Title 27 W. Va. C.S.R.

Counseling Counseling

Series 01 Licensing Rule

W. Va. Code R. § 27-1-1 General

1.1. Scope. -- This rule establishes standards for professional counselors to follow in applying, qualifying, and maintaining licensure as a counselor.

1.2. Authority. -- W. Va. Code §§30-31-5(19) and 30-31-6.

1.3. Filing Date. – April 14, 2026.

1.4. Effective Date. – April 14, 2026.

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

W. Va. Code R. § 27-1-2 Definitions

2.1. The following definitions apply to all rules promulgated by the Board of Examiners in counseling unless the word or term is explicitly defined or used in a different manner.

2.2. “Application” means an application providing all required information via a modality approved by the Board and filed with the Board as instructed.

2.3. “Counseling experience” means the applicant’s primary professional responsibility was in direct provision of counseling services or such indirect services, including direct or indirect counselor supervision, approved by the Board.

2.4. “Direct counselor supervision” means face to face or secured interactive contact such as telephone, video, or other contact that clearly addresses the required specialty areas as cited in subsection 6.1.b. of this rule.

2.5. “Indirect counselor supervision” means review of written reports, case notes, test data and/or any review of representation of a supervised counselor’s work.

2.6. “Endorsement Licensure for Independent Clinical Practice” means being fully licensed at the highest level in a state or jurisdiction, whereby the licensee’s scope of practice includes the ability to assess, diagnose and treat mental and emotional disorders without being under the direct supervision of another licensed mental health professional.

2.7. “Licensed Professional Counselor-Associate (LPCA)”– a Licensed Professional Counselor Associate, is qualified to conduct the assessment, diagnosis, treatment and prevention of mental, emotional or addiction disorders through the application of clinical counseling procedures, which includes the use of psychotherapy, assessment instruments, counseling, consultation, treatment planning and supervision in the delivery of services to individuals, couples, families and groups while under the supervision of a Board qualified supervisor.

W. Va. Code R. § 27-1-3 Application of Rule

This legislative rule applies to all people practicing or making applications to practice as a licensed professional counselor.

W. Va. Code R. § 27-1-4 Requirements for Application

4.1. The applicant shall submit a licensure application containing the following information before the Board considers the applicant for licensure:

4.1.1. An application completed within six (6) months prior to submission via a modality approved by the Board;

4.1.2. A non-refundable application fee pursuant to 27CSR2 by credit/debit card, check or money order payable to West Virginia Board of Examiners in Counseling (WVBEC);

4.1.3. Official graduate transcripts sent directly from a college, university, or clearinghouse;

4.1.4. A completed transcript review sheet on a form provided by the board;

4.1.5. Two (2) completed professional recommendation forms from Master or Doctoral level individuals licensed as professional counselors, psychologists, social workers, or psychiatrists on a form provided by the Board. The forms must be dated within six (6) months prior to the submission of the application. Persons with a temporary license cannot complete the recommendation form;

4.1.6. Three (3) personal reference letters to satisfy the Board that the applicant is of good moral character and merits public trust. The letter’s author may not be the same person completing a recommendation form. The letters must be dated within six (6) months prior to submission of the application. The Board does not provide a form for this purpose;

4.1.7. A supervisor’s registration contract on a form provided by the Board. The proposed professional supervisor must meet the requirements of subsection 6.2 of this rule; and

4.1.8. Verification of supervision forms. These forms shall document the supervised counseling experience, including quarterly reports, the supervisor’s midpoint and a final verification and assessment form (SVA). These forms are provided by the Board.

4.2. Fees associated with the application process are non-refundable.

4.3. Applicants who have passed an examination shall submit proof of a passing score for approval by the Board. A passing score is valid for five (5) years from the date of examination. An applicant may submit a licensure application prior to obtaining a passing score on certification exam. 4..4. For applicants who have not passed an examination, they shall file a completed licensure application with the Board prior to taking the Board approved exam/s. The exam/s may be taken only after the Board determines that the applicant is eligible for licensure.

4.5. Documentation more than three (3) years or older, to include supervision, shall not be considered towards current licensing efforts. Up to 500 supervision hours completed in another state or jurisdiction may be considered for licensing with proof provided at the time of application.

W. Va. Code R. § 27-1-5 Requirements for Endorsement Licensure

5.1. An individual may apply for endorsement review if the individual is currently fully licensed in another state or jurisdiction. The licensing requirements of the endorsing state shall be greater than or equal to the requirements in this rule as determined by the Board.

