Title 17 W. Va. C.S.R.

Psychologists Psychologists

Series 01 Fees

W. Va. Code R. § 17-1-1 General

1.1. Scope. -- This legislative rule establishes the fees for applications, examinations, temporary permits, license renewals, and registers for psychologists and school psychologists.

1.2. Authority. -- W. Va. Code §30-21-6.

1.3. Filing Date. -- March 31, 2022.

1.4. Effective Date. -- April 1, 2022.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.

W. Va. Code R. § 17-1-2 Summary Of Fees

2.1. Application fee: One hundred twenty dollars ($120.00)

2.2. Temporary permits: Ninety dollars ($90.00). 2.2.1 Ten day temporary permit for eligible psychologists licensed in another state: Ninety dollars ($90.00).

2.3. Licensing Fees:

2.3.1. Biennial Psychologist and Dual License renewal fee for practicing psychologists: Four hundred five dollars ($405.00).

2.3.2. Non-practicing Psychologists, One hundred twenty dollars ($120.00). Licensee must complete continuing education requirements. A letter will be issued.

2.3.3. School psychologists Level 1, triennial renewal fee, One hundred eighty dollars ($180.00).

2.3.4. School Psychologists Independent Practitioners Level 2 triennial renewal fee, Two hundred seventy dollars ($270.00).

2.4. Printed Registers: Twenty five dollars ($25.00).

2.5. Examination fee: The fee for the Examination for Professional Practice in Psychology shall cover the fee established by the Association of State and Provincial Psychology Boards and shall include sixty eight ($68.00) for administrative costs. An applicant for licensure shall pay the fee to the Board with the submission of their test application materials.

2.6. Oral Examination Fees:

2.6.1. Oral examination fee for each new examination: Four hundred five dollars ($405.00).

2.6.2. Continued Oral examination fee: One hundred eighty dollars ($180.00).

2.7. Annual supervision fee: One hundred twenty dollars ($120.00).

2.8. Computerized registers sold to for-profit organizations: Two hundred seventy dollars ($270.00).

2.9. Mailing and handling of application-packet fee: Twenty five dollars ($25.00).

2.10. Reinstatement fee: Ninety dollars ($90.00).

2.11. Continuing Education 2.11.1 Continuing education program, application approval fee, for-profit organizations: One hundred eighty dollars ($180.00) 2.112.2 Continuing education program, application approval fee for non-profit organizations: Forty five dollars ($45.00). 2.11.3 Fee for listing approved continuing education on the Boards webpage: Twenty five dollars ($25.00).

2.12. Duplicate license certificate fee, Forty five dollars ($45.00). 2.13 Formal written verification of license on letterhead to be sent to other state boards, or state agencies: Forty five dollars ($45.00). 2.14 Student gold card fee charged to university departments covering one fiscal year: One hundred eighty dollars ($180.00). 2.15 All fees are nonrefundable.

17CSR1

Series 02 Organization and Procedures of the Board of Examiners of Psychologists

W. Va. Code R. § 17-2-1 General

1.1. Scope. -- These procedural rules establish the organization of meetings, provide rules for creating employees of the Board, and provide information regarding required registers, rosters, and annual reports created by the Board.

1.2. Authority. -- W. Va. Code §§30-21-5, 6(a)(6), 6(a)(7), 7(a)(5), 7(b)(1), 7(b)(2), 7(d), 8 and 9.

1.3. Filing Date. – August 14, 2024

1.4. Effective Date. – September 13, 2024

W. Va. Code R. § 17-2-2 Organization Of Meetings Of The Board

2.1. The Board shall hold its annual meeting each year in the Spring for the purpose of organizing for the following fiscal year.

2.2. All other meetings shall be called as provided for in the West Virginia Code.

2.3. The Board shall elect a President and secretary from its membership for the term of one (1) year, such election to occur at the annual meeting.

2.4. If, at a time that the Board is acting as an unassembled or oral-examination or investigation hearing body, either a member of the Board or an applicant before the Board judges that a member cannot act without partiality, that member of the Board may be excused from acting on that case.

2.5. No major action of the Board involving such matters as changes in the Rules and Regulations or approval or denial of licenses may be taken without the affirmative vote of a majority of the Board.

W. Va. Code R. § 17-2-3 Employees Of The Board

3.1. The Board may employ or contract with an Executive Director to perform duties as set forth by the Board.

3.2. The Board shall employ a Board Administrator who will be an employee of the State, whose job description shall include overseeing and running the Board office, making sure State procedures are being followed, attendance at all meetings of the Board, preparation of formal minutes under the direction of the statutory secretary and furnishing such administrative and clerical assistance as may be required for the proper functioning of the Board.

3.3. As funds permit the Board may employ additional staff as deemed necessary by the Board.

3.4. The Board may, from time to time, on a per diem plus expenses basis, employ persons to function as consultants in such instances where the Board deems it necessary to obtain advice on substantive issues including but not limited to, suspension or revocation of a license for reason of incompetence or malpractice.

W. Va. Code R. § 17-2-4 Registers, Rosters, and Annual Reports

4.1. Register as required by §30-1-12(a). -- On or before January 1 of each year the Board shall prepare a register of all applicants for licensure or certification; showing for each: the date of application, his or her name, age, educational and other qualifications, place of residence, whether an examination was required, whether the applicant was rejected or a license was granted, if required, and any suspension or revocation thereof.

4.2. Roster as required by §30-1-13. -- The Board shall prepare and maintain a complete roster of the names and office addresses of all persons licensed and practicing psychology or school psychology in the state of West Virginia; arranged alphabetically by name and also by the city or county in which their office is situated, as well as the same information on individuals being supervised and their supervisors.

4.3. A charge per copy shall be made to all persons requesting a copy of a register or a roster.

4.4. Annual Report as required by §30-1-12(b). -- On or before the first day of January of each year in which the Legislature meets in regular session, the Board shall submit to the governor and to the Legislature a report of its transactions for the preceding two years, an itemized statement of its receipts and disbursements for that period, a full list of the names of all persons licensed or registered by it during that period (information would include both licensees and supervised-psychologists), statistical reports by county of practice, by specialty if appropriate to the particular profession, and a list of any complaints filed against persons licensed by the board, including any action taken by the Board regarding those complaints. The report shall be certified by the President and the Secretary of the Board, and a copy of the report shall be filed with the Secretary of State and with the Legislative Librarian.

W. Va. Code R. § 17-2-5 Supervision Requirements for Level One School Psychologists. 5.1 Applicants for the Level 1 school psychologist license who have graduated with an Ed.S. Degree, completed an internship prior to earning their degree, and completed two school calendar years of full-time school board school psychologist employment will be required to complete one half of a school calendar year of Board approved supervised school psychology practice, plus additional time until the NASP and oral examinations are successfully passed. All applicants must meet all other school psychology requirements as described within the psychology law and legislative rules

W. Va. Code R. § 17-2-6 Supervision Contracts, Approved Supervisor

6.1. The Board shall create, and update as needed, Supervision Contracts to be completed by the supervisor and supervisee prior to initiating supervision toward licensure. As noted in §17-3-8, Supervisors and their Supervisees shall sign and adhere to the Board’s Supervision Contract, which is based on Legislative Rule, APA Code as included in the Legislative Rules (see §17-3-6), Association of State and Provincial Psychology Boards (ASPPB), and procedures determined by the Board to be fundamental to effective supervision. The Supervision Contract shall be signed and approved by the Board prior to initiation of the Supervised practice.

6.2. To serve as a Board approved supervisor of supervised-psychologists, the psychologist must have completed either 14 hours of training in supervision of psychologists, which must be provided by a psychologist, or have completed a 3-hour graduate course in supervision. To serve as a Board approved supervisor of Level 1 supervised-school-psychologists, the school-psychologist must have completed either 7 hours of training in supervision of school-psychologists or psychologists, which must be provided by a psychologist or school-psychologist or have completed a 3-hour graduate course in supervision. To serve as a Board approved supervisor of Level 2 supervised-school-psychologists, the school-psychologist must have completed either 14 hours of training in supervision of school-psychologists or psychologists, which must be provided by a psychologist or school-psychologist or have completed a 3-hour graduate course in supervision. All supervisors must also be licensed for at least two years prior to becoming an approved supervisor.

6.3. The limit of four supervisees per supervisor is applied to any one-time period.

6.4. Contract conditions will include the name and degrees of the supervisee, supervisor and adjunctive supervisor, the population to be served, where the supervisee will perform services, where supervision will occur, the supervisee’s intended scope of practice with the supervisor and/or adjunctive supervisor, strategies of supervision, information on fees of supervisor(s), effective date, signatures of all parties, dates signed. The current Board Supervision Contracts for Doctoral, Masters, and School Psychologist candidates are as follows:

Supervision Contract Doctoral Degree

Purpose: As required under Title 17, Series 3 of the West Virginia Board of Examiners of Psychologists Legislative Rules, Psychologists and School Psychologists must complete a period of supervision prior to licensure. If that supervision will take place in West Virginia, this contract serves as a written record verifying the agreement between the Supervisor and the Supervisee as approved by the Board of Examiners of Psychologists, hereafter referred to as The Board. It is also intended to clarify roles of the supervisor and supervisee.

Imperative to the purpose of supervision and this contract are the following:

Ensuring the public welfare 2) Promoting learning and readiness for licensure 3) Monitoring and reporting the Supervisee’s progress at regular intervals 4) Fulfilling all requirements of the applicable state codes and regulations in preparation for licensure as a Psychologist or School Psychologist in the State of West Virginia.
Discontinuing, or sanctioning, Supervisors who do not adhere to the rules imposed for the above purposes.

Supervision Requirements:

Supervisors will provide a minimum of 1 hour of individual supervision per 20 hours of the Supervisee’s clinical practice, with a minimum of 1 hour per week regardless of hours spent in practice. Individual supervision sessions must occur no less frequently than every 2 weeks.
In addition to a minimum of 6 hours per month of individual face-to-face supervision for Full Time Supervisees, group supervision and other venues of supervision such as grand rounds, and/or multidisciplinary supervision as delineated in the individual’s supervision contract may constitute 2 hours per month of the total supervision experience.
Individual supervision is in person, face-to-face, unless express permission to do otherwise for a minimal portion of the supervision hours is granted by Board majority and is documented in this contract. Video conferencing may be a Board approved alternative for face-to-face supervision. At least once per quarter, one of the required individual face-to-face sessions shall occur at the location(s) where the Supervisee is providing services. Furthermore, supervision sessions do not occur in a public setting.
The Supervisee will be a W-2 employee of the Supervisor or the agency for which the Supervisee works. Only psychologists licensed for independent practice may provide independent services on a contract basis.
The Supervisee practices under the Supervisor. The Supervisor maintains legal and ethical responsibility for the Supervisee’s actions and practice. Appropriate professional liability insurance coverage must be in place.
The Supervisee must sign all work with the designation “Supervised Psychologist”.
The Supervisor is available to the Supervisee via phone or in person during the hours of supervisee practice.
Arrangements will be specified between the Supervisor and Supervisee for supervisory coverage during times when the supervisor is unavailable. These arrangements will also meet the legal and ethical requirements already agreed to in the contract.
The Supervisee must practice only within certain herein specified areas in which the Supervisor is deemed competent to supervise.
When the Supervisee plans to practice outside the Supervisor’s approved scope of practice, competent adjunctive supervision must be arranged in advance, Board approved, and included in this contract or an approved addendum to this contract.
The Supervisor will maintain familiarity with the Supervisee’s clients’ presenting concerns, treatment plans, treatment progress, and treatment termination plan.
The Supervisor will intervene appropriately when client welfare is at risk. Meeting as co-therapists, meeting face to face, and other interventions may be appropriate at times.
In addition to thorough review and co-signing of written work (e.g. notes, reports, or other written statements or documents), there must be sufficient observation of the Supervisee’s work, whether in vivo or via recorded material, to enable the Supervisor to provide accurate assessment of the Supervisee’s performance.
The Supervisor will provide timely and constructive feedback to the Supervisee. The Supervisor subsequently reassesses the work of the Supervisee in a reasonable time frame to make certain that the Supervisee is incorporating the feedback into practice.
Formal written evaluations of Supervisee performance will be completed by the Supervisor and reviewed and signed by both parties at least quarterly during the period of supervision and submitted to the Board on the quarterly report. However, ongoing verbal feedback to the supervisee is also expected.
The Supervisor will maintain and submit to the Board, if requested a supervision log including, but not necessarily limited to, content of supervision sessions, training activities, and evaluation procedures and results. The supervision log, in written format approved by the Board, is to be co-signed by both Supervisor and Supervisee.
Supervision sessions will include discussion of areas of concern, conflict, and/or failure of either party to abide by agreements and directives delineated in this supervision contract. If concerns cannot be resolved within the supervision process, either or both parties will contact the Board for assistance.
Any Supervisor of record during the 12 months prior to the Supervisee’s oral examination will be available for telephone consultation with the Board at the time of the Supervisee’s initial oral examination. If continuation of Supervision is required, the Supervisor agrees to attend the Supervisee’s subsequent Oral Exam by the Board. In addition, the Board may require the supervisor to meet the Board based upon any concerns that the Board may have at any time.
Clinical supervision shall not include any potentially problematic multiple relationships between the Supervisor and Supervisee. Any type of business relationship outside the parameters stated in this Supervision Contract is strictly prohibited between the Supervisor and Supervisee. Other potentially problematic relationships include, but are not limited to, therapeutic, familial, and financial.
Supervisor and Supervisee understand and agree that sexual and/or romantic relationships between the two parties are always unethical and should never occur.
Supervision will not be limited to case discussion. Supervisors will employ a variety of strategies such as observation, reading assignments, or co-therapy.
Both parties will maintain current knowledge of HIPAA and other pertinent legal, ethical, and regulatory guidelines and responsibilities.
In case of emergency, Supervisee will contact Supervisor at locations specified herein.
If applicable, fees for supervision shall be paid as designated in this contract.
Either party can terminate this contract at any time, and both Supervisor and Supervisee will notify the Board in writing within ten (10) days of any such termination. In such case, both parties are responsible for making certain the supervisee’s patients receive appropriate referrals so that any potential negative impact to treatment is held to a minimum.

Supervision Contract Master’s Degree

Purpose: As required under Title 17, Series 3 of the West Virginia Board of Examiners of Psychologists Legislative Rules, Psychologists and School Psychologists must complete a period of supervision prior to licensure. This contract serves as a written record verifying the agreement between the Supervisor and the Supervisee as approved by the Board of Examiners of Psychologists, hereafter referred to as The Board. It is also intended to clarify roles of the supervisor and supervisee.

Imperative to the purpose of supervision and this contract are the following:

Ensuring the public welfare 2) Promoting learning and readiness for licensure 3) Monitoring and reporting the Supervisee’s progress at regular intervals 4) Fulfilling all requirements of the applicable state codes and regulations in preparation for licensure as a Psychologist in the State of West Virginia.
Discontinuing, or sanctioning, Supervisors who do not adhere to the rules imposed for the above purposes.

Supervision Requirements:

During the five-year supervision period, a Supervisee must have at least two Supervisors. One Supervisor is designated as primary and the other as adjunct. They may supervise jointly or at different periods during the supervision period. The Board accepts supervision via a secure videoconference site. The Supervisee must inform the Board of the mechanism of supervision and if joint supervision occurs during a supervisory period, both Supervisors must sign the supervision log.

Supervisors will provide a minimum of 1 hour of individual supervision per 20 hours of the Supervisee’s clinical practice, with a minimum of 1 hour per week regardless of hours spent in practice. Individual supervision sessions must occur no less frequently than every 2 weeks.

In addition to a minimum of 6 hours per month of individual face-to-face supervision for full time supervisees, group supervision, and/or multidisciplinary supervision as delineated in the individual’s supervision contract may constitute 2 hours per month of the total supervision experience.

Individual supervision is in person, face-to-face, unless express permission to do otherwise for a minimal portion of the supervision hours is granted by the Board and is documented in this contract. Video conferencing may be a Board approved alternative for face-to-face supervision. At least once per quarter, one of the required individual face-to-face sessions shall occur at the location(s) where the Supervisee is providing services. Furthermore, supervision sessions do not occur in a public setting.

The Supervisee may be a W-2 employee of the Supervisor or agency for which the Supervisee works. Only psychologists licensed for independent practice may provide services on a contract basis. Weekly individual meetings between the Supervisor and Supervisee are required even when they work at different sites. The Supervisor shall be available to the Supervisee by phone or in person during the work day.

The Supervisee practices under the Supervisor. The Supervisor maintains legal and ethical responsibility for the Supervisee’s actions and practice. Appropriate professional liability insurance coverage must be in place.

