H. B. 4795
(By Delegates Beane and Ennis)
[Introduced February 24, 2006; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §30-31-5 of the Code of West Virginia,
1931, as amended, relating to the board of examiners in
counseling generally; providing for criminal background checks
on licensees; and providing for the assessment of a fee for
the background check.
Be it enacted by the Legislature of West Virginia:
That §30-31-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.
§30-31-5. Powers and duties of board; disposition of board
funds.
(a) In addition to the duties set forth elsewhere in this
article, the board shall:
(1) Issue, renew, deny, suspend or revoke licenses to engage
in the practice of counseling and place a licensed counselor on probation in accordance with the provisions of this article and, in
accordance with the administrative procedures hereinafter provided,
may review, affirm, reverse, vacate or modify its order with
respect to any such denial, suspension or revocation;
(2) Promulgate reasonable rules pursuant to article three,
chapter twenty-nine-a of this code, implementing the provisions of
this article and the powers and duties conferred upon the board
hereby including, but not limited to, rules setting forth:
(A) Any and all specific master's and doctoral degree programs
considered to be equivalent to a master's or doctoral degree
program in counseling for purposes of licensure under subdivision
(4), subsection (a), section seven of this article;
(B) The nature of supervised professional experience approved
by the board for the purposes of licensure under subdivision (4),
subsection (a), section seven of this article;
(C) A code of ethics for licensed counselors patterned after
the codes of ethics of related professional groups;
(D) Forms for license applications and license renewal
applications; and
(E) A reasonable and appropriate schedule of fees;
(3) Keep accurate and complete records of its proceedings,
certify the same as may be appropriate and submit an annual report
to the Governor and the Legislature in such form as the Governor
may require;
(4) Adopt an official seal to be affixed to all licenses
issued by the board;
(5) Appoint an examiner to determine the eligibility of
applicants for a license to engage in the practice of counseling;
(6) Employ, direct, discharge and define the duties of any and
all professional, clerical or other personnel necessary to
effectuate the provisions of this article;
(7) Take any other actions as may be reasonably necessary to
effectuate the provisions of this article; and
(8) Accept gifts, grants and donations from any source for the
purposes of or incidental to this article; and
(9) Conduct criminal background checks through the Federal
Bureau of Investigation on all persons licensed under the
provisions of this article: Provided, That the board may assess a
fee as necessary to cover the cost of the criminal background
check.
(b) All moneys paid to the board shall be accepted by a person
designated by the board and deposited by him or her with the
treasurer of the state and credited to an account to be known as
the "Board of Examiners in Counseling Fund." The compensation and
expenses of members of the board and all other costs and expenses
incurred by the board in the administration of this article shall
be paid from the fund, and no part of the state's General Revenue
Fund may be expended for such purpose.
NOTE: The purpose of this bill is to require the board of
examiners in counseling to do background checks on licensees
through the FBI. The bill allows the board the authority to assess
a fee for the background check.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.