5.2. To be eligible for licensure for independent practice in the state of West Virginia as a Licensed Professional Counselor by Endorsement, an applicant must be currently licensed at the highest level of licensure for independent clinical practice regardless of the criteria at the time of initial licensure in the originating state.

5.2.1. The following documentation is required for the Board to consider the applicant for endorsement in subsection 5.2 of this rule:

5.2.2. A completed West Virginia application,

5.2.3. The appropriate fee as required in the Licensed Professional Counselor Fee Rule, 27CSR2.

5.3. Applicants applying as an endorsement applicant, shall provide the following:

5.3.1. Proof of good standing in all jurisdictions where licensed, current, or otherwise, with proof of no discipline in any of these jurisdictions for an act that would have constituted grounds for refusal, suspension, or revocation of a license to practice mental health counseling in the state of West Virginia at the time the act was committed, to include pending actions or investigations; and

5.3.2. Verification of licensure standing from all states or jurisdictions where currently licensed.

5.4. Fees pursuant to 27CSR2, associated with the application process, are non-refundable

5.5. After an application is voided, an applicant may submit a new application and all required documentation and the applicable fee.

W. Va. Code R. § 27-1-6 Qualifications for New Applicants

6.1. Education: The education requirements for the licensure of applicants are set forth in W. Va. Code §30-31-8. To meet those requirements, an applicant shall have one of the following degrees:

6.1.1. A master's or doctoral degree from an institution with a program accredited by the Council on Accreditation of Counseling and Related Educational Programs (CACREP), the Council for the Accreditation for Education Preparation (CAEP), the North Central Association of Colleges and Schools (NCACS), the Southern Association of Colleges and Schools (SACS), or a comparable accrediting body. Acceptable graduate degrees include a specialization in clinical mental health counseling, marriage and family counseling, pastoral counseling, rehabilitation counseling, school counseling, and substance abuse or addictions counseling.

6.1.2. Applicants shall complete a minimum of sixty (60) semester hours or ninety (90) quarter hours of graduate coursework inclusive of a master’s or doctoral degree in counseling with a minimum of three (3) semester hours or the quarterly equivalent in each of the following areas or their equivalent, as determined by the Board:

(1) Counseling theories: includes a study of basic theories and principles of counseling and philosophic basis of the helping relationship;

(2) Counseling techniques: includes individual counseling practices, methods, facilitative skills, and the application of these skills;

(3) Human growth and development: includes the nature and needs of individuals at all developmental levels, following psychological, sociological and physiological approaches. It includes human behavior (normal and abnormal), personality theory, learning theory, dynamics of stress, and medical/functional implications of disability;

(4) Social and cultural foundations: includes studies of social change, ethnic groups, subcultures, mores, urban and rural societies, population patterns, use of leisure time, work, and differing life patterns;

(5) Individual appraisal: includes individual differences, methods of data gathering and interpretation, individual and group testing, and case study;

(6) Professional responsibilities: includes goals and objectives of professional counseling organizations, codes of ethics, legal considerations, standards of preparation, certification and licensing, advocacy, confidentiality, and the role identity of counselors;

(7) Principles of etiology, assessment, diagnosis, treatment planning, and prevention of mental and emotional disorders and dysfunctional behavior;

(8) Addictions counseling: includes the assessment, diagnosis and treatment of addictive disorders;

(9) Group dynamics, processes, counseling and consulting: includes theories, practices, methods, dynamics, facilitative skills, and supervised practice;

(10) Lifestyle and career development: includes vocational-choice theory, the relationship between career choice and lifestyle, occupational and educational information, career decision-making processes, career development exploration and placement techniques;

(11) Relational or family, and/or family counseling/therapy;

(12) Research and evaluation: includes statistics, research design, research proposals and evaluation;

(13) Supervised practicum: includes the provision of counseling to real not simulated clients and groups seeking services from counselors under the direction of a graduate faculty member who is a licensed professional counselor or related mental health professional and includes critiquing of counseling either observed or recorded on audio or video.

(14) Supervised internship: includes actual on-the-job counseling experience under the tutelage of a supervisor who is a licensed professional counselor or related mental health professional;

6.1.3. The applicant shall have sufficient semester credit hours or quarterly equivalent courses in any of the following counseling related elective subjects to equal the semester credit hour requirements as outlined in 6.1.b. subdivision of this rule:

(1) Human Sexuality;

(2) Psychopharmacology;

(3) Crisis intervention;

(4) Biological basis of behavior;

(5) Counseling special populations, including but not limited to forensic populations, sex offenders, children and adolescents, adults, elderly, gender specific populations, seriously mentally ill individuals, and individuals affected by domestic violence, dual diagnosis, co-morbidity or co-occurring disorders;

(6) Rehabilitation counseling;

(7) Counseling interventions; or (8) Tele behavioral health and other technologically assisted services;

(9) Additional or advanced courses in any required curriculum category listed in paragraphs 6.1.2. through 14; and of this rule.