The Supervisee must sign all work with the designation “Supervised Psychologist”.

The Supervisor is available to the supervisee via phone or in person during the hours of supervisee practice.

Arrangements will be specified between the Supervisor and Supervisee for supervisory coverage during times when the Supervisor is unavailable.

The Supervisee must practice only within certain herein specified areas in which the Supervisor is deemed competent to supervise.

When the Supervisee plans to practice outside the Supervisor’s approved scope of practice, competent adjunctive supervision must be arranged in advance, Board approved, and included in this contract or an approved addendum to this contract.

The Supervisor will maintain familiarity with the Supervisee’s clients’ presenting concerns, treatment plans, treatment progress, and treatment termination plan.

The Supervisor will intervene appropriately when client welfare is at risk.

In addition to thorough review and co-signing of written work (e.g. notes, reports, or other written statements or documents), there must be sufficient observation of the Supervisee’s work, whether in vivo or via recorded material, to enable the Supervisor to provide accurate assessment of the Supervisee’s performance.

The Supervisor will provide timely and constructive feedback to the Supervisee. The Supervisor subsequently reassesses the work of the Supervisee in a reasonable time frame to make certain that the Supervisee is incorporating the feedback into practice.

Written evaluations of Supervisee performance will be completed by the Supervisor and reviewed and signed by both parties at least quarterly during the period of supervision and submitted to the Board on the quarterly report. However, ongoing verbal feedback to the supervisee is also expected.

The Supervisor will maintain and submit to the board, if requested, a supervision log including but not necessarily limited to, content of supervision sessions, training activities, and evaluation procedures and results. The Supervision log, in written format approved by the Board, is to be co-signed by both Supervisor(s) and supervisee.

Supervision sessions will include discussion of areas of concern, conflict, and/or failure of either party to abide by agreements and directives delineated in this supervision contract. If concerns cannot be resolved within the supervision process, either or both parties will contact the Board for assistance.

Any Supervisor of record during the 12 months prior to the Supervisee’s oral examination will be available for telephone consultation with the Board at the time of the Supervisee’s initial oral examination. If continuation of supervision is required, the Supervisor agrees to attend the Supervisee’s subsequent oral examination by the Board.

Clinical supervision shall not include any potentially problematic multiple relationships between the Supervisor and Supervisees. Any type of business relationship outside the parameters stated in this Supervision Contract is strictly prohibited between the Supervisor(s) and the Supervisee. Other potentially problematic relationships include, but are not limited to, therapeutic, familial, and financial.

Supervisor and Supervisee understand and agree that sexual and/or romantic relationships between the two parties are always unethical and should never occur.

Supervision will not be limited to case discussion. Supervisors will employ a variety of strategies such as observation, reading assignments, or co-therapy.

Both parties will maintain current knowledge of HIPAA and other pertinent legal, ethical and regulatory guidelines and responsibilities.

In case of emergency, Supervisees will contact Supervisor at locations specified herein.

If applicable, fees for supervision shall be paid as designated in this contract.

Either party can terminate this contract at any time, and both Supervisor(s) and Supervisees will notify the Board in writing within ten (10) days of any such termination. In such case, both parties are responsible for making certain the Supervisee’s patients receive appropriate referrals so that any potential negative impact to treatment is held to a minimum.

Supervision Contract School Psychologist Degree

Purpose: As required under Title 17, Series 3 of the West Virginia Board of Examiners of Psychologists Legislative Rules, Psychologists and School Psychologists must complete a period of supervision prior to licensure. This contract serves as a written record verifying the agreement between the Supervisor and the Supervisee as approved by the Board of Examiners of Psychologists, hereafter referred to as The Board. It is also intended to clarify roles of the supervisor and supervisee.

Imperative to the purpose of supervision and this contract are the following:

Ensuring the public welfare 2) Promoting learning and readiness for licensure 3) Monitoring and reporting the Supervisee’s progress at regular intervals 4) Fulfilling all requirements of the applicable state codes and regulations in preparation for licensure as a School Psychologist in the State of West Virginia.
Discontinuing, or sanctioning, Supervisors who do not adhere to the rules imposed for the above purposes.

Supervision Requirements:

Supervisees requiring multiple years of supervision will have at a minimum two different supervisors to provide guidance and monitor their work. The supervision may occur concurrently or sequentially.

The Supervisee may be a W-2 employee of the Supervisor or agency for which the Supervisee works. Only psychologists licensed for independent practice may provide services on a contract basis.

The Supervisor will co-sign all reports if the Supervisee is a contractor with the school board. Supervisors do not need to sign Supervisees’ reports if Supervisees are full-time employees of a local school board, yet the reports shall be logged in the Supervisor’s log. If the Supervisee works in a private practice setting, all psychological work must be co-signed by the Supervisor. Regardless of employment status, all work by Supervisees shall be signed as “Supervised School Psychologist” and be reviewed by the Supervisor.

Arrangements will be specified between the Supervisor and Supervisee for supervisory coverage during times when the Supervisor is unavailable.

The Supervisee must practice only within certain herein specified areas in which the Supervisor is deemed competent to supervise. Supervision of Level 1 School Psychologists shall include all aspects of school psychology professional practice. These aspects include but are not limited to evaluations, consultations, ethics, crisis intervention, counseling, record keeping and professional development. Level II supervision should include this and other topics deemed appropriate by the Supervisor.

The Supervisor will maintain familiarity with the Supervisee’s clients’ presenting concerns, treatment plans, treatment progress, and treatment termination plan.

The Supervisor will intervene appropriately when client welfare is at risk.

Supervisor and Supervisee understand and agree that sexual and/or romantic relationships between the two parties are always unethical and should never occur.

Supervision will not be limited to case discussion. Supervisors will employ a variety of strategies such as observation, reading assignments, or co-therapy.

Both parties will maintain current knowledge of HIPAA and other pertinent legal, ethical and regulatory guidelines and responsibilities.

In case of emergency, Supervisees will contact Supervisor at locations specified herein.

If applicable, fees for supervision shall be paid as designated in this contract.

Series 03 Requirements for Licensure as a Psychologist and/or a School Psychologist

W. Va. Code R. § 17-3-1 General

1.1. Scope. -- These legislative rules define the rules of practice for licensed psychologists and/or school psychologists including professional ethics, responsibilities, and psychological services. These legislative rules also define degree and training requirements, the application process, examinations, notifications, temporary permits, supervision, Continuing Education (CE), and renewals.

1.2. Authority. -- W. Va. Code §30-21-6.

1.3. Filing Date. – May 4, 2026

1.4. Effective Date. – May 4, 2026

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 17-3-2 Requirements of Graduate Degree Granting Institutions

2.1. A degree is in psychology if the applicant took the course of study in a department of psychology, a department of educational psychology, a department of education and psychology, or in a university department with the official designation containing the word "psychology" or "psychological." Clinical Psychology or Counseling Psychology core graduate level coursework required to be considered as a potential candidate for independent licensure as a psychologist includes, but is not limited to, all of the following content: clinical interviewing, diagnosis making, treatment planning, psychopathology, biological bases of behavior, ethics, psychotherapy, clinical practicum, clinical internship, cognitive assessment, and psychopathology/personality assessment, psychometrics, and tests and measures. This core content is deemed by the Board to be fundamental to the practice of psychology as defined in WV Code § 30-21-2.

2.2. The term “accredited institute of higher learning” is defined as colleges or universities that are accredited by one of the six nationally recognized regional accrediting agencies (North Central Association of Colleges and Schools, Western Association of Schools and Colleges, Southern Association of Colleges and Schools, New England Association of Schools and Colleges, Northwest Association of Schools and Colleges, Middle States Association of Schools and Colleges), or their successor associations. The Board reserves the right to investigate the credentials of any university in order to evaluate an applicant's training.

W. Va. Code R. § 17-3-3 Masters Level Training Requirements

3.1. W. Va. Code §30-21-7 requires that master's level applicants hold a "master's degree in psychology." For this degree to be adequate, the program of study shall include a minimum of 50 semester hours of graduate credit. Coursework shall be clearly identified by title and course content as being psychological in nature. On-campus and online master’s degrees shall be in “clinical psychology” or “counseling psychology” and include the course work content requirements delineated in §17-3-2.1 and universities must be accredited as denoted in §17-3-2.2. Practicum and internships shall be in-person and face to face.

W. Va. Code R. § 17-3-4 Doctoral Level Training Requirements

4.1. W. Va. Code §30-21-7 requires that doctoral level applicants possess a doctor of philosophy degree (Ph.D.), or the equivalent. The Psy.D. is determined to be equivalent to the Ph.D. The Board or its Committee shall evaluate all equivalency applications. It is the responsibility of equivalency applicants to prove equivalency. The Board may not automatically grant equivalency status. Applications based on an equivalent degree may require more time to process because of the need to obtain more information.

4.2. At least half of the doctoral courses completed for credit beyond the masters degree, for those with an equivalency application, shall be clearly identified by title and course content as being psychological in nature, and must have been taught by an individual with a graduate degree in psychology. The Board may interpret a specific course to be psychological in nature even though it is not labeled as a psychology course. The Board shall render this opinion if it believes that the course is psychological in content and has been taught by an individual with a graduate degree in psychology.

4.3. The doctoral degree course study in psychology shall include a pre-doctoral or post-doctoral internship approved by the American Psychological Association or its equivalent. The Board shall require an applicant who has not completed such an internship to have an additional year of Board-approved supervision beyond the required one year.

4.4. An acceptable formal one-year internship or its equivalent shall meet all the following criteria:

4.4.a. The internship shall be an organized training program, in contrast to supervised experience or on-the-job training, designed to provide the intern with a planned, programmed sequence of training experiences;

4.4.b. Its primary purpose shall be to assure breadth and quality of training;

4.4.c. There shall be a clearly designated licensed psychologist responsible for the integrity and quality of the internship program;

4.4.d. Internship supervision shall be provided by a staff member of the internship agency; the staff member is clinically responsible for the cases being supervised;

4.4.e. At least three quarters (75%) of the internship supervision shall be provided by two (2) or more psychologists;

4.4.f. The internship shall provide training in a range of assessment, consultation and treatment activities conducted directly with patients, agencies, or organizations seeking psychological services;

4.4.g. At least fifty percent (50%) of the intern's time shall involve direct contact with clients, agencies, or organizations seeking psychological services (minimum 500 hours);

4.4.h. The internship shall include a minimum of two (2) hours per week (40-hour work week) of regularly scheduled, formal, face-to-face, individual supervision with the specific intent of dealing with psychological services rendered directly by the intern;

4.4.i. The intern shall participate at least two (2) additional hours per week in learning activities such as case conferences, seminars, co-therapy, group supervision, and additional individual supervision;

4.4.j. The internship experience, shall be full time based on APA standards, and shall be completed within twenty-four (24) months, although the Board may waive this requirement under exceptional circumstances. 4.5 When the degree held is a doctorate in philosophy or its equivalent, and the individual has completed at least 1,800 hours in a predoctoral internship, the individual may apply to the BOE to waive the year of supervision. The individual must supply documentation of his/her predoctoral internship. If working in the state of WV, the individual must identify a board approved supervisor and be supervised until the EPPP and oral examination is successfully passed. Individuals who have a doctorate in philosophy or its equivalent and have not completed 1,800 hours of predoctoral internship need to complete one year of Board-approved supervision. Applicants who have not completed an internship are required to have an additional year of Board-approved supervision beyond the required one year.

W. Va. Code R. § 17-3-5 Adequacy of Supervised Experience

5.1. To meet the requirement of acceptable supervised experience, the supervised-psychologist shall be involved in the "practice of psychology," as defined in W. Va. Code §30-21-2 and shall perform competently at a professional level in order for the experience to be considered satisfactory in scope and quality. The Board shall not accept experience limited to essentially repetitious and routine tasks at the pre-professional level, e.g., administering and scoring structured tests, computing statistics by hand or machine, or assisting an instructor in psychology courses. Satisfactory professional experience includes tasks which depend upon the application of skills, concepts and principles made available during the applicant's formal professional education, e.g., administering and interpreting unstructured psychological tests; the psychological evaluation, prevention, and improvement of adjustment problems of individuals and groups; providing clients or patients assistance in solving their professional or personal problems; and other activities outlined in W. Va. Code §30-21-2. For the purposes of this rule, the supervised professionally oriented teaching, supervising and research activities of applicants who are full time, university clinical faculty members may apply toward the required hours of supervised work experience. However, these hours for teaching, supervising, and research activities shall not exceed 50% of the total hours required for acceptable supervised experience. This acceptable experience shall be performed under the supervision of a licensed psychologist. The supervising psychologist shall be competent in the area of psychology in which the supervised-psychologist is engaged. The supervision shall be conducted according to the ethical standards described in Section 6 of this rule.

5.2. The term "year" is defined as twelve (12) average work months, including leaves for vacation with pay, during which the supervised-psychologist is engaged in employment on a full-time per week basis. In the case of full-time employment, the work schedule of the employing agency, clinic, institution or organization shall be accepted by the Board as meeting the requirement. In the case of part-time employment, the Board shall extend credit for such periods of employment on a prorated basis, in such a manner that the number of hours actually worked per week shall be divided by forty (40), and the resulting fraction shall be applied to the number of months of employment to determine the number of months credited to the supervised-psychologist; for example, a supervised-psychologist employed for sixteen (16) months, who worked twenty (20) hours per week would be given credit for eight (8) months of experience. 5.3 W. Va. Code §30-21-7a(4) specifies that masters degree applicants shall earn five (5) years of post-graduate Board-approved supervised experience. A minimum of two (2) approved supervising psychologists are required, either simultaneously or separately during the five years of supervision.

5.4. When the applicant holds a Ph.D. or the equivalent, W. Va. Code §30-21-7(a)(4) requires at least one year of Board-approved supervised experience. If all requirements have been met for a degree and the only reason that awarding of the degree has been delayed is that the university's scheduled time for conferring degrees is one (1) or more months later, and if the applicant has begun work which meets the standards described in subsection 5.1 and 5.2 of this rule, the Board may count the work experience from the time that all requirements of the degree were met. In those cases the Board shall request verification from the university's or college's department chairperson or program advisor.

5.5. Independent private practice does not meet the requirements for supervised experience. Independent means private practice wherein the psychologist does not maintain regular consultative relationships, or does not require supervision, in regard to the management of his or her case load.

W. Va. Code R. § 17-3-6 Professional Ethics

6.1. By rule, the Board promulgates the West Virginia Board of Examiners of Psychologists Code of Ethics (WVBEP Code of Ethics). All licensed psychologists, licensed school psychologists, supervised psychologists and supervised school psychologists shall meet the requirements of this code of ethics. In addition to the APA Code of Ethics, School-Psychologists are also bound by the National Association of School Psychologists Principles for Professional Ethics, and its provision shall have the same effect as if they were specifically promulgated rules of the Board.

W. Va. Code R. § 17-3-7 Responsibilities Of Licensees

7.1. Licensees are responsible for familiarizing themselves with the provisions of W. Va. Code §30-21 and Title 17, Series 6 for practicing psychology in accordance with the law and this rule.

7.2. The licensee shall conspicuously display the license at his or her principal place of practice.

7.3. The licensee is responsible for keeping the Board informed of any changes in names, address, place of employment, types of psychological activities or any other pertinent changes.

7.4. As set forth in section 9 of this rule, the licensee is responsible for submitting information and reports in regard to persons for whom he or she is providing supervision.

7.5. Licensed Psychologists, Licensed School Psychologists (Level I), and Licensed School Psychologists Independent Practitioners (Level II) shall notify, prior to utilizing a psychometrician who administers or scores psychological tests, the Board's Executive Director that a psychometrician will be utilized and that the psychometrician has been properly trained and that the licensee shall provide the proper supervision of the psychometrician.

7.6. When Licensed Psychologists, Licensed School Psychologists (Level I), or Licensed School Psychologists Independent Practitioner (Level II) use psychometricians to administer tests, the licensee shall identify the psychometrician in all reports generated on the basis of the test administration.

W. Va. Code R. § 17-3-8 Standards for the Supervision of Persons Working Under the Direct and Regular Supervision of Licensees

8.1. All individuals who provide psychological services and who are not either currently licensed or specifically exempted under W. Va. Code §30-21-2 shall perform their work under the general supervision of a licensee. These persons shall provide psychological services under the critical observation of a licensee who is competent to evaluate those services.

8.2. Individuals requiring supervision by a licensee fall into one (1) of these three (3) categories;

8.2.a. Applicants for licensure who are obtaining the required supervised experience. A person in this category shall refer to himself or herself and sign all work as: Supervised-Psychologist.

