credentials will be reviewed by the board.
§30-21A-13. Examination.

(a) Beginning in the year, two thousand two, the board shall
conduct an examination at least once a year at a time and place
designated by the board.

(b) Examination may be written or oral or a combination of
both written and oral as determined by the board. In any written
examination each applicant shall be designated so that their name
shall not be disclosed to the board until the examinations have
been graded.

(c) Examinations shall include questions in such theoretical
and applied fields as the board considers most suitable to test the
applicant's knowledge and competence to engage in the practice of
marriage and family therapy.

(d) An applicant shall be held to have passed an examination
upon affirmative vote of at least four members of the board or upon
achieving at least a minimum score as established by the board.
§30-21A-14. Prohibited acts; penalties.
(a) Upon passage of this article, no person shall:







(1) Engage in the practice of marriage and family therapy, or
hold themselves out to the public as a marriage and family
therapist unless licensed to so practice under the provisions of
this article;







(2) Engage in the private practice of marriage and family
therapy unless holding the West Virginia LMFT;







(3) Advertise as a marriage and family therapist unless
licensed to so practice under the provisions of this article;







(4) Use a title such as "marital, marriage or couple
therapist, counselor, advisor or consultants," "marital, marriage
or couple and family therapist, counselor, advisor or consultant,"
or any other name title, style or description denoting that the
person is a marriage, couple and/or family therapist, unless
licensed as a LMFT or TLMFT under the provisions of section nine of
this article.

(b) The board may refuse to renew, or may deny, suspend,
revoke or otherwise restrict licensure under this article for any
of the following causes:

(1) Conviction of a felony or misdemeanor involving moral
turpitude, including pleas of guilty, nolo contendere, no contest
and afford pleas. A certified copy of the conviction shall be
conclusive evidence of the conviction;

(2) Renting or lending the license issued pursuant to this
article to any person planning to use that license;

(3) Unprofessional or unethical conduct. A certified copy of an AAMFT ethics violation shall serve as proof of unethical
conduct, unless the ethical code is in conflict with the laws of
the state of West Virginia;

(4) Gross incompetence and malpractice;

(5) Mental incompetency;

(6) Knowingly submitting false or misleading information to
the board in any application for examination or licensure;

(7) Habitual intemperate use of alcohol or a controlled
substance;

(8) Willful violation of any provisions of this article;

(9) Sexual exploitation of a patient, defined as:

(A) Any verbal behavior by a licensee under this article which
involves offers of exchange of professional services for some form
of sexual gratification; or

(B) Unlawful, unprofessional or unethical sexual contact with
a client.

(10) Conviction of a sexual offense, physical assault of
another person, or other criminal aggressive act toward another
person. This includes, but is not limited to, pleas of guilty,
nolo contendere, no contest and afford pleas;

(11) Failure to make timely application for licensure, renewal thereof or to meet the continuing education requirements prior to
the license expiration date.

(c) Proceedings under this section may be taken by the board
from matters within its knowledge or upon information from another.
If the informant is a member of the board, the other members of the
board shall judge the accused. All complaints shall be in writing,
verified by some party familiar with the facts alleged, and shall
be filed with the board. Upon receiving the complaint the board,
if it considers the complaint sufficient shall proceed in a manner
consistent with the laws of the state of West Virginia and the
rules established by the board. Upon revocation of any license the
fact shall be noted upon the records of the board and the license
shall be marked canceled upon the date of its revocation.

(d) Persons violating this article are guilty of a misdemeanor
punishable by a fine of not more than seven hundred fifty dollars,
by imprisonment for not more than six months, or both. A third or
subsequent conviction for violation of this article during a
thirty-six month period shall constitute a felony punishable by
imprisonment for not more than two years, a fine of not more than
two thousand dollars, or both. Each violation shall constitute a
separate offense.

(e) The board may seek an injunction in the district court to
enjoin any person from violating this article.
§30-21A-15. Protection of the public; professional disclosure.

(a) Any individual licensed under this article is required to
conspicuously display a professional disclosure statement at their
place of business or at the principal location where services are
performed and to provide a copy of the statement to each adult
client, or in the case of a minor to the minor's parent or
guardian.

