H. B. 4593
(By Delegates Morgan, Eldridge, Swartzmiller,
Martin and Schoen)
[Introduced February 18, 2008; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §30-31-3 of the Code of West Virginia,
1931, as amended, relating to exempting people who hold a
masters or a doctorate degree in marriage and family therapy
from professional licensing as a counselor.
Be it enacted by the Legislature of West Virginia:
That §30-31-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.
§30-31-3. Activities exempted; persons exempted from licensing;
limitations on licensed professional counselors.
(a) Nothing in this article applies to the following
activities:
(1) Teaching, lecturing or engaging in research in counseling
so long as such activities do not otherwise involve the practice of
counseling directly affecting the welfare of the person counseled;
(2) The official duties of persons employed as counselors by
the State of West Virginia, any of its departments, agencies,
divisions, bureaus, political subdivisions, counties, county boards
of education, regional education service agencies, municipalities
or any other facilities or programs established, supported or
funded, in whole or in part, by any such governmental entity;
(3) The official duties of persons employed as counselors by
any department, agency, division or bureau of the United States of
America;
(4) The official duties of persons serving as counselors,
whether as volunteers or for compensation or other personal gain,
in any public or private nonprofit corporations, organizations,
associations or charities;
(5) The official duties of persons who are employed by a
licensed professional counselor, whose duties are supervised by a
licensed professional counselor and who represent themselves by a
title such as "counselor trainee," "counselor intern,""counselor
assistant" or other reasonable facsimile of such title, and do not
represent themselves as licensed professional counselors as defined
by section two of this article;
(6) The activities of a student of counseling which are part
of the prescribed course of study at an accredited educational
institution and are supervised by a licensed professional counselor
or by a teacher, instructor or professor of counseling acting within the official duties or scope of activities exempted by this
section; or
(7) The activities and services of qualified members of other
recognized professions such as physicians, psychologists,
psychoanalysts, social workers, lawyers, nurses, teachers and
clergymen performing counseling consistent with the laws of this
state, their training and any code of ethics of their professions
so long as such persons do not represent themselves as licensed
professional counselors as defined by section two of this article.
(b) Nothing in the article requires licensing of the following
persons pursuant to this article:
(1) A school counselor who holds a school counseling
certificate issued by the West Virginia Department of Education and
who is engaged in counseling solely within the scope of his or her
employment with such department, a county board of education or a
regional education service agency; or
(2) A nonresident counselor who holds a license or certificate
to engage in the practice of counseling issued by another state,
the qualifications for which in the opinion of the board are at
least as stringent as those provided in section seven of this
article, and who renders counseling services in this state for no
more than thirty days in any calendar year; or
(3) A person who holds a masters or doctorate degree in
marriage and family therapy.
(c) Nothing in this article permits licensed professional
counselors to administer or prescribe drugs or otherwise engage in
the practice of medicine as defined by this code.
NOTE: The purpose of this bill is to exempt persons with
masters or a doctorate degree in marriage or family therapy from
being licensed.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.