8.2.b. Psychometricians are individuals who administer and score psychological tests, and shall refer to himself or herself and sign all work as Psychometrician. A licensee shall supervise a person in this category at all times. Those individuals ineligible for licensure who have had their license revoked or rescinded, or otherwise discontinued by the Board due to ethical violations, or who have been discontinued from the licensure track by the Board and who have at any time been determined by the Board (as evidenced by a finding of probable cause or a letter to cease and desist) to have acted outside the scope of ethical standards, may not act as a psychometrician.

8.2.c. Students engaging in psychological activities as part of a course of study in an institution of higher learning; a person in this category, unless the Board has specifically issued a gold card allowing them to sign as a supervised-psychologist, shall refer to himself or herself and sign all work as: Student.

8.3. Supervisors shall be licensed as a psychologist or school psychologist or granted a temporary permit by the West Virginia Board of Examiners of Psychologists. The Board may deny or rescind a licensee's supervision approval upon review and determination of reasonable evidence of incompetence. Incompetence may include, but is not limited to the following: failure to provide adequate supervision; or failure to provide prompt evaluation of the supervised performance. In addition, no licensee having had a substantiated complaint resulting in any type of censure, sanction, restriction, or reprimand may be granted the privilege of providing supervision.

8.4. The licensee shall assume supervision obligations only to an extent that he or she can adequately manage. A licensee shall supervise no more than four (4) candidates for psychology or school psychology licensure.

8.5. As stated in §17-2-5, Supervisors and their Supervisees shall sign and adhere to the Board’s Supervision Contract, which is based on Legislative Rule §17-6 - Code of Conduct, and procedures determined by the Board to be fundamental to effective supervision. The Supervision Contract shall be signed and approved by the Board prior to initiation of supervised practice.

W. Va. Code R. § 17-3-9 Standards for Supervision of Applicants for Licensure

9.1. A licensee shall not enter into the direct and regular supervision of supervised-psychologists unless he or she is satisfied that the supervised-psychologists are meeting the standards for supervision set forth in this rule. Licensees shall cease supervision when supervised-psychologists, or firms or agencies employing supervised-psychologists, fail to comply with standards set forth in this rule. Licensees shall notify the Board, in writing, within ten (10) days, whenever he or she discontinues supervision of a supervised-psychologist.

9.2. Supervised-psychologists shall meet the following standards of supervision. They shall be supervised directly by a licensee. Supervisors shall provide a minimum of 1 hour of individual supervision per 20 hours of the Supervisee’s clinical practice, with a minimum of 1 hour per week regardless of hours spent in practice. Individual supervision sessions must occur no less frequently than every 2 weeks. Individual supervision is defined as a face-to-face and private interaction between the supervising licensee and the supervised-psychologist. The supervisor shall be available to the supervised-psychologist for telephone consultation at all times during regular business or professional practice hours. All psychological reports or other professional opinions rendered by supervised-psychologists shall be countersigned by the supervisor.

9.3. Supervised-psychologists may not supervise a psychometrician.

9.4. The supervisor shall keep a log listing the time and places of the individual supervision sessions and consultations for each supervised-psychologist, as well as a brief notation of the subject matter, without identification of characteristics of the client or clients who may have been discussed during supervision.

9.4.a. The supervisor shall submit copies of supervision quarterly reporting forms, while maintaining the originals, to the Board on a quarterly basis as follows:

9.4.a.1. For the quarter beginning January 01 and ending March 31, the report shall be mailed by April 30;

9.4.a.2. For the quarter beginning April 01 and ending June 30, the report shall be mailed by July 31;

9.4.a.3. For the quarter beginning July 01 and ending September 30, the report shall be mailed by October 31;

9.4.a.4. For the quarter beginning October 01 and ending December 31, the report shall be mailed by January 31.

9.4.b. The supervised-psychologist shall pay the annual supervision fee, as required in West Virginia Board of Examiners Rule, Fees, §17 CSR1 or the Board may not process the supervised-psychologists’ supervision reports.

9.5. The Board may credit, either in part or in its entirety, supervision toward licensure in another state, which took place prior to application for licensure in West Virginia, if the supervision meets the standards of the Board.

9.5.a. The Board shall not give a supervised-psychologist supervision credit for work performed other than during supervision toward licensure.

9.6. After approval of the application for supervision toward licensure and upon the Board's approval of the submitted supervision reports from the preceding supervision periods, the Board shall, issue a card identifying the applicant as a "Supervised-Psychologist”. The card is documentation that the supervised-psychologist is in good standing with the Board. The card remains valid only as long as the supervised-psychologist and the supervisor remain in compliance with this rule. A supervised-psychologist shall apply for a new card if he or she changes supervisors. The Board shall approve the new supervision before the supervised-psychologist begins work under the new supervisor.

W. Va. Code R. § 17-3-10 Standards for Supervision of Students

10.1. Students shall work directly under supervision of the course instructor. Instructors who function only within their regularly assigned college or university functions are not required to be licensed. Those instructors who provide psychological services shall be licensed. In all cases, instructors and students shall follow ethical principals and procedures in dealing with persons and with materials that become part of course work. 10.2 The Board Administrator or Executive Director is authorized to issue student supervised-psychologist status to graduate students who are enrolled in doctoral in-state psychology programs or their equivalent, which are designated as meeting West Virginia’s psychology licensure requirements. Such graduate students must be participating in practicums, internships, or similarly identified work experiences that are part of the requirements of the graduate program of study. They shall have already completed a master’s degree in psychology, or completed 36 hours of study in the specified doctoral graduate program. The graduate student’s supervised work will be limited to the training sites identified by the academic training program and for which graduate credit hours will be awarded. The student supervised-psychologist status is delineated on the “student gold card.” 10.2.a “student gold card”, as used in these rules, means a card issued to a graduate student that signifies the graduate student has met all the requirements contained within this section. The “student gold card” shall also expressly contain language that signifies that the board has approved the graduate student’s “student supervised-psychologist” status.

W. Va. Code R. § 17-3-11 Reporting Psychometricians. 11.1 All licensees who supervise psychometricians shall list their current psychometricians on their renewal forms and immediately (within 30 days) update the Board office when they begin using a new psychometrician

W. Va. Code R. § 17-3-12 Special Procedures And Definitions For Board Consideration Of Applications Made For Licensure On The Basis Of ABPP Certification And Reciprocity

12.1. American Board of Professional Psychology.

12.1.a. When a person applies for licensure under this provision, the West Virginia Board of Examiners shall communicate with the American Board of Professional Psychology of the American Psychological Association to verify that the candidate has indeed been awarded a diploma by that body.

12.1.b. A completed and notarized application form shall be required from the applicant to initiate consideration for licensure. Such applicants shall pay all appropriate fees and complete other forms as required.

12.1.c. Applicants certified by the American Board of Professional Psychology shall meet with the Board to discuss their practice intentions. 12.2 Reciprocity provision.

12.2.a. When a person applies for licensure under this provision, the West Virginia Board of Examiners shall assume responsibility for obtaining information from the state (s) having licensed the psychologist to determine whether the requirements for obtaining such other license(s) or certificate(s) were equal or at least as great as provided in the West Virginia Code.

12.2.b. License or certificate is interpreted to mean only those granted by other states under statutory provisions.

12.2.c. Reciprocity agreements with other states are not automatic. All reciprocity applicants must submit documentation showing that they meet all the requirements of the West Virginia Board. Required documentation includes, but is not limited to, a completed and notarized application form, official transcripts from the applicant’s graduate degree granting institution, national exam scores, documentation of supervision, and any correspondence from licensure granting board(s) pertaining to disciplinary actions taken against the applicant.

12.2.d. Reciprocity applicants shall pay all required fees.

12.2.e. Portability. -- The Board may waive any or all of the required documentation of education and training if the applicant for doctoral level licensure is currently a holder of the Certificate of Professional Qualifications issued by the Association of State and Provincial Psychology Boards or a certificate from the National Register of Health Service Psychologists. Such applicants must meet all other requirements as described in §30-21-7 and within Title 17, Series 3.

12.2.f. All reciprocity applicants must pass an oral examination.

12.2.g. Notification. When a decision has been reached by the Board, the applicant shall be so informed, in keeping with the general procedure for such notification as provided in the Rules.

W. Va. Code R. § 17-3-13 Procedures For Processing Of Applications Requiring Written and Oral Examinations

13.1. A completed application file consists of the completed and notarized application form, official transcripts of all graduate work completed, endorser forms from two (2) psychologists familiar with the applicant's work experience, at least one (1) of whom must be a member of the West Virginia Psychological Association, the American Psychological Association and/or the American Psychological Society. If the application is for school psychology licensure, one endorser must be a member of the W. Va. School Psychology Association and/or the National Association of School Psychologists.

13.2. Once the application file is complete and the appropriate fees are received, the Board shall examine the transcript of every applicant to determine the adequacy of the applicant’s graduate education as defined in Section 2 of the Legislative Rules, Series 3 of the Board.

13.3. The Board Secretary or the Executive Director shall evaluate the acceptability of the professional experience presented by the applicant for consideration in keeping with Title 17, Series 3 of the Board’s Legislative Rules. The Board Secretary shall also review the application materials and decide if the applicant qualifies to enter the licensure process as a psychologist. Qualified applicants are granted status as Supervised-Psychologists. The School Psychology Coordinator or the Board Secretary shall evaluate the application materials for those applying for a school psychology license. Qualifying applicants are granted status as Supervised School Psychologists.

13.4. Further procedures for processing applications under the standard provision are described in Section 14 of these rules, which follows.

W. Va. Code R. § 17-3-14 Examinations

14.1. The Board adopts the Examination for Professional Practice in Psychology (EPPP) provided by the Association of State and Provincial Psychology Boards as the official examination for Psychologists. For School Psychologists, the required examination is the Praxis Exam for School Psychologists.

14.2. Licensure requires a passing score on the EPPP. The Board shall determine and set a passing score in consideration of prevailing national standards and in consideration of ensuring the public welfare. As the need arises, the Board may update the passing score and the said updated passing score shall then be in force.

14.3. All Supervised-Psychologists are required to take the EPPP at least once during the first 12 months of their status as a supervised-psychologist. Masters Supervised-psychologists must (a) pass the EPPP within 5 years, (b) must take the EPPP at least once per year, and (c) shall only take the EPPP a maximum of five (5) times during the 5-year supervision period. Doctoral degree supervised psychologists must pass the EPPP within two (2) years and shall only take the EPPP a maximum of five (5) times during the 2-year supervision period. Those who fail to pass the EPPP within the designated periods will no longer be eligible for licensure. Those that do not meet this requirement must cease all psychological practice and must stop using the title of “Supervised-Psychologist.”

14.4. Initial and reciprocity masters-degree and doctoral-degree applicants for the psychology license, as well as those applicants for the school-psychology license, shall also take a Board-prepared oral examination, which shall cover such matters as professional ethics, legal issues, competency, professionalism, pertinent West Virginia state law, knowledge and judgment, and to assure that the applicant appropriately limits the scope of independent practice to the extent of the applicant’s training and supervision experience.

14.5. The supervision log as required in §17-3-9.4 of the Board's Rules shall be made available to the Board upon request. If supervision logs have been provided, they will be returned after the oral examination.

14.6. At the oral examination, a minimum of three work samples, a demonstrable competency form (completed by the applicant and approved by his or her supervisors) shall be submitted. If the applicant is a supervised-psychologist, or supervised-school-psychologist at the time of his or her oral examination, a final report of supervision shall be submitted. Work Samples must be submitted in support of each major area of intended practice (i.e. adult therapy, child assessment) and for any areas of intended practice considered specialty areas within the profession (e.g. forensics, neuropsychology, medical psychology, gerontology, autism, eating disorders). Taken together, the work samples must represent the full range of applicant’s intended scope of practice. These materials, as well as performance on the oral and/or written examinations shall serve as the basis for the Board’s determination of the applicant’s scope of independent practice. Licensees practice independently only within the specified Board approved scope of practice.

14.7. Once licensed, no additions or expansions to the specified scope of independent practice as delineated at the oral examination, can be initiated without prior Board approval. The licensee must submit to the Board a statement describing the new intended practice area(s), and documentation of educational and supervised experience sufficient to support the application for enhanced scope of practice. Unless waived by the Board, requests for expanded scope of practice shall require an oral examination by the Board or a Board committee. Applicants shall be notified in writing of Board action on such requests.

14.8. The written and/or oral examination for each applicant shall be scored on pass/fail basis by each member of the Board present at the examination.

14.9. A passing score of sixty percent (60%) on the written and/or oral examination derived from the ratings of all examiners shall be required for passing. Percentage of passing scores based on total Board members deliberating shall be rounded up to the next whole number (e.g. When seven Board members vote, 60% equals 4.2, meaning that 5 members must pass the examinee). The results shall be recorded as either P or F only. The Board may choose to continue an individual’s oral examination as outlined in 14.11.

14.10. Although the above criteria shall serve as guidelines, the final decision of the Board shall be based on all available information concerning the candidate's professional ability to function as a psychologist within the requirements of the law.

14.11. When the Board considers it warranted, an oral examination may be continued for a period up to one year. Such a continuation shall be accompanied by specific requirements for supervision activities and learning objectives that the candidate must complete during the period of the continuation. Obtaining a new supervisor may be a part of the requirements. The Board is not obligated to allow the additional time to prepare for licensure, but may do so if it so chooses. This grace period may be revoked at any time if the examinee fails to follow the Board requirements or directives.

14.12. Examinations shall be scheduled at least twice a year.

14.13. Those who fail the oral examination are no longer eligible for supervised practice or independent practice in the State of West Virginia.

14.14. The Board may require an applicant to retake only part of the oral examination.

14.15. If a licensee obtains an additional graduate degree, in most cases this is a master level licensee obtaining a doctoral degree, subsequent to being licensed, the licensee is required to make application to the Board, pay all required fees, submit an official transcript from the university conferring the new degree and complete all other required materials. When, as a result of the additional educational achievement, a licensee intends to expand his or her scope of practice or other aspects of his/her professional practice, the applicant is required to sit for a new oral exam in order for the licensee to be considered licensed at the new degree level. The purpose of the process is to approve the degree as acceptable to the Board, to ensure that the degree meets all statutory requirements, and to allow for the licensee to present new or additional competencies and professional practice intentions. Until the process is successfully completed, the licensee shall continue to present himself or herself as the original degree licensee.

W. Va. Code R. § 17-3-15 Notification

15.1. The Executive Director or Administrative Assistant shall timely notify each examinee by mail of his or her success, failure, or continuance on the written or oral examination.

15.2. In the case of denial of a license, the letter shall include a statement of reasons the Board used in making its decision and a description of the appeal possibilities open to the applicant.

15.3. Furthermore, verbal communications with individual Board members are not official and binding. Official Board statements or notices are provided in writing and represent the Board as a body.

W. Va. Code R. § 17-3-16 Licensure of School Psychologists

16.1. Definitions:

16.1.a. A "Licensed School Psychologist" (Level I) as defined in W. Va. Code §30-21-2 means a school psychologist who provides school psychology services on school board property and is a school board employee or contractee.

16.1.b. A "Licensed School Psychologist Independent Practitioner" (Level II) as defined in W. Va. Code §30-21-2 means a school psychologist who provides school psychology services to an individual or the public on school board or non-school board property, and provides such services for a fee or other compensation, or as a school board employee or contractee.

16.1.c. A “Supervised-School-Psychologist” is a person who has earned a masters, Ed.S. or Certificate of Advance Study in an approved program from a regionally accredited institution of higher education and is applying for Level I or Level II licensure. Core coursework shall be relevant to the practice of school psychology as defined under WV Code §30-21-2.

16.1.d. “School board property” includes buildings or office space that is owned, rented, or leased by the county school board or the West Virginia Board of Education. It also includes donated office space or buildings and private or parochial school facilities. This rule does not prohibit a Level I School Psychologist from providing school psychology services in the student's home (i.e., home bound services) when the services are part of the school psychologist's contract with the school board.

16.1.e. School Psychology Representative Membership on the Board: W. Va. Code §30-21-5a indicates "at least one member of the board shall be a licensed school psychologist." This can be a Level I or Level II school psychologist or a licensed psychologist who also possesses a school psychology license, provided that the licensed psychologist’s practice is oriented primarily toward the practice of school psychology.

16.2. To be eligible for licensure at Level I or Level II, supervised-school-psychologists shall pass the Praxis Exam for School Psychologists. The Board shall determine and set a passing score in consideration of prevailing national standards and in consideration of ensuring the public welfare. Consideration will be given to the passing rate for eligibility as a Nationally Certified School Psychologist (NCSP) which is determined by the National Association of School Psychologists (NASP). As the need arises, the Board may from time to time update the passing score and the said updated passing score shall then be in force.