(b) The professional disclosure statement shall contain the
licensee's name, title, business address, specific degrees
received, licensure status including listing of all professional
licenses currently held, statement of confidentiality, statement
that the AAMFT code of ethics will be followed, statement that
sexual intimacy with a client is never appropriate, the address and
phone number of the board which can be used in filing a complaint,
and a statement that the disclosure statement is required by the
marriage and family therapy licensure act.

(c) The disclosure statement should also include a listing of
areas of specialization, major course or courses of study, and fees
for service. The board shall establish rules for the definition of areas of specialization.
§30-21A-16. Scope of practice.

(a) LMFTs and TLMFTs engage in the rendering of professional
marital and family therapy services and treatment to individuals,
family groups, couples and marital pairs, singly or in groups.
Marital and family therapy includes, but is not limited to, the
diagnosis and treatment, including psychotherapy, of nervous,
emotional, and mental disorders, whether cognitive, affective or
behavioral, within the context of marital and family systems.
Marital and family therapy involves the professional application of
psychotherapeutic and family systems theories and techniques in the
delivery of services to individuals, couples, marital pairs and
families for the purpose of treating diagnosed nervous, emotional
and mental disorders.

(b) LMFTs and TLMFTs engage in the rendering of mental health
counseling procedures which include, but are not limited to,
psychotherapy, evaluation, consulting, research, and prevention.

(c) Nothing in this article shall be construed as limiting a
LMFT from performing services for which they have received training
and/or possess expertise by virtue of experience.
§30-21A-17. Confidentiality and privileged communications.

(a) No person licensed under this article as a marriage and
family therapist, nor any of their employees or associates shall be
required to disclose any information which they have acquired in
rendering marriage and family therapy services, except in the
following circumstances:

(1) As mandated by law;

(2) To prevent clear and immediate danger to a person or
persons;

(3) Where the therapist is a defendant in a civil, criminal,
or disciplinary action arising from the therapy, in which case
client confidences may be disclosed only in the course of that
action;

(4) If there is a waiver previously obtained in writing and
then this information may be revealed only in accordance with the
terms of the waiver. In circumstances where more than one person
in a family receives therapy conjointly, each family member who is
legally competent to execute a waiver must agree to the waiver
referred to in this subsection, evidenced by their signature on the
waiver. Without a waiver from each family member legally competent
to execute a waiver, a therapist cannot disclose information
received from any family member;

(5) Where there is a duty to warn under the laws of the state
of West Virginia.

(b) There shall be no monetary liability on the part of, and
no cause of action shall arise against any person who is a LMFT or
TLMFT in disclosing privileged communication under the exceptions
of this section.

(c) Any individual licensed under this article is understood
to be a mandated reporter of physical, sexual, mental/emotional
abuse and neglect under the mandated reporting laws of the state of
West Virginia.
§30-21A-18. Testimony in divorce, alimony, and custody
evaluations.
(a) No therapist, whether licensed under this article, shall
provide expert testimony in custody actions unless both parents are
evaluated by face-to-face contact and review of the case
information by the therapist providing the expert testimony.
(b) If both parties to a marriage have obtained marriage and
family therapy by a LMFT or TLMFT, the LMFT or TLMFT shall not be
competent to testify in an alimony or divorce action concerning
information acquired in the course of the therapeutic relationship,
except under the following conditions:
(1) When the LMFT or TLMFT has conducted an evaluation only of
both parties to the marriage for the express purpose of providing
expert testimony;
(2) When the LMFT or TLMFT has directly witnessed physical
abuse of one or both parties by the other party.
§30-21A-19. Separability of provisions.
If any provision of this article or application thereof to any
person or circumstance is held invalid, the remainder of this
article shall not be affected thereby.
§30-21A-20. Appropriations.

Pursuant to this article, a one time grant in the amount of
seven thousand five hundred dollars is appropriated to the board to
assist with start-up expenditures.
§30-21A-21. Effective date.

This article becomes effective on the first day of October,
two thousand.



NOTE: The purpose of this bill is to recognize marriage and
family therapy as a distinct professional practice within the
mental health field; and to authorize that profession to establish
regulations and procedures to protect the general public from
improper conduct within the profession and unqualified practice
from without.



§30-21A is new; therefore, strike-throughs and underscoring
have been omitted.