16.3. Supervised-school-psychologists shall take the written exam at least once within the first 12 months of their status as a supervised school psychologist if they have not already taken it prior to application for licensure.

16.4. Supervised-school-psychologists shall pass the school psychology written examination within 2 years of their application for licensure. Those who do not meet this 2 year requirement shall become ineligible for Level I licensure and must cease all independent/supervised practice of school psychology. The applicant may, however, retake the exam anytime in the subsequent two year period and may renew their “Supervised School Psychologist” status upon passing the exam during that period. Those who fail to pass the exam within the designated periods will no longer be eligible for independent/supervised practice.

W. Va. Code R. § 17-3-17 Supervision Requirements for School-Psychologist Applicants. 17.1 Level I School Psychology applicants shall be supervised by Level I, Level II, or when necessary licensed psychologists. The Board shall approve licensed psychologists to be supervisors only upon satisfactory documentation of school psychology experience. 17.1.a A level I or Level II school psychologist who has completed two full school years of employment as a school board school-psychologist may count one and one-half years of licensed practice toward the two-year practice requirement for approval as a supervisor, provided they have also completed the supervision training required by §17-2-6.2

17.2. Level II School Psychology applicants shall be supervised by Level II School Psychologists, or when necessary, licensed psychologists. The Board shall approve licensed psychologists to be supervisors only upon satisfactory documentation of school psychology or related practice expertise.

17.3. The supervision of supervised-school-psychologists shall consist of a minimum of 1 hour of individual supervision for every 20 hours of school psychology services provided by the supervised-school-psychologist. Individual supervision is defined as face-to-face and private interaction between the supervised-school-psychologist and the supervisor. When the supervisor is not located at the same work site, the supervisor and supervised-school-psychologist still shall meet together for individual supervision sessions. The supervisor shall be available to the supervised-school-psychologist for telephone consultation during the work day. If the supervised-school-psychologist is a contractor with the school board, all school psychological reports shall be co-signed by the supervisor. If the supervised-school-psychologist is a full-time employee of a local school board, his or her reports shall be logged in the supervisor's log and need not be co-signed. Regardless of the supervised-school-psychologist’s employment status, the applicant shall represent themselves and sign all reports as “Supervised-School-Psychologist” and all work must be reviewed by the supervisor. 17.4 Specific Supervision Requirements for Level I Applicants as Described in W. Va. Code §30-21-7b: Supervision of a supervised-school-psychologist for Level I licensure shall include all aspects of the supervised-school-psychologist’s professional practice. These aspects include, but are not limited to, evaluations, consultations, ethics, record keeping, mental health interventions, family/school collaboration and professional development. The supervised-school-psychologist shall maintain all forms and submit reporting forms to the Board. 17.4.a Supervised-school-psychologists candidates for the Level I School-Psychology license who possess a master's, C.A.S., or Ed.S. degree are required to complete 3 school calendar years of supervision. If an internship was required for the degree, then one school calendar year of supervision shall be accepted as part of the required 3 school calendar years. If a level-I supervised school-psychologist candidate has completed two full school calendar years of employment as a school board school-psychologist, one and one-half school calendar years of supervision may be credited toward the required two school calendar years.

17.5. Supervised-school-psychologists for School Psychology Level II licensure who possess a master's, C.A.S., or Ed.S., degree shall complete 2 additional school calendar years of supervision which shall include all aspects of the supervised-school-psychologist’s professional practice, as described in Section 17.4. of this rule. The supervised-school-psychologist shall be informed of the requirements of the provision of independent and private school psychology services. During the 2 additional school calendar years of supervision required for the Level II license, the supervised-school-psychologist shall receive supervised experience which provides competency in the area of private practice including: record keeping, duty to protect issues, liability issues, abandonment concerns, confidentiality concerns, court concerns, business issues, supervision of other licensees, and professional practice ethics. The supervised Level II school psychologist should also be supervised in the ten NASP domains of practice including data based decision making, consultation, academic interventions, mental health interventions, family school collaboration, system level interventions, prevention and crisis intervention, diversity, research, and ethics. The supervised-school-psychologist may acquire these competencies either through actual private practice experience, interaction with his or her supervisor, or through formal instruction. The Board suggests, but does not require, that the supervised-school-psychologist receive on-the-job experience in a private practice setting during the 2 school calendar year period. If the supervised-school-psychologist works in a private practice setting, all psychological work must be co-signed by the supervisor. It is the responsibility of the supervised-school-psychologist and the supervisor to adequately prepare the applicant for Level II school psychology practice.

17.6. Applicants for School Psychology licensure at the doctoral level are required to complete those activities as described in sections 17.4. and 17.5. of this rule. The amount of supervision time required for the doctoral supervised-school-psychologist is one (1) school calendar year, if an internship was required, or two (2) school calendar years if an internship was not completed as part of the degree requirement. When the degree held is a doctorate in philosophy or its equivalent, and the individual has completed at least 1,800 hours in a predoctoral internship, the individual may apply to the board to waive the year of supervision. The individual must supply documentation of his/her predoctoral internship. If working in the state of West Virginia, the individual must identify a Board approved supervisor and be supervised until the Praxis exam and oral examination is successfully passed.

17.7. A person who is certified as a school psychologist by the West Virginia State Board of Education and who is a full time employee of a local school board, need not be licensed as a Level I or Level II school psychologist. However, these individuals shall not refer to themselves as "licensed" nor may they offer services under contract to any other county school board nor shall they offer school psychology services on a private or independent practice basis. Only those properly licensed can provide services on a contract basis.

W. Va. Code R. § 17-3-18 School Psychology Continuing Education Requirements for Licensed Psychologists

18.1. Licensed psychologists, who obtained their school psychology licensure under the grandfather provisions of the original school psychology law, shall maintain their school psychology license as long as he or she meets the renewal requirements for his or her psychology license.

W. Va. Code R. § 17-3-19 Temporary Permits

19.1. The Secretary or the Executive Director of the Board is authorized to issue a 90-day temporary permit to reciprocity candidates when the application is considered to meet the requirements of W. Va. Code §30-21-7(a)1, 7(a)2, 7(a)3, 7(a)4, 7(a)6, and 7(a)7. Granting a temporary permit by the Secretary does not assure the future granting of a regular license.

19.2. For W. Va. Code §30-21-9(a)(1), a letter requesting a temporary permit must accompany the completed application.

19.3. For W. Va. Code §30-21-9(a)(2) the regular application form for licensure shall be required along with the specified endorsement procedures as required according to that person's credentials. The fee for a temporary permit must accompany the application form.

19.4. Except for unusual circumstances specifically approved by the Board, holders of temporary permits under provision W. Va. Code §30-21-9(a)(1) shall be required to qualify and appear before the Board at the next available meeting for an oral examination to present their demonstrable competencies and to declare their practice intentions. Even though an applicant holds a license in another state, a temporary permit is not automatically granted. These applicants must first prove their applications for full licensure meet the requirements of a standard or reciprocity provision. Thus, such applicants shall submit proof of the existing license(s), any letter they have received from their Boards pertaining to non-standard licensure provisions and/or disciplinary actions, appropriate university transcripts, and national examination scores. Failure to provide documentation of any previous, current, or pending disciplinary actions may result in the license being denied or rescinded.

19.5. Applicants for temporary permits must meet the requirements of §30-21-7.

19.6. Holders of temporary permits must have such permits available for inspection on request.

19.7. ABPP and reciprocity applicants, holders of a certificate from the National Register and/or holders of the Certificate of Professional Qualifications issued by the Association of State and Provincial Boards of Psychology shall also be required to obtain a temporary permit in order to practice in the state until a regular license can be issued.

19.8. The Board Administrator or Executive Director may also grant a 10-day (80 hour) temporary permit to psychologists who are licensed by other state psychology boards. Such psychologists are required to have a 10-day temporary to practice psychology in West Virginia. Such 10-day temporary permit allows the psychologist to practice (i.e. provide expert testimony in court) in West Virginia for up to 80 hours in one calendar year. The 10-day temporary permit expires after one calendar year and must be requested annually.

W. Va. Code R. § 17-3-20 Renewals

20.1. License periods shall be dated quarterly (first day of January, April, July and October) and shall expire two (2) years after the granting of the license for psychologists and three (3) years after granting of the license for a school psychologist.

20.2. Thirty (30) days prior to expiration date of each license, the Board shall notify each licensee due for renewal via a letter to the last address of record filed with the Board. Failure to receive such a notice shall not relieve the licensee of the responsibility of renewing the license if the licensee intends to continue the practice of psychology in West Virginia.

20.3. Continuing Education (CE) -- Continuing Education (post degree education) is required of all Licensed Psychologists, Supervised-Psychologists, Licensed School Psychologists, Licensed School Psychologist Independent Practitioners, and Supervised School-Psychologists. On each application for renewal, the above cited individuals must present to the Board documentary evidence of the completion of appropriate and adequate CE.

20.4. Authorization -- The Board provides for authorization of Continuing Education in West Virginia. Continuing Education programs are automatically accepted if they are approved by the American Psychological Association or any of its sponsors, as well as the Academies of the Specialty Boards of the American Board of Professional Psychology, the West Virginia Psychological Association, the West Virginia Association of Professional Psychologists, The National Association of School Psychologists, its affiliated regional organizations, and the West Virginia School Psychologists Association.

20.5. Required CE Hours -- Licensed Psychologists and Supervised-Psychologists are required to obtain a minimum or 20 Board approved Continuing Education hours per two year renewal cycle. Individuals holding licenses to practice psychology and school psychology may use the 20 hour Continuing Education requirement to satisfy the Continuing Education requirements for both licenses. However, dually licensed psychologists shall obtain at least 3 approved Continuing Education hours per renewal cycle in each area, both the primary and secondary areas.

20.6. A minimum of 30 hours of Continuing Education credits per renewal period of 3 years or a valid National Certification card issued by the National Association of School Psychologists are/is required for a renewal for Licensed School Psychologists and School Psychologist Independent Practitioners.

20.7. Specific Continuing Education Requirements -- Three (3) hours of Continuing Education in the area of ethics are required within each renewal period for all license holders and supervisees.

20.8. A minimum of 50 percent of Continuing Education must be obtained from professional associations identified in 20.4. The remainder of continuing Education can be obtained from programs or activities including: 1. Presentation by a psychologist or other professional who has obtained recognized expertise in the specific subject area and is relevant to the field of psychology. The subject area must be relevant to the field of psychology. 2. APA approved self-study programs. 3. Formal professional presentations given by a licensee to a recognized professional audience. Licensees may acquire up to 6 continuing education hours for the initial presentation only. 4. Publications, Peer Reviewed Journals or Texts for up to 6 Continuing Education hours. 5. Grand Rounds from a medical institution with a clearly psychological focus. 6. Post Graduate Programs as specified in the Guidelines including successful completion of a graduate psychology course from a regionally accredited graduate institution. 7. Other options as noted in the Continuing Education Guidelines.

20.9. The Board reserves the right to renew a license after the normal expiration date if the circumstances justify such action. 20.10 If an ethical inquiry has been received regarding the competency or ethics of the licensee or supervisee, such licensees or supervisees may not circumvent or prevent investigation and/or resolution of the ethical complaint by deactivating their license or supervised-psychologist status. 20.11 Effective January 1, 2017, two hours of the 20 hours required for each two year renewal period shall be about mental health conditions common to veterans and their family members. Such training shall include (1) inquiry about whether patients are veterans or family members of veterans, and (2) Screening veterans and their family members for: (a) suicide risk and suicide prevention; (b) posttraumatic stress, anxiety, panic, depressive, intermittent explosive and related disorders; and (c) the need for family and/or marital counseling.

W. Va. Code R. § 17-3-21 Psychological Assessment

21.1. In accordance with W. Va. Code §30-21-2(e) the practice of psychology includes psychological testing which includes the administration and interpretation of tests of intelligence, special abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivation. The intent of this regulation is to provide a definition of psychological testing sufficient to allow this Board to regulate effectively this aspect of psychological practice. The ability to administer and interpret psychological testing requires formal academic training at the graduate level in statistics, test construction, sampling theory, tests and measurement, individual differences, and personality theory. In addition, the interpretation of psychological tests for diagnostic purposes requires formal academic training in the areas of abnormal psychology, psychopathology, mental health differential diagnosis, and in the case of neuropsychological assessment, training in neuropsychology. In addition to formal academic training at the graduate level, competent administration and interpretation of psychological tests also requires formal supervised practice experience.

21.2. “Psychological Testing” means the use of one or more standardized measurement instruments, devices, or procedures including the use of computerized psychological tests, to observe or record human behavior, and which require the application of appropriate normative data for interpretation or classification and includes the use of standardized instruments for the purpose of the diagnosis and treatment of mental and emotional disorders and disabilities, the evaluation or assessment of cognitive and intellectual abilities, personality and emotional states and traits, and neuropsychological functioning.

21.3. “Psychological Tests” means: individually administered tests for the evaluation of cognitive and intellectual abilities, examples of which are the current versions of The Wechsler Series; The Stanford-Binet; and The Kaufman Assessment Battery for Children.

21.3.a. Objective tests of personality, psychopathology, and emotional states and traits, which include but are not limited to: the current versions of The Minnesota Multiphasic Personality Inventory; The Millon Clinical Multiaxial Inventory; The Millon Adolescent Clinical Inventory and Personality Assessment Inventory.

21.3.b. Projective techniques, which include but are not limited to: The Rorschach Ink Blots; Thematic Apperception Test; and The Holtzman Ink Blots.

21.3.c. Individual tests of neuropsychological functioning, which include but are not limited to: The Halstead-Reitan Battery (original and expanded); The Luria-Nebraska Battery (original and expanded); The Lezak Battery or Kaplan Battery; and the current version of the NEPSY.

21.4. In accordance with W. Va. Code §30-21-3 services described as “Psychological Testing” in 21.2. of this legislative rule shall only be provided by persons licensed or credentialed by this board. “Psychological Tests” described in 21.3. et seq of this legislative rule shall only be administered and interpreted by persons licensed or credentialed by this Board or psychologists who meet the formal academic training and experience qualifications described above and who are otherwise exempt by statute (e.g. §30-21-2.)

21.5. Licensed Psychologists as well as other licensed or certified professionals may also use tests of language, education and achievement, as well as tests of abilities, interests, and aptitudes. With the exception of the test categories and psychological tests listed in 21.3. et seq of this legislative rule, the use of these other tests is not exclusively within the scope of this legislative regulation. These tests may also be used by other licensed or certified professionals. However, test categories and psychological tests listed in 21.2. and 21.3. et seq of this legislative rule shall only be used by persons credentialed by this Board.

21.6. Members of other professions may not train or supervise any person in the performance of psychological testing as defined in sections 21.2. and 21.3. et seq of this rule.

21.7. Current versions of psychological tests must be used no later than 18 months after their dates of publication. Licensed psychologists may not use tests that are obsolete and not useful for the current purpose unless there is appropriate clinical justification for using outdated tests.

W. Va. Code R. § 17-3-22 Special Volunteer Psychologists License; civil immunity for voluntary services rendered to indigents 22.1 In accordance with WV Code §30-21-17, there is a special volunteer psychologists license for psychologists retired or retiring from the active practice of psychology who wish to donate their expertise for the psychological care and treatment of indigent and needy patients in the clinic setting or clinics organized, in whole or in part, for the delivery of health care services without charge. There is no application fee, license fee or renewal fee, and the initial license shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licensing requirements. The psychologist must have retired with a license in good standing in the state in which he/she was practicing. The special psychologist license requires an application and indicates that the psychologist understands and agrees to the following: 22.1.a The psychologist’s practice under the special volunteer psychologists license will be exclusively devoted to providing psychological care to needy and indigent persons in West Virginia

22.1.b. The psychologist will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any psychological services rendered under the special volunteer psychological license.

22.1.c. The psychologist will supply any supporting documentation that the board may reasonably require; and

22.1.d. The psychologist agrees to participate in continuing education as required by the board for a special volunteer license.

22.2. Any psychologist who renders any psychological service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer psychologist license authorized under subsection 22.1 of this section without payment or compensation or the expectation or promise of payment or compensation, is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the psychological service at the clinic unless the act or omission was the result of the psychologist’s gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the psychologist and the clinic pursuant to which the psychologist will provide voluntary uncompensated psychological services under the control of the clinic to patients of the clinic before the rendering of any services by the psychologists at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.

22.3. Notwithstanding the provisions of subsection 22.2 of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a psychologist rendering voluntary psychological services at or for the clinic under a special volunteer psychological license authorized under subsection 22.1 of this section. For purposes of this section, “otherwise eligible for licensure” means the satisfaction of all the requirements for licensure as listed in section seven of this article and in the legislative rules promulgated thereunder, except the fee requirements of subsection (d) of that section and of the legislative rules promulgated by the board relating to fees.

22.4. Psychologists applying for the special volunteer psychologist license must complete an application obtained from the WV Board of Examiners of Psychologists and have a valid license in good standing at the time of application or as of his/her retirement. The sole determination for the provision of a special volunteer license lies with the WVBEP. The WVBEP reserves the right to refuse any special volunteer psychologist license for those without a license in good standing or for those who are determined to be unfit to practice psychology. The time lapsed since last being licensed will be taken into account when determining if a psychologist is eligible for a special volunteer psychologist license.

22.5. Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any psychologist covered under the provisions of this article, shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a psychologist who holds a special volunteer psychologist license.

W. Va. Code R. § 17-3-23 Tele-Psychology Telepsychology is defined as the provision of psychological services using telecommunication technologies. Telecommunication technologies include but are not limited to telephone, mobile devices, interactive videoconferencing, email, chat, text and internet. Technologies may augment traditional in-person services or be used as stand-alone services. Psychologists assume responsibility to continually assess both their professional and technical competence when providing telepsychology services. Psychologists both understand and inform their clients of the limits to confidentiality and risks to the possible access or disclosure of confidential data and information that may occur during service delivery. Psychologists shall be mindful of potential threats to the security of client information. Psychologists shall take reasonable steps to ensure that security measures are in place for protecting and controlling access to client data. Psychologists shall meet additional Tele-Psychology requirements as promulgated by the Board via Board motions and/or policy statements. Psychologists can also use the Tele-Psychology guidelines of the Association of State and Provincial Psychology Boards (ASPPB) and the American Psychological Association (APA). Psychologists shall use these for guidance, but the board rules, requirements, and policy statements shall prevail

Series 04 Disciplinary and Complaint Procedures for Psychologists

W. Va. Code R. § 17-4-1 General

1.1. Scope. -- This rule specifies a procedure for the investigation and resolution of complaints against psychologists.

1.2. Authority. -- W. Va. Code §§30-21-6 and 30-1-4.

1.3. Filing Date. -- May 21, 2024.

1.4. Effective Date. -- May 21, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 17-4-2 Application

This rule applies to all licensed psychologists, school psychologists and school psychologist independent practitioners, and to all supervised psychologists, supervised school psychologists and supervised school psychologist independent practitioners.

W. Va. Code R. § 17-4-3 Definitions

The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires:

3.1. “Applicant” means any person making application for an original or renewal license or a temporary permit pursuant to W. Va. Code §30-21- et seq.

3.2. “Board” means the West Virginia Board of Examiners of Psychologists.

3.3. “Ethics coordinator” means a lay member of the Board appointed to coordinate the processing of complaints through an ethics investigator.

3.4. “Ethics investigator” means a person licensed to practice psychology in this state, and who is hired by the Board for the purpose of reviewing complaints against psychologists and supervised psychologists.

3.5. “License” means a license or temporary permit issued by the Board pursuant to W. Va. Code §30-21-1 et seq.

3.6. “Licensee” means an individual who holds a license to practice psychology issued by the Board.

3.7. “Psychologist” means licensed psychologist, school psychologist, school psychologist independent practitioner and applicant.

3.8. “Supervised psychologist” means supervised psychologist, supervised school psychologist, and supervised school psychologist independent practitioner.

W. Va. Code R. § 17-4-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Psychologists

4.1. The Board may deny an application for license, place a supervised psychologist on probation, require additional years of supervision for supervised psychologists, limit, restrict, suspend or revoke the approval of any supervised psychologist to progress through the licensure application process, place a licensee on probation, limit or restrict a license, suspend a license or revoke any license issued by the Board, upon satisfactory proof that the psychologist or supervised psychologist has been convicted of a felony or is, in his or her professional capacity, engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §30-21-1 et seq. or the rules of the Board.

W. Va. Code R. § 17-4-5 Disposition of Complaints

5.1. Any person, firm, corporation, member of the Board, or public officer may make a complaint to the Board which charges a psychologist or supervised psychologist with a violation of W. Va. Code §30-21-1 et seq. or of the rules of the Board. The Board may provide a form for that purpose, but a complaint may be filed in any written form. In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following:

5.1.1. The name and address of the psychologist or supervised psychologist against whom the complaint is lodged;

5.1.2. The date(s) of the incident(s);

5.1.3. The name of any psychologist or supervised psychologist who may have treated the patient after the alleged incident; and,

5.1.4. The name of any health and/or mental health care institution in which the patient was an inpatient or outpatient after or during the alleged incident(s).

5.2. A complaint against a psychologist or supervised psychologist shall allege that the psychologist or supervised psychologist has been convicted of a felony or is, in his or her professional capacity, engaging in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §30-21-1 et seq. or the rules of the Board.

5.3. Complainants are immune from liability for the allegations contained in their complaints filed with the Board unless the complaint is filed in bad faith or for a malicious purpose.

5.4. The Board shall maintain a complaint log which records the receipt of each complaint, its nature and its disposition.

5.5. The Board shall maintain a separate file on each complaint received, and each file shall have a number assigned to it.

5.6. Upon receipt of a complaint, the Board shall first determine whether the conduct alleged in the complaint, if true, would constitute a violation of the rules of the Board or otherwise falls within the jurisdiction of the Board. Upon completing that initial determination, the Board shall issue one of the following acknowledgments to the complainant:

5.6.1. That the matter will be reviewed; or,

5.6.2. That the complaint is outside the jurisdiction of the Board and dismissed, with suggestions as to how the complainant might best obtain a resolution of his or her problem.

5.7. If it determines that the complaint falls with its jurisdiction, the Board shall send a copy of the complaint, including any supporting documentation, by certified mail to the psychologist or supervised psychologist in question for his or her written comment, and he or she shall submit a written response to the Board within thirty (30) days of the date of such correspondence, or waive the right to do so.

5.8. In the event the complaint is against any supervised psychologist, the Board shall also send a copy of the complaint, including any supporting documentation, by certified mail to the supervisor of the supervised psychologist in question for his or her written comment, and he or she shall submit a written response to the Board within thirty (30) days of the date of such correspondence, or waive the right to do so.

5.9. Requests for comment on complaints sent to psychologists or supervised psychologists shall be considered properly served when sent to their last known address. It is the psychologist’s or supervised psychologist’s responsibility to keep the Board informed of his or her current address.

5.10. Upon receipt of a psychologist’s or supervised psychologist’s comments in response to a complaint, the Board shall promptly send a copy of the same, including any supporting documentation, to the complainant who shall be afforded an opportunity to submit a written reply within twenty (20) days.

5.11. Board members shall refrain from contact with all concerned parties pending receipt of the psychologist’s or supervised psychologist’s response or expiration of the time for the psychologist or supervised psychologist to respond.

5.12. After receipt and review of a complaint, initially determined pursuant to sub-section 5.6 of this rule to be within its jurisdiction, the Board shall cause to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations set forth in the complaint.

5.13. The review and investigation of complaints may be assigned to an ethics investigator. In the event a complaint is assigned to an ethics investigator, Board members shall refrain from contact with the ethics investigator as well as all concerned parties pending receipt of the ethics investigator’s report. Provided, That the ethics coordinator may communicate with the ethics investigator for the purpose of facilitating the processing of complaints. Provided further, that the ethics investigator should attempt to communicate with any complainant in writing.

5.14. Upon receipt of a complaint and the psychologist’s or supervised psychologist’s response, as well as any supporting documentation, the ethics investigator shall, within sixty (60) days, review and investigate the same and provide the Board with a report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the care provided, the records reviewed and a statement of the ethics investigator’s findings and recommendations. The ethics investigator shall, upon request, be afforded an opportunity to have an investigation interview with the psychologist or supervised psychologist in question or other involved parties, a report of which shall be placed in the investigation file.

5.15. To facilitate the disposition of a complaint, the Board may request any person to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint. The Board shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. Statements made at a conference may not be introduced at any subsequent hearing on the merits without the consent of all parties to the hearing. No prejudice shall attach for failure to attend a conference pursuant to a request.

5.16. The Board, its president, or the ethics coordinator may issue subpoenas and subpoenas duces tecum to complete the Board’s investigation and to determine the truth or validity of complaints. The ethics investigator may request the Board, its president or the ethics coordinator to issue a subpoena or subpoena duces tecum. Any such request by the ethics investigator shall be accompanied by a brief statement specifying the necessity for the same.

5.17. At any point in the course of an investigation or inquiry into a complaint, the Board, in its discretion, may determine that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a psychologist or supervised psychologist may be sanctioned by the Board: Notice of any such determination shall be forwarded to all parties to the complaint by certified mail. Provided, That in the event the review and investigation of a complaint is assigned to an ethics investigator, the ethics investigator shall make his or her respective findings and recommendations to the Board prior to the Board dismissing the complaint. Provided further that the exercise of the Board’s discretion to dismiss a complaint hereunder or under subsection 5.6 is final and not subject to appeal. Provided however, that for just cause shown, the Board, in its discretion, may reverse its decision to dismiss a complaint hereunder.

5.18. If after its review and investigation of a complaint the Board determines there is reasonable cause to believe that the conduct, practices or acts alleged in a complaint occurred and constitute a violation for which a psychologist or supervised psychologist may be sanctioned by the Board, the Board shall enter an order identifying the substantive allegations set forth in the complaint, requiring the psychologist or supervised psychologist to respond to the allegations and providing notice of a hearing in accordance with the contested case hearing procedures set forth in the rules of the Board. A copy of the order shall be served on the psychologist or supervised psychologist by certified mail.

5.19. The Board may refuse to grant a license, renew a license or suspend a license and may suspend the approval of any supervised psychologist to progress through the licensure application process if it determines there is reasonable cause to believe that a psychologist’s or supervised psychologist’s conduct, practices or acts constitute an immediate danger to the public. The Board shall enter an order stating the grounds for such action, and shall serve a copy of the order on the psychologist or supervised psychologist by certified mail.

5.20. The Board may take any informal action authorized by law which is warranted by its review and investigation of a complaint.

W. Va. Code R. § 17-4-6 Appeals

6.1. Any Person adversely affected by an order of the Board may appeal the order to the Intermediate Court of Appeals in accordance with W. Va. Code §§29A-5-4 and 51-11-1 et seq.

Series 05 Contested Case Hearing Procedure

W. Va. Code R. § 17-5-1 General

1.1. Scope. -- This rule specifies the procedure for the adjudication of contested case hearings before the Board.

1.2. Authority. -- W. Va. Code §§30-21- 6 and 30-1-4.

1.3. Filing Date. -- May 21, 2024.

1.4. Effective Date. -- May 21, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029. §17‑5‑2. Definitions.

The following words and phrases as used in this rule shall have the following meanings, unless the context otherwise requires:

2.1. “Applicant” means any person making application for an original or renewal license or a temporary permit pursuant to W. Va. Code §30-21-1 et seq.

2.2. “Board” means the West Virginia Board of Examiners of Psychologists.

2.3. “Demanding party” means an applicant who has been denied a license to practice psychology by the Board and who, as a result, demands that a hearing be held before the Board on the issue of such denial.

2.4. “Charged party” means a psychologist or supervised psychologist who has been charged by the Board with a violation of W. Va. Code §30-21-1. et seq. and the rules of the Board.

2.5. “License” means a license or temporary permit issued by the Board pursuant to W. Va. Code §30-21-1 et seq.

2.6. “Licensee” means an individual who holds a license to practice psychology issued by the Board.

2.7. “Practice of psychology” means the practice of psychology and the practice of school psychology as defined in W. Va. Code §30-21-2.

2.8. “Psychologist” means licensed psychologist, school psychologist, school psychologist independent practitioner and applicant.

2.9. “Supervised psychologist” means supervised psychologist, supervised school psychologist, and supervised school psychologist independent practitioner.

W. Va. Code R. § 17-5-3 Hearing Procedure

3.1. Any applicant denied a license by order of the Board who believes such denial was in violation of W. Va. Code §§30-1-1 et seq. or 30-21-1 et seq. or the rules of the Board shall be entitled to a hearing on the action denying such license. Any applicant who desires a hearing for this reason must present a written demand for such to the Board. Provided, That requests for hearings shall not include cases in which the Board denies a license or certificate after an examination to test the knowledge or the ability of the applicant where the controversy concerns whether the examination was fair or whether the applicant passed the examination.

3.2. When the president of the Board or his or her authorized designee is presented with such a demand for a hearing, he or she shall schedule a hearing within forty‑five (45) days of receipt by him or her of such written demand, unless postponed to a later date by mutual agreement.

3.3. Any psychologist who has had his or her license suspended and any supervised psychologist who has had their approval to progress through the licensure application process suspended by the Board prior to a hearing on the basis that the psychologist’s or supervised psychologist’s continuation in practice constitutes an immediate danger to the public shall be considered a charged party within the meaning of this rule, and shall be entitled to a hearing on the action as set forth herein.

3.4. Charges may be instituted against any psychologist or supervised psychologist by the Board when reasonable cause exists for believing that the psychologist or supervised psychologist may have engaged in conduct, practices or acts such that his or her license or approval to progress through the licensing process should be suspended, revoked or otherwise disciplined for one or more of the grounds set forth in W. Va. Code §30-21-1 et seq. or rules of the Board. Charges may be based upon information received by way of a written complaint filed with the Board and further information gathered by the Board in the process of investigating such complaint. Charges may also be based upon information received solely through investigative activities undertaken by the Board.

3.5. Charges instituted against a psychologist or supervised psychologist as described in section 3.4. of this rule shall be set forth in a Complaint and Notice of Hearing issued in the name of the Board. Such Complaint and Notice of Hearing shall designate the Board as the “Complainant”, and shall designate the psychologist or supervised psychologist involved in the proceeding as the “Respondent”; shall set out the substance of each offense charged with sufficient particularity to reasonably apprize the Respondent of the nature, time and place of the conduct, practices or acts complained of therein; shall state the date, time and place for the hearing; and, shall contain a statement of intention by the Board to appoint a hearing examiner.

3.6. Upon receipt of a demand for a hearing described in sections 3.1. and 3.2. of this section, the president or his or her designee shall provide the demanding party, with a Complaint and Notice of Hearing issued in the name of the Board. Such Complaint and Notice of Hearing shall designate the demanding party as the “Complainant” and shall designate the Board as the “Respondent”; shall set out the substance of each and every reason that the Board has denied the demanding party a license with sufficient particularity to reasonably apprize the demanding party of the nature, time and place of the conduct or condition at issue therein; shall state the date, time and place for the hearing; and, shall contain a statement of intention by the Board to appoint a hearing examiner.

3.7. The Respondent, whether a charged party or a demanding party, shall, within thirty (30) days of the date of the issuance of the Complaint and Notice of Hearing, serve an answer, in writing, on the Board. The Respondent may respond personally or through his or her attorney, but the answer shall address the substantive allegations set forth in the Board’s complaint or order.

3.8. The Board may amend the charges set forth in a Complaint and Notice of Hearing as it deems proper.

3.9. A Complaint and Notice of Hearing shall be served upon the demanding or charged party at least thirty (30) days prior to the date of hearing.

3.10. Upon written motion received by the Board no later than twenty (20) days prior to the date of hearing, a more definite statement of the matters charged or the reasons stated for denial of licensure shall be provided to the demanding or charged party or his or her counsel, at least fifteen (15) days prior to the hearing date.

3.11. Hearings shall be conducted as follows:

3.11.1. Any party to a hearing shall have the right to be represented by an attorney‑at‑law, duly qualified to practice law in the state of West Virginia.

3.11.2. The Board may be represented by the West Virginia Attorney General’s Office.

3.11.3. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded from the hearing. Furthermore, the rules of evidence as applied in civil cases in the circuit courts of this state shall be followed. However, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

3.11.4. The rules of privilege recognized by the law of this state shall be followed.

3.11.5. Objections to evidentiary offers shall be noted in the record. Any party to the hearing may vouch the record as to any excluded testimony or other evidence.

3.11.6. Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate by the Board or its designated hearing examiner; and, when appropriate, may cross‑examine witnesses called by the Board in support of the charges or in defense of its decision to deny licensure.

3.11.7. The hearing shall be held at such time and place as is designated by the Board, but no hearing shall be conducted unless and until at least thirty (30) days written notice thereof has been served upon the charged or demanding party or his or her attorney in person; or if he or she cannot be found, by delivering such notice at his or her usual place of abode, and giving information of its purport, to his wife or her husband, or to any other person found there who is a member of his or her family and above the age of sixteen (16) years; or if neither his wife or her husband nor any such person can be found there, and he or she cannot be found, by leaving such notice posted at the front door of such place of abode; or if he or she does not reside in this state, such notice may be served by the publication thereof once a week for three successive weeks in a newspaper published in this state; or such notice may be served by registered or certified mail.

3.11.8. The hearing shall be open to the general public.

3.11.9. Members of the Board and its officers, agents and employees shall be competent to testify at the hearing as to material and relevant matters: Provided, That no member of the Board who testifies at such hearing shall thereafter participate in the deliberations or decisions of the Board with respect to the case in which he or she testified.

3.11.10. The hearing may be conducted by one or more Board members or by a hearing examiner appointed by the Board.

3.11.11. A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Board's files. Upon request, a copy of the transcript shall be furnished to any party at his or her expense.

3.11.12. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

3.11.13. Where a hearing is held upon the instance of the Board after charges have been brought against a psychologist or supervised psychologist pursuant to section 3.4. and 3.5. of this section, the Board shall have the burden of proof and shall present its evidence and/or testimony in support of the charges first.

3.11.14. Where a hearing is held upon demand under the provisions of sections 3.1., 3.2 ., 3.3., and 3.6. of this action, the demanding party shall have the burden of proof and shall therefore be required to present his or her evidence first.

3.11.15. Following the conclusion of the Board's presentation of evidence in accordance with section 3.11.13. of this section the Respondent or charged party shall have the right to submit his or her evidence in defense.

3.11.16. Following the conclusion of the demanding party’s presentation of evidence in accordance with section 3.11.14. of this section, the Board shall have the right to submit its evidence in defense.

3.11.17. The Board may call witnesses to testify in support of its decision to deny licensure or in support of the charges instituted against a licensee; may present such other evidence to support its position; and may cross‑examine witnesses called by the demanding party or charged party in support of his or her position.

3.11.18. All parties shall have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation.

3.11.19. Hearings held by the Board as a result of charges instituted against a psychologist or supervised psychologist may be continued or adjourned to a later date or a different place by the Board or its designee by appropriate notice to all parties.

3.11.20. Motions for a continuance of a hearing may be granted upon a showing of good cause. Motions for continuance must be in writing and received in the office of the Board no later than seven (7) days before the hearing date. In determining whether good cause exists, consideration will be given to the ability of the party requesting the continuance to proceed effectively without a continuance. A motion for a continuance filed less than seven (7) days from the date of hearing shall be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of hearing shall be ruled on by the Executive Secretary of the Board. All other motions for continuance shall be ruled on by the Board member(s) or the hearing examiner presiding over the hearing.

3.11.21. All motions related to a case set for hearing before the Board, except motions for continuance and those made during the hearing, shall be in writing and shall be received in the office of the Board at least ten (10) days before the hearing. Prehearing motions shall be heard at a prehearing conference or at the hearing prior to the Commencement of testimony. The Board member(s) or the hearing examiner presiding at the hearing shall hear the motions and the response from the non‑moving party and shall rule on such motions accordingly.

W. Va. Code R. § 17-5-4 Transcription of Testimony and Evidence

4.1. All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be reported by stenographic notes and characters or by mechanical means.

4.2. All reported materials shall be transcribed. The Board shall have the responsibility to make arrangements for the transcription of the reported testimony and evidence.

4.3. Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the Board or its appointed hearing examiner, shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

4.4. A transcript of the hearing shall be provided to all members of the Board for review at least ten (10) days before the vote is taken on its decision in any licensure or disciplinary matter.

W. Va. Code R. § 17-5-5 Submission of Proposed Findings of Fact and Conclusions of Law

5.1. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Board or its duly appointed hearing examiner.

W. Va. Code R. § 17-5-6 Hearing Examiner

6.1. The Board may appoint a hearing examiner who shall be empowered to subpoena witnesses and documents, administer oaths and affirmations, examine witnesses under oath, rule on evidentiary matters, hold conferences for the settlement or simplification of issues by consent of the parties, cause to be prepared a record of the hearing so that the Board is able to discharge its functions and otherwise conduct hearings as provided in subsection 3.11. of this rule.

6.2. Hearing examiners appointed by the Board are not authorized or empowered to grant, suspend, revoke or otherwise discipline any psychologist or supervised psychologist.

6.3. The hearing examiner shall prepare recommended findings of fact and conclusions of law for submission to the Board. The Board may adopt, modify or reject such findings of fact and conclusions of law.

W. Va. Code R. § 17-5-7 Conferences; Informal Disposition of Cases

7.1. At any time prior to the hearing or thereafter, the Board, its designee or its duly appointed hearing examiner may hold conferences for the following purposes:

7.1.1. To dispose of procedural requests, prehearing motions or similar matters;

7.1.2. To simplify or settle issues by consent of the parties; or,

7.1.3. To provide for the informal disposition of cases by stipulation or agreement.

7.2. The Board or its appointed hearing examiner may cause such conferences to be held on its own motion or by the request of a party.

7.3. The Board may also initiate or consider stipulation or agreement proposals with regard to the informal disposition of cases and may enter into such stipulations and/or agreements without conference.

W. Va. Code R. § 17-5-8 Depositions

8.1. Evidentiary depositions may be taken and read or otherwise included into evidence as in civil actions in the circuit courts of this state.

W. Va. Code R. § 17-5-9 Subpoenas

9.1. Subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel the production of documents may be issued by the Board, its President, and by the hearing examiner appointed by the Board. Such subpoenas shall be issued pursuant to W. Va. Code §29A‑5‑1(b).

9.2. Written requests by a party for the issuance of subpoenas or subpoenas duces tecum as provided in section 9.1. of this section must be received by the Board no later than ten (10) days before a scheduled hearing. Any party requesting the issuance of subpoenas duces tecum shall see that they are properly served in accordance with W. Va. Code §29A‑5‑1(b). §17‑5‑10. Orders.

10.1. Any final order entered by the Board following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of W. Va. Code §§29A‑5‑3 and 30‑21‑11. Such orders shall be entered within forty‑five (45) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law.

10.2. The findings of fact and conclusions of law must be approved by a majority of the Board either by a poll or vote at a regular meeting before a final order is entered. A copy of the final order approved by a majority of the Board shall be served upon the demanding or charged party or his or her attorney of record, if any, within five (5) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 17-5-11 Penalties

11.1. In connection with its review and investigation of a complaint against a psychologist or supervised psychologist, the Board is authorized to enter into consent decrees, to reprimand, to enter into probation orders and to levy fines not to exceed one thousand dollars per day per violation, or any of these, singly or in combination.

11.2. The Board is further authorized to place a supervised psychologist on probation, to require additional years of supervision for supervised psychologists, to limit, restrict, suspend or revoke the approval of any supervised psychologist to progress through the licensure application process, to place a licensee on probation or to limit, restrict, suspend or revoke any license issued by the Board.

11.3. Probation, limitations and restrictions on psychologists and supervised psychologists may involve the imposition of any lawful conditions and requirements for a period of time, which the Board in its discretion deems just and proper, including, but not necessarily limited to, counseling or psychotherapy, special supervision, limitations on the types of patients which can be treated and additional training or education.

W. Va. Code R. § 17-5-12 Appeal

12.1. Any person adversely affected by an order of the Board may appeal the order to the Intermediate Court of Appeals in accordance with W.Va. Code §§29A-5-4 and 51-11-1 et seq.

Series 06 Code of Conduct

W. Va. Code R. § 17-6-1 General

1.1. Scope. -- These legislative rules define the code of conduct for psychologists and school psychologists

1.2. Authority. -- W. Va. Code §30-21-6.

1.3. Filing Date. -- May 9, 2023.

1.4. Effective Date. -- May 9, 2023.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.

W. Va. Code R. § 17-6-2 Purpose, Scope, Responsibility, Violations, and Aids to Interpretation

2.1. The purpose of the rules within this Code of Conduct constitutes the standards against which the required professional conduct of a psychologist or school psychologist is measured.

2.2. The scope of the psychologist shall be governed by this Code of Conduct whenever providing psychological services in any context. This Code shall not supersede state or federal statutes. This Code shall apply to the conduct of all licensees and applicants, including the applicants conduct during the period of education, training, supervision, and employment which is required for licensure. The terms Psychologist and School Psychologist, as used within this Code, shall be interpreted accordingly.

2.3. The psychologist shall be responsible for his/her own professional decisions and professional actions.

2.4. A violation of this Code of Conduct constitutes unprofessional conduct and is sufficient reason for disciplinary action or denial of either original licensure or reinstatement of licensure.

2.5. Ethics codes and standards for providers promulgated by the Association of State and Provincial Psychology Boards (ASPPB), the American Psychological Association, and other relevant professional groups shall be used as an aid in resolving ambiguities which may arise in the interpretation of this Code of Conduct, except that this Code of Conduct shall prevail whenever any conflict exists between this Code and any professional association standard.

W. Va. Code R. § 17-6-3 Definitions Psychologist, School Psychologist, Client, Court Order, Licensed, Professional Relationship, Professional Service and Supervisees

3.1. The term Psychologist means licensed psychologist, licensed school psychologist, supervised psychologist, and supervised school psychologist.

3.2. The term Client, also known as patient is: (a) A direct recipient of psychological services within the context of a professional relationship including a child, adolescent, adult, couple, family, group, organization, community, or other populations, or other entities receiving psychological services; (b) The individual or entity requesting the psychological services and not necessarily the recipient of those services (e.g., an evaluation that is court-ordered, requested by an attorney, an agency, other administrative body or organization or business); (c) An organization, such as a business, corporate entity, community or government that receives services directed primarily to the organization, rather than to the individuals associated with the organization; or (d) An individual with a legal guardian, including minors and legally incompetent adults; the legal guardian shall be the client for decision making purposes, except that the individual receiving services shall be the client for issues directly affecting the physical or emotional safety of the individual, such as sexual or other exploitative dual relationships, or issues specifically reserved to the individual, and agreed to by the guardian prior to rendering of services, such as confidential communication in a therapy relationship.

3.2.a. In the case of individuals with legal guardians, including minors and legally incompetent adults, the legal guardian shall be the client for decision making purposes, except that the individual receiving services shall be the client for (a) issues directly affecting the physical or emotional safety of the individual, such as sexual or other exploitive multiple relationships, and (b) issues specifically reserved to the individual, and agreed to by the guardian prior to rendering of services, such as confidential communication in a therapy relationship.

3.3. Confidential information means information revealed by a client or clients or otherwise obtained by a psychologist, where there is reasonable expectation that because of the relationship between the client(s) and the psychologist, or the circumstances under which the information was revealed or obtained, the information shall not be disclosed by the psychologist without the informed written consent of the client(s).

3.4. Court order means the written or oral communication of a member of the judiciary, or other court magistrate or administrator, if such authority has been lawfully delegated to such magistrate or administrator. A subpoena is not a court order.

3.5. Licensed means licensed, certified, registered, or any other term when such term identifies a person whose professional behavior is subject to regulation by the Board.

3.6. Professional relationship means a mutually agreed upon relationship between a psychologist and a client(s) for the purpose of the client(s) obtaining the psychologists professional expertise.

3.7. Professional service means all actions of the psychologist in the context of a professional relationship with a client.

3.8. Supervisee means any person who functions under the extended authority of the psychologist to provide, or while in training to provide, psychological services. Supervisees include but are not limited to supervised psychologists or supervised school psychologists.

W. Va. Code R. § 17-6-4 Competence Limits on Practice, Maintaining Competency, Accurate Representation, Adding New Services and Techniques, Referral, Sufficient Professional Information, Maintenance and Retention of Records, Continuity of Care, and Providing Supervision

4.1. The psychologist shall limit practice and supervision to the areas of competence in which proficiency has been gained through education, training, and experience

4.2. The psychologist shall maintain current competency in the areas in which he/she practices, through continuing education, consultation, and/or other procedures, in conformance with current standards of scientific and professional knowledge.

4.3. A licensee shall accurately represent his or her areas of competence, education, training, experience, and professional affiliations to the Board, the public, and colleagues.

4.4. The psychologist, when developing competency in a service or technique that is either new to the psychologist or new to the profession, shall engage in ongoing consultation with other psychologists or relevant professionals shall seek appropriate education and training in the new area, and shall seek and acquire Board approval for new services and techniques. The psychologist shall inform clients of the innovative nature and the known risks associated with the services, so that the client can exercise freedom of choice concerning such services.

4.5. The psychologist shall make or recommend referral to other professional, technical, or administrative resources when such referral is clearly in the best interests of the client.

4.6. A psychologist rendering a formal professional opinion about a person, for example about the fitness of a parent in a custody hearing, shall not do so without direct and substantial professional contact with or a formal assessment of that person.

4.7. Professional records shall be maintained by a psychologist rendering professional services to an individual client (or a dependent), or services billed to a third-party payor.

4.7.a. These records shall include (a) the name of the client and other identifying information, (b) the presenting problem(s) or purpose or diagnosis, (c) the fee arrangement, (d) the date and substance of each billed or service-count contractor service, (e) any test results or other evaluative results obtained and any basic test data from which they were derived, (f) notation and results of formal consults with other providers, (g) a copy of all test or other evaluative reports prepared as part of the professional relationship, (h) any releases executed by the client.

4.7.b. To meet the requirements of this rule, to provide a formal record for review, but not necessarily for other legal purposes, the psychologist shall assure that all data entries in the professional records are maintained for a period of not less than five years after the last date that service was rendered or for a longer period if required by law.

4.7.c. The psychologist shall store and dispose of written, electronic and other records in such a manner as to insure their confidentiality. The psychologist shall maintain the confidentiality of all psychological records in the psychologist's possession or under the psychologist's control except as otherwise provided by law or pursuant to written or signed authorization of a client specifically requesting or authorizing release or disclosure of the client's psychological records.

4.7.d. For each person, professionally supervised, the psychologist shall maintain for a period of not less than five years after the last date of supervision a record that shall include, among other information, the type, place, and general content of the supervision.

4.8. Continuity of care. The psychologist shall make arrangements for another appropriate professional or professionals to deal with emergency needs of his/her clients, as appropriate, during periods of his/her foreseeable absences from professional availability.

4.9. Providing supervision. The psychologist shall exercise appropriate supervision over supervisees, as set forth in the rules and regulations of the Boards.

4.10. Delegating professional responsibility. The psychologist shall not delegate professional responsibilities to a person not appropriately credentialed or otherwise appropriately qualified to provide such services.

W. Va. Code R. § 17-6-5 Multiple Relationships Definition of Multiple Relationships, Prohibited Multiple Relationships and Sexual Relationships

5.1. Definition of multiple relationships. Psychologists recognize that multiple relationships may occur because of the psychologist's present or previous familial, social, emotional, financial, supervisory, political, administrative or legal relationship with the client or a relevant person associated with or related to the client. Psychologists take reasonable steps to ensure that if such a multiple relationship occurs, it is not exploitative of the client or a relevant person associated with or related to the client.

5.1.a. Prohibited Multiple Relationships - A multiple relationship that is exploitative of the client or a relevant person associated with or related to the client is prohibited. Psychologists take all reasonable steps to ensure that any multiple relationships do not impair the psychologist's professional judgment or objectivity or result in a conflict of interest with the client or a relevant person associated with or related to the client.

5.1.b. Multiple relationships that would not reasonably be expected to impair a psychologist's judgment or objectivity or risk harm to the client or relevant person associated with or related to the client are not expressly prohibited.

5.2. Sexual Relationships

5.2.a. Psychologists do not engage in sexual intimacies with current clients.

5.2.b. Psychologists do not engage in sexual intimacies with individuals they know to be close relatives, guardians, or significant others of current clients.

5.2.c. Psychologists do not terminate the professional relationship to circumvent this standard.

5.2.d. Psychologists do not accept as therapy clients, persons with whom they have engaged in sexual intimacies.

5.2.e. Psychologists do not engage in sexual intimacies with former clients to whom the psychologist has at any time within the previous 24 months provided a psychological service including but not limited to performing an assessment or rendering counseling, psychotherapeutic, or other professional psychological services for the evaluation, treatment or amelioration of emotional distress or behavioral inadequacy.

5.2.f. The prohibitions set out in (e) above shall not be limited to the 24-month period but shall extend indefinitely if the client is proven to be clearly vulnerable, by reason of emotional or cognitive disorder, to exploitative influence by the psychologist.

W. Va. Code R. § 17-6-6 Impairment

6.1. Impaired psychologist. The psychologist shall not undertake or continue a professional relationship with a client when the psychologist is, or could reasonably be expected by the Board to be, impaired due to mental, emotional, physiologic, pharmacologic, or substance abuse conditions. If such a condition develops after a professional relationship has been initiated, the psychologist shall terminate the relationship in an appropriate manner, shall notify the client in writing of the termination, and shall assist the client in obtaining services from another professional.

W. Va. Code R. § 17-6-7 Client Welfare Explanation of Procedures, Termination of Services, Stereotyping, Solicitation of Business by Clients, Referrals on Request and Harassment

7.1. Providing explanation of procedures. The psychologist shall give a truthful, understandable, and appropriate account of the client's condition to the client or to those responsible for the care of the client. The psychologist shall keep the client fully informed as to the purpose and nature of any evaluation, treatment, or other procedures, and of the client's right to freedom of choice regarding services provided.

7.2. Termination of services. Whenever professional services are terminated, if feasible, the psychologist shall offer to help locate alternative sources of professional services or assistance when indicated. The psychologist shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from the relationship, and, if feasible, shall prepare the client appropriately for such termination. A psychologist may terminate a professional relationship when threatened or otherwise endangered by the client or another relevant person associated with or related to the client.

7.3. Stereotyping. The psychologist shall not impose on the client any stereotypes of behavior, values, or roles related to age, gender, religion, race, disability, nationality, sexual orientation, or diagnosis which would interfere with the objective provision of psychological services to the client.

7.4. Solicitation of business by clients. The psychologist providing services to an individual client shall not induce that client(s) to solicit business on behalf of the psychologist.

7.5. Referrals on request. The psychologist providing services to a client shall, if feasible, make an appropriate referral of the client to another professional when requested to do so by the client.

7.6. Harassment. Psychologists do not engage in any verbal or physical behavior with clients which is seductive, demeaning or harassing.

W. Va. Code R. § 17-6-8 Welfare of Supervisees, and Participants and Students

8.1. Welfare of supervisees. The psychologist shall not engage in any verbal or physical behavior with supervisees which is seductive, demeaning or harassing or exploit a supervisee in any way -- sexually, financially or otherwise.

8.2. Welfare of research participants. The psychologist shall respect the dignity and protect the welfare of his/her research participants, and shall comply with all relevant statutes and administrative rules concerning treatment of research participants.

8.3. Welfare of students. The psychologist shall not engage in any verbal or physical behavior with students which is seductive, demeaning or harassing or exploit a student in any way sexually, financially or otherwise.

W. Va. Code R. § 17-6-9 Protecting Confidentiality of Clients

9.1. In general, the psychologist shall safeguard the confidential information obtained in the course of practice, teaching, research, or other professional services. With the exceptions set forth below or in accordance with any federal, state or provincial statute or regulation, the psychologist shall disclose confidential information to others only with the informed written consent of the client.

9.2. Disclosure without informed written consent. The psychologist may disclose confidential information without the informed written consent of the client when the psychologist judges that disclosure is necessary to protect against a clear and substantial risk of imminent serious harm being inflicted by the client on the client or another person. In such case, the psychologist shall limit disclosure of the otherwise confidential information to only those persons and only that content which would be consistent with the standards of the profession in addressing such problems. When the client is an organization, disclosure shall be made only after the psychologist has made a reasonable and unsuccessful attempt to have the problems corrected within the organization.

9.3. Services involving more than one interested party. In a situation in which more than one party has an appropriate interest in the professional services rendered by the psychologist to a client or clients, the psychologist shall, to the extent possible, clarify to all parties prior to rendering the services the dimensions of confidentiality and professional responsibility that shall pertain in the rendering of services. Such clarification is specifically indicated, among other circumstances, when the client is an organization.

9.4. Multiple clients. When service is rendered to more than one client during a joint session, for example to a family or a couple or a parent and child or a group, the psychologist shall at the beginning of the professional relationship clarify to all parties the manner in which confidentiality will be handled. All parties shall be given opportunity to discuss and to accept whatever limitations to confidentiality adhere in the situation.

9.5. Legally dependent clients. At the beginning of a professional relationship, to the extent that the client can understand, the psychologist shall inform a client who is below the age of majority or who has a legal guardian, of the limit the law imposes on the right of confidentiality with respect to his/her communications with the psychologist.

9.6. Limited access to client records. The psychologist shall limit access to client records to preserve their confidentiality and shall assure that all persons working under the psychologist's authority comply with the requirements for confidentiality of client material.

9.7. Release of confidential information. The psychologist may release confidential information upon court order, as defined in Section II of this Code, or to conform with state, federal or provincial law, rule, or regulation.

9.8. Reporting of abuse of children and vulnerable adults. The psychologist shall be familiar with any relevant law concerning the reporting of abuse of children and vulnerable adults, and shall comply with such laws.

9.9. Discussion of client information among professionals. When rendering professional services as part of a team or when interacting with other appropriate professionals concerning the welfare of the client, the psychologist may share confidential information about the client provided the psychologist takes reasonable steps to assure that all persons receiving the information are informed about the confidential nature of the information and abide by the rules of confidentiality.

9.10. Disguising confidential information. When case reports or other confidential information is used as the basis of teaching, research, or other published reports, the psychologist shall exercise reasonable care to insure that the reported material is appropriately disguised to prevent client identification.

9.11. Observation and electronic recording. The psychologist shall ensure that observation or electronic recording of a client occur only with the informed written consent of the client.

9.12. Confidentiality after termination of professional relationship. The psychologist shall continue to treat as confidential information regarding a client after the professional relationship between the psychologist and the client has ceased.

W. Va. Code R. § 17-6-10 Representation of Services

10.1. Display of license. The psychologist shall display his/her current (name of jurisdiction) license to practice psychology, on the premises of his/her professional office.

10.2. Misrepresentation of qualifications. The psychologist shall not misrepresent directly or by implication his/her professional qualifications such as education, experience, or areas of competence.

10.3. Misrepresentation of affiliations. The psychologist shall not misrepresent directly or by implication his/ her affiliations, or the purposes or characteristics of institutions and organizations with which the psychologist is associated.

10.4. False or misleading information. The psychologist shall not include false or misleading information in public statements concerning professional services offered.

10.5. Misrepresentation of services or products. The psychologist shall not associate with or permit his/her name to be used in connection with any services or products in such a way as to misrepresent (a) the services or products, (b) the degree of his/her responsibility for the services or products, or (c) the nature of his/her association with the services or products.

10.6. Correction of misrepresentation by others. The psychologist shall correct others who misrepresent the psychologist's professional qualifications or affiliations.

W. Va. Code R. § 17-6-11 Fees and Statements 11.1 Disclosure of cost of services. The psychologist shall not mislead or withhold from the client, a prospective client, or third party payor, information about the cost of his/her professional services

11.2. Reasonableness of fee. The psychologist shall not exploit the client or responsible payor by charging a fee that is excessive for the services performed or by entering into an exploitive bartering arrangement in lieu of a fee.

W. Va. Code R. § 17-6-12 Assessment Procedures

12.1. Confidential information. The psychologist shall treat an assessment result or interpretation regarding an individual as confidential information.

12.2. Communication of results. The psychologist shall accompany communication of results of assessment procedures to the client, parents, legal guardians or other agents of the client by adequate interpretive aids or explanations.

12.3. Reservations concerning results. The psychologist shall include in his/her report of the results of a formal assessment procedure, for which norms are available, any deficiencies of the assessment norms for the individual assessed and any relevant reservations or qualifications which affect the validity, reliability, or other interpretation of results.

12.4. Protection of integrity of assessment procedures. The psychologist shall not reproduce or describe in popular publications, lectures, or public presentations psychological tests or other assessment devices in ways that might invalidate them.

12.5. Information for professional users. The psychologist offering an assessment procedure or automated interpretation service to other professionals shall accompany this offering by a manual or other printed materials which fully describes the development of the assessment procedure or service, the rationale, evidence of validity and reliability, and characteristics of the normative population. The psychologist shall explicitly state the purpose and application for which the procedure is recommended and identify special qualifications required to administer and interpret it properly. The psychologist shall ensure that the advertisements for the assessment procedure or interpretive service are factual and descriptive.

12.6. Psychologists provide opinions of the psychological characteristics of individuals only after they have conducted an examination of the individuals adequate to support their statements or conclusions.

12.7. When, despite reasonable efforts, such an examination is not practical, psychologists document the efforts they made and the result of those efforts, clarify the probable impact of their limited information on the reliability and validity of their opinions and appropriately limit the nature and extent of their conclusions or recommendations.

W. Va. Code R. § 17-6-13 Test Scoring and Interpretation Services

13.1. Psychologists retain responsibility for the appropriate application, interpretation and use of assessment instruments, whether they score and interpret such tests themselves or use automated or other services. When using automated interpretation programs, psychologists shall analyze and interpret test data and the computer-generated interpretation report and apply pertinent findings to the specific client. If using the computer-generated interpretation report word for word, psychologists shall place such information in quotes and identify the source.

13.1.a. Psychologists who offer assessment or scoring services to other professionals accurately describe the purpose, norms, validity, reliability and applications of the procedures and any special qualifications applicable to their use.

13.1.b. Psychologists select scoring and interpretation services (including automated services) on the basis of evidence of the validity of the program and procedures as well as on other appropriate considerations.

W. Va. Code R. § 17-6-14 Maintaining Test Security

14.1. Psychologists shall maintain the integrity and security of assessment-materials, assessment data, and other assessment techniques consistent with law and contractual obligations, and in adherence to this ethics code.

14.2. The term assessment-materials refers to manuals, instruments, protocols, raw scores, client responses to test questions or stimuli, test questions or stimuli: psychologists' notes and recordings concerning client/patient statements and behavior during an examination; as well as responses of significant others, parents, teachers, and other third-parties to collateral assessment instrument questions or stimuli.

14.3. Psychologists shall only release assessment-materials to other psychologists who are qualified to interpret such information.

14.4. The term assessment-data refers to T-scores, standard-scores, index-scores, IQ-scores, scaled scores and similar scores. The term assessment-data does not include raw scores.

14.5. In their reports psychologists include assessment-data sufficient that evaluation results may be explained.

14.6. Pursuant to a client/patient release, psychologists provide test data to the client/patient or other persons identified in the release.

14.7. Psychologists shall refrain from releasing assessment-data to protect a client/patient or others from substantial harm or misuse or misrepresentation of the data or the test, recognizing that in many instances release of confidential information under these circumstances is regulated by law.

14.8. In the absence of a client/patient release, psychologists provide test data only as required by law or court order.

W. Va. Code R. § 17-6-15 Violations of Law

15.1. Psychologists shall not violate any applicable statute or administrative rule regulating the practice of psychology.

15.2. Use of fraud, misrepresentation, or deception. Psychologists shall not use fraud, misrepresentation, or deception in obtaining a psychology license, in passing a psychology licensing examination, in assisting another to obtain a psychology license or to pass a psychology licensing examination, in billing clients or third party payors, in providing psychological service, in reporting the results of psychological evaluations or services, or in conducting any other activity related to the practice of psychology.

W. Va. Code R. § 17-6-16 Aiding Unauthorized Practice

16.1. Psychologists shall not aid or abet another person in misrepresenting his/her professional credentials or in illegally engaging in the practice of psychology.

16.2. Psychologists shall not delegate professional responsibilities to a person not appropriately credentialed or otherwise appropriately qualified to provide such services.

W. Va. Code R. § 17-6-17 Resolving Ethical Issues

17.1. If psychologists learn of misuse or misrepresentation of their work, they take reasonable steps to correct or minimize the misuse or misrepresentation.

17.2. If psychologists ethical responsibilities conflict with law, regulations or other governing legal authority, psychologists clarify the nature of the conflict, make known their commitment to the Ethics Code and take reasonable steps to resolve the conflict consistent with the Ethics Code. Under no circumstances may this standard be used to justify or defend violating human rights.

17.3. If the demands of an organization with which psychologists are affiliated or for whom they are working are in conflict with this Ethics Code, psychologists clarify the nature of the conflict, make known their commitment to the Ethics Code and take reasonable steps to resolve the conflict consistent with the ethics code. Under no circumstances may this standard be used to justify or defend violating human rights.

17.4. When psychologists believe that there may have been an ethical violation by another psychologist, they attempt to resolve the issue by bringing it to the attention of that individual, if an informal resolution appears appropriate and the intervention does not violate any confidentiality rights that may be involved.

W. Va. Code R. § 17-6-18 Reporting Suspected Violations

18.1. Reporting of violations to Board. If required by statute and/or the psychologist who has substantial reason to believe that there has been a violation of the statutes or rules of the Board, that might reasonably be expected to be harmful, shall report such violation to the Board. Unless required by statute, the client's name may be provided only with the written consent of the client.

18.2. Providing information to client. When a psychologist learns from a client of a possible violation of the statutes or rules of the Board, or when a psychologist receives a request from a client for information on how to file a complaint with the Board, the psychologist has an obligation to inform the client of the standards of practice of psychology and how to file a complaint with the Board.

W. Va. Code R. § 17-6-19 Psychological Service Delivered via Employers and Organization

Psychologists shall adhere to this ethical code even if their Employers and employer organizations direct, attempt to influence them or pressure them to act unethically.

W. Va. Code R. § 17-6-20 Education and Training

20.1. Psychologists responsible for education and training programs take reasonable steps to ensure that the programs are designed to provide the appropriate knowledge and proper experiences, and to meet the requirements for licensure, certification or other goals for which claims are made by the program.

20.2. Psychologists responsible for education and training programs take reasonable steps to ensure that there is a current and accurate description of the program content (including participation in required course- or program-related counseling, psychotherapy, experiential groups, consulting projects or community service), training goals and objectives, stipends and benefits and requirements that must be met for satisfactory completion of the program. This information must be made readily available to all interested parties.

20.3. Psychologists (a) take reasonable steps to ensure that course syllabi are accurate regarding the subject matter to be covered, bases for evaluating progress and the nature of course experiences. This standard does not preclude an instructor from modifying course content or requirements when the instructor considers it pedagogically necessary or desirable, so long as students are made aware of these modifications in a manner that enables them to fulfill course requirements. (b) When engaged in teaching or training, psychologists present psychological information accurately.

20.4. Psychologists do not require students or supervisees to disclose personal information in course- or program-related activities, either orally or in writing, regarding sexual history, history of abuse and neglect, psychological treatment and relationships with parents, peers and spouses or significant others except if (a) the program or training facility has clearly identified this requirement in its admissions and program materials or (b) the information is necessary to evaluate or obtain assistance for students whose personal problems could reasonably be judged to be preventing them from performing their training- or professionally related activities in a competent manner or posing a threat to the students or others.

20.5. Mandatory individual or group therapy: (a) When individual or group therapy is a program or course requirement, psychologists responsible for that program allow students in undergraduate and graduate programs the option of selecting such therapy from practitioners unaffiliated with the program. (b) Faculty who are or are likely to be responsible for evaluating students' academic performance do not themselves provide that therapy.

20.6. Assessing student and supervisee performance: (a) In academic and supervisory relationships, psychologists establish a timely and specific process for providing feedback to students and supervisees. Information regarding the process is provided to the student at the beginning of supervision. (b) Psychologists evaluate students and supervisees on the basis of their actual performance on relevant and established program requirements.

20.7. Sexual relationships with students and supervisees are prohibited. Psychologists do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative authority.

20.8. When students are providing group and/or individual therapy as part of a class or practicum requirement, psychologists shall assure that informed consent, from clients, parents of clients, or guardians of clients is obtained. The informed consent should clearly indicate if any recording of voices or images will occur.

W. Va. Code R. § 17-6-21 Research and Publication. 21.1 Institutional approval: When institutional approval is required, psychologists provide accurate information about their research proposals and obtain approval prior to conducting the research. They conduct the research in accordance with the approved research protocol

21.2. Informed consent to research (a) When obtaining informed consent psychologists inform participants about (1) the purpose of the research, expected duration and procedures; (2) their right to decline to participate and to withdraw from the research once participation has begun; (3) the foreseeable consequences of declining or withdrawing; (4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort or adverse effects; (5) any prospective research benefits; (6) limits of confidentiality; (7) incentives for participation; and (8) whom to contact for questions about the research and research participants' rights. They provide opportunity for the prospective participants to ask questions and receive answers. (b) Psychologists conducting intervention research involving the use of experimental treatments clarify to participants at the outset of the research (1) the experimental nature of the treatment; (2) the services that will or will not be available to the control group(s) if appropriate; (3) the means by which assignment to treatment and control groups will be made; (4) available treatment alternatives if an individual does not wish to participate in the research or wishes to withdraw once a study has begun; and (5) compensation for or monetary costs of participating including, if appropriate, whether reimbursement from the participant or a third-party payor will be sought.

21.3. Informed consent for recording voices and images in research. Psychologists obtain informed consent from research participants prior to recording their voices or images for data collection unless (1) the research consists solely of naturalistic observations in public places, and it is not anticipated that the recording will be used in a manner that could cause personal identification or harm, or (2) the research design includes deception, and consent for the use of the recording is obtained during debriefing.

21.4. Client/Patient, student, and subordinate research participants: (a) When psychologists conduct research with clients/patients, students or subordinates as participants, psychologists take steps to protect the prospective participants from adverse consequences of declining or withdrawing from participation. (b) When research participation is a course requirement or an opportunity for extra credit, the prospective participant is given the choice of equitable alternative activities.

21.5. Dispensing with informed consent for research: psychologists may dispense with informed consent only (1) where research would not reasonably be assumed to create distress or harm and involves (a) the study of normal educational practices, curricula, or classroom management methods conducted in educational settings; (b) only anonymous questionnaires, naturalistic observations or archival research for which disclosure of responses would not place participants at risk of criminal or civil liability or damage their financial standing, employability or reputation, and confidentiality is protected; or (c) the study of factors related to job or organization effectiveness conducted in organizational settings for which there is no risk to participants' employability, and confidentiality is protected or (2) where otherwise permitted by law or federal or institutional regulations.

21.6. When offering inducements for research participation, psychologists (a) make reasonable efforts to avoid offering excessive or inappropriate financial or other inducements for research participation when such inducements are likely to coerce participation. (b) When offering professional services as an inducement for research participation, psychologists clarify the nature of the services, as well as the risks, obligations and limitations.

21.7. Deception in research (a) Psychologists do not conduct a study involving deception unless they have determined that the use of deceptive techniques is justified by the study's significant prospective scientific, educational or applied value and that effective nondeceptive alternative procedures are not feasible. (b) Psychologists do not deceive prospective participants about research that is reasonably expected to cause physical pain or severe emotional distress. (c) Psychologists explain any deception that is an integral feature of the design and conduct of an experiment to participants as early as is feasible, preferably at the conclusion of their participation, but no later than at the conclusion of the data collection, and permit participants to withdraw their data.

21.8. Debriefing (a) Psychologists provide a prompt opportunity for participants to obtain appropriate information about the nature, results, and conclusions of the research, and they take reasonable steps to correct any misconceptions that participants may have of which the psychologists are aware. (b) If scientific or humane values justify delaying or withholding this information, psychologists take reasonable measures to reduce the risk of harm. (c) When psychologists become aware that research procedures have harmed a participant, they take reasonable steps to minimize the harm.

21.9. Humane care and use of animals in research (a) Psychologists acquire, care for, use, and dispose of animals in compliance with current federal, state and local laws and regulations, and with professional standards. (b) Psychologists trained in research methods and experienced in the care of laboratory animals supervise all procedures involving animals and are responsible for ensuring appropriate consideration of their comfort, health and humane treatment. (c) Psychologists ensure that all individuals under their supervision who are using animals have received instruction in research methods and in the care, maintenance and handling of the species being used, to the extent appropriate to their role. (d) Psychologists make reasonable efforts to minimize the discomfort, infection, illness and pain of animal subjects. (e) Psychologists use a procedure subjecting animals to pain, stress or privation only when an alternative procedure is unavailable and the goal is justified by its prospective scientific, educational or applied value. (f) Psychologists perform surgical procedures under appropriate anesthesia and follow techniques to avoid infection and minimize pain during and after surgery. (g) When it is appropriate that an animal's life be terminated, psychologists proceed rapidly, with an effort to minimize pain and in accordance with accepted procedures.

21.10. Reporting research results: (a) Psychologists do not fabricate data. (b) If psychologists discover significant errors in their published data, they take reasonable steps to correct such errors in a correction, retraction, erratum or other appropriate publication means.

21.11. Plagiarism: Psychologists do not present portions of another's work or data as their own, even if the other work or data source is cited occasionally.

21.12. Publication Credit: (a) Psychologists take responsibility and credit, including authorship credit, only for work they have actually performed or to which they have substantially contributed. (b) Principal authorship and other publication credits accurately reflect the relative scientific or professional contributions of the individuals involved, regardless of their relative status. Mere possession of an institutional position, such as department chair, does not justify authorship credit. Minor contributions to the research or to the writing for publications are acknowledged appropriately, such as in footnotes or in an introductory statement. (c) Except under exceptional circumstances, a student is listed as principal author on any multiple-authored article that is substantially based on the student's doctoral dissertation. Faculty advisors discuss publication credit with students as early as feasible and throughout the research and publication process as appropriate.

21.13. Duplicate Publication of Data: Psychologists do not publish, as original data, data that have been previously published. This does not preclude republishing data when they are accompanied by proper acknowledgment.

21.14. Sharing research data for verification: (a) After research results are published, psychologists do not withhold the data on which their conclusions are based from other competent professionals who seek to verify the substantive claims through reanalysis and who intend to use such data only for that purpose, provided that the confidentiality of the participants can be protected and unless legal rights concerning proprietary data preclude their release. This does not preclude psychologists from requiring that such individuals or groups be responsible for costs associated with the provision of such information. (b) Psychologists who request data from other psychologists to verify the substantive claims through reanalysis may use shared data only for the declared purpose. Requesting psychologists obtain prior written agreement for all other uses of the data.

21.15. Reviewers: Psychologists who review material submitted for presentation, publication, grant or research proposal review respect the confidentiality of and the proprietary rights in such information of those who submitted it.

17CSR6

Series 07 Consideration of Prior Criminal Convictions in Initial Licensure Determinations and Application for Waiver of Initial Licensing Fees for Certain Individuals

W. Va. Code R. § 17-7-1 General

1.1. Scope. -- This rule establishes procedures for consideration of prior criminal convictions in initial licensure determinations and for a waiver of initial licensing fees for certain individuals.

1.2. Authority. -- W. Va. Code §30-1-24, and W. Va. Code §30-21-6.

1.3. Filing Date. – 4/30/2025

1.4. Effective Date. – 5/1/2025

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2029.

W. Va. Code R. § 17-7-2 Definitions

2.1. “Board” means the Board of Examiners of Psychologists established pursuant to W. Va. Code §30-21-1 et seq.

2.2. “Initial license” means obtaining a license in West Virginia for the practice of psychology or school psychology for the first time.

2.3. “License” or “licensure” means the official authorization by the board to engage in the practice of psychology or school psychology.

2.4. “Unreversed”, as that term refers to a criminal conviction, means that a conviction has not been set aside, vacated, pardoned, or expunged.

2.5. “Initial” means obtaining a license in West Virginia for the practice of psychology or school psychology for the first time.

2.6. "Local labor market" means every county in West Virginia, and any county outside of West Virginia if any portion of that county is within fifty miles of the border of West Virginia, pursuant to W.Va. Code §21-1C-2.

2.7. “Low-income individual” means an individual in the local labor market as defined in W. Va. Code §21-1C-2, whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program (TANF), Medicaid, or the Supplemental Nutrition Assistance Program (SNAP).

2.8. “Military families” means any person who serves as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U. S. C. §101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried.

2.9. “Initial licensing fees” includes the application fee and/or the annual supervision fee, which the candidate must pay when they are applying to obtain a license to practice psychology in WV for the first time.

W. Va. Code R. § 17-7-3 Rational nexus to the practice of psychology or school psychology

3.1. The board may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the practice of psychology or school psychology. In determining whether a criminal conviction bears a rational nexus to psychology or school psychology, the board shall consider at a minimum:

3.1.1. The nature and seriousness of the crime for which the individual was convicted;

3.1.2. The passage of time since the commission of the crime;

3.1.3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of a licensed psychologist or school psychologist; and

3.1.4. Any evidence of rehabilitation or treatment undertaken by the individual.

W. Va. Code R. § 17-7-4 Application after denial

4.1. Notwithstanding any other provision of the West Virginia Code to the contrary, if an applicant has been denied licensure because of a prior criminal conviction, the board shall permit the applicant to apply for initial licensure if:

4.1.1. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;

4.1.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and

4.1.3. The conviction was not for an offense of a violent or sexual nature: Provided, That a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the board on a case by case basis.

W. Va. Code R. § 17-7-5 Petition for licensure eligibility determination

5.1. An individual with a criminal record who has not previously applied for licensure may petition the board at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license.

5.2. The petition shall be submitted on an application form prescribed by the board and shall include sufficient details about the individual’s criminal record to enable the board to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction.

5.3. The applicant may submit with the petition for licensure eligibility evidence of rehabilitation, letters of reference, and any other information the applicant deems relevant to show fitness and the ability to practice psychology.

5.4. The board shall provide the determination within 60 days of receiving the petition and the applicable fee from the applicant.

5.5. The fee for an applicant petitioning for a licensure eligibility determination shall be $75.00 and upon acknowledgement of eligibility by the board and upon the submission of an application for licensure, the eligibility fee shall be deducted from the applicable initial licensure application fee.

W. Va. Code R. § 17-7-6 Application for Waiver of Initial Licensure Fees

6.1. The Board shall issue a license to an applicant who meets the requirements of W. Va. Code §30-31-1 et seq. and the rules promulgated by the Board, and the Board shall waive the initial licensure fee if the applicant qualifies as a “low-income individual” or as a member of one or more “military families” as defined in this rule.

6.2. Low-income individuals, as defined in this rule, may seek a waiver of the initial licensure fee for licensure as a psychologist or school psychologist by submitting with their complete application a low-income waiver of initial licensure fee form, provided by the Board on its website www.psychbd.wv.gov and all required verification documents as prescribed by the Board. The Board shall review the application and issue a decision within 30 days of receipt of the complete application.

6.3. Military families, as defined in this rule, may seek a waiver of the initial licensure fee for licensure as a psychologist or school psychologist by submitting with their complete application a military service verification form, provided by the Board on its website www.psychbd.wv.gov and all required verification documents as prescribed by the Board. The Board shall review the application and issue a decision within 30 days of receipt of the complete application.

Title 17 W. Va. C.S.R.

Psychologists Psychologists

Series 01 Fees

W. Va. Code R. § 17-1-1 General

W. Va. Code R. § 17-1-2 Summary Of Fees

Series 02 Organization and Procedures of the Board of Examiners of Psychologists

W. Va. Code R. § 17-2-1 General

W. Va. Code R. § 17-2-2 Organization Of Meetings Of The Board

W. Va. Code R. § 17-2-3 Employees Of The Board

W. Va. Code R. § 17-2-4 Registers, Rosters, and Annual Reports

W. Va. Code R. § 17-2-6 Supervision Contracts, Approved Supervisor

Series 03 Requirements for Licensure as a Psychologist and/or a School Psychologist

W. Va. Code R. § 17-3-1 General

W. Va. Code R. § 17-3-2 Requirements of Graduate Degree Granting Institutions

W. Va. Code R. § 17-3-3 Masters Level Training Requirements

W. Va. Code R. § 17-3-4 Doctoral Level Training Requirements

W. Va. Code R. § 17-3-5 Adequacy of Supervised Experience

W. Va. Code R. § 17-3-6 Professional Ethics

W. Va. Code R. § 17-3-7 Responsibilities Of Licensees

W. Va. Code R. § 17-3-8 Standards for the Supervision of Persons Working Under the Direct and Regular Supervision of Licensees

W. Va. Code R. § 17-3-9 Standards for Supervision of Applicants for Licensure

W. Va. Code R. § 17-3-10 Standards for Supervision of Students

W. Va. Code R. § 17-3-11 Reporting Psychometricians. 11.1 All licensees who supervise psychometricians shall list their current psychometricians on their renewal forms and immediately (within 30 days) update the Board office when they begin using a new psychometrician

W. Va. Code R. § 17-3-12 Special Procedures And Definitions For Board Consideration Of Applications Made For Licensure On The Basis Of ABPP Certification And Reciprocity

W. Va. Code R. § 17-3-13 Procedures For Processing Of Applications Requiring Written and Oral Examinations

W. Va. Code R. § 17-3-14 Examinations

W. Va. Code R. § 17-3-15 Notification

W. Va. Code R. § 17-3-16 Licensure of School Psychologists

W. Va. Code R. § 17-3-18 School Psychology Continuing Education Requirements for Licensed Psychologists

W. Va. Code R. § 17-3-19 Temporary Permits

W. Va. Code R. § 17-3-20 Renewals

W. Va. Code R. § 17-3-21 Psychological Assessment

Series 04 Disciplinary and Complaint Procedures for Psychologists

W. Va. Code R. § 17-4-1 General

W. Va. Code R. § 17-4-2 Application

W. Va. Code R. § 17-4-3 Definitions

W. Va. Code R. § 17-4-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Psychologists

W. Va. Code R. § 17-4-5 Disposition of Complaints

W. Va. Code R. § 17-4-6 Appeals

Series 05 Contested Case Hearing Procedure

W. Va. Code R. § 17-5-1 General

W. Va. Code R. § 17-5-3 Hearing Procedure

W. Va. Code R. § 17-5-4 Transcription of Testimony and Evidence

W. Va. Code R. § 17-5-5 Submission of Proposed Findings of Fact and Conclusions of Law

W. Va. Code R. § 17-5-6 Hearing Examiner

W. Va. Code R. § 17-5-7 Conferences; Informal Disposition of Cases

W. Va. Code R. § 17-5-8 Depositions

W. Va. Code R. § 17-5-9 Subpoenas

W. Va. Code R. § 17-5-11 Penalties

W. Va. Code R. § 17-5-12 Appeal

Series 06 Code of Conduct

W. Va. Code R. § 17-6-1 General

W. Va. Code R. § 17-6-2 Purpose, Scope, Responsibility, Violations, and Aids to Interpretation

W. Va. Code R. § 17-6-3 Definitions  Psychologist, School Psychologist, Client, Court Order, Licensed, Professional Relationship, Professional Service and Supervisees

W. Va. Code R. § 17-6-4 Competence  Limits on Practice, Maintaining Competency, Accurate Representation, Adding New Services and Techniques, Referral, Sufficient Professional Information, Maintenance and Retention of Records, Continuity of Care, and Providing Supervision

W. Va. Code R. § 17-6-5 Multiple Relationships  Definition of Multiple Relationships, Prohibited Multiple Relationships and Sexual Relationships

W. Va. Code R. § 17-6-6 Impairment

W. Va. Code R. § 17-6-7 Client Welfare  Explanation of Procedures, Termination of Services, Stereotyping, Solicitation of Business by Clients, Referrals on Request and Harassment

W. Va. Code R. § 17-6-8 Welfare of Supervisees, and Participants and Students

W. Va. Code R. § 17-6-9 Protecting Confidentiality of Clients

W. Va. Code R. § 17-6-10 Representation of Services

W. Va. Code R. § 17-6-11 Fees and Statements 11.1 Disclosure of cost of services. The psychologist shall not mislead or withhold from the client, a prospective client, or third party payor, information about the cost of his/her professional services

W. Va. Code R. § 17-6-12 Assessment Procedures

W. Va. Code R. § 17-6-13 Test Scoring and Interpretation Services

W. Va. Code R. § 17-6-14 Maintaining Test Security

W. Va. Code R. § 17-6-15 Violations of Law

W. Va. Code R. § 17-6-16 Aiding Unauthorized Practice

W. Va. Code R. § 17-6-17 Resolving Ethical Issues

W. Va. Code R. § 17-6-18 Reporting Suspected Violations

W. Va. Code R. § 17-6-19 Psychological Service Delivered via Employers and Organization

W. Va. Code R. § 17-6-20 Education and Training

Series 07 Consideration of Prior Criminal Convictions in Initial Licensure Determinations and Application for Waiver of Initial Licensing Fees for Certain Individuals

W. Va. Code R. § 17-7-1 General

W. Va. Code R. § 17-7-2 Definitions

W. Va. Code R. § 17-7-3 Rational nexus to the practice of psychology or school psychology

W. Va. Code R. § 17-7-4 Application after denial

W. Va. Code R. § 17-7-5 Petition for licensure eligibility determination

W. Va. Code R. § 17-7-6 Application for Waiver of Initial Licensure Fees

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W. Va. Code R. § 17-6-3 Definitions Psychologist, School Psychologist, Client, Court Order, Licensed, Professional Relationship, Professional Service and Supervisees

W. Va. Code R. § 17-6-4 Competence Limits on Practice, Maintaining Competency, Accurate Representation, Adding New Services and Techniques, Referral, Sufficient Professional Information, Maintenance and Retention of Records, Continuity of Care, and Providing Supervision

W. Va. Code R. § 17-6-5 Multiple Relationships Definition of Multiple Relationships, Prohibited Multiple Relationships and Sexual Relationships

W. Va. Code R. § 17-6-7 Client Welfare Explanation of Procedures, Termination of Services, Stereotyping, Solicitation of Business by Clients, Referrals on Request and Harassment