6.1.4. The Credentialing Committee, composed of two (2) counselor educators, Executive Director and other Board staff, shall review all matters regarding education requirements. The Credentialing Committee may make a final determination regarding the sufficiency of the applicant’s education or may refer the matter to the entire Board for determination. Any determination made by the Committee or Board may be appealed in accordance with the procedures set forth in §27-6-5 of the Board’s rules. 6.2 Supervised counseling experience: The applicant shall have a minimum of 3000 hours of supervised counseling experience, after earning a master’s degree in counseling as determined by the Board; or have earned a doctoral degree in counseling as determined by the Board and have a minimum of 1500 hours of supervised counseling experience after earning the degree. At least fifty percent (50%) of the supervised counseling experience shall be in the direct provision of counseling services to clients.

6.2.1. The applicant may receive up to 600 hours credit towards the 3000-hour minimum requirement under this subsection for the work completed during an internship in a master’s program. The credentialing committee shall determine the number of hours that may be granted. There is no credit hours granted for the doctoral supervision hour requirement.

6.2.2. The applicant shall remain under professional supervision satisfactory to the Board, and may not be called a licensed professional counselor, or in any way be represented as a licensed professional counselor, until the applicant is duly licensed by the Board.

6.2.3. The professional supervisor shall determine the applicant’s activities and the amount of supervision required. A minimum of one (1) hour of direct supervision is required for every twenty (20) hours of practice. When the professional supervisor is not a full-time employee of the same practice or agency as the applicant, supervision shall occur at least twice in each calendar month, while maintaining the minimum hourly requirement. The supervisor shall be reasonably available to the applicant for consultation. An approved professional supervisor may not supervise more than four (4) individual applicants but may have additional supervisees (no more than eight (8) total) with prior Board approval. Supervision can be conducted in-person or via any secured, encrypted telecommunication modality.

6.2.4. The professional supervisor shall be pre-approved by the Board and shall provide post-graduate degree supervision for applicants provided they are a Licensed Professional Counselor (LPC) or Licensed Marriage and Family Therapist (LMFT). At a minimum, the professional supervisor shall have been licensed at the highest level for a period of two (2) years and shall have had five (5) years counseling experience. The professional supervisor shall provide documentation to the Board that they have a current license, has completed a Board approved training in counseling supervision that includes content and experiences relevant to the professional clinical supervision of counselors, and has completed the jurisprudence exam. The professional supervisor shall provide the Board with a statement detailing their counseling philosophy, supervision experience and counseling experience. The professional supervisor shall demonstrate a stable employment history, and skills necessary to address all core areas of practice as outlined in subdivision 6.1.b of this rule and the ACA Code of Ethics.

6.2.5. The applicant shall provide the Board with verification of completion of supervised counseling experience with successful endorsement from the ALPS (supervisor). If the ALPS does not endorse the applicant, additional supervision may be required.

6.3. Standardized certification examination in counseling: The applicant shall provide the Board with verification that they have attained a successful score on a certification examination in counseling approved by the Board. The successful score is valid for five (5) years from the date of examination.

W. Va. Code R. § 27-1-7 Licensed Professional Counselor-Associate

7.1. An applicant shall obtain an associate license when the applicant begins the supervisory experience or continues a supervisory experience. Hours obtained by an unlicensed person in any setting shall not count toward the supervision requirements.

7.2. The Board shall issue license to an applicant who:

7.2.1. has filed a licensure application in accordance with subsection 4.1 of this rule;

7.2.2. has met all the licensure requirements, including the academic requirements in subsection 6.1 of this rule; and passed the required examination in subsection 6.3 of this rule;

7.2.3. has signed the statement, included in the licensure application, that the applicant has read and understands the ACA Code of Ethics and the Board rules as defined in this rule.

7.3. Any applicant with post-degree supervision hours completed and documented in another state may have those supervision hours considered by the Board toward the supervision requirements in this state if the supervisory requirements for licensure are equal to or greater than this Board’s supervisory requirements and are provided at the time the application is submitted.

7.4. Supervision during the licensing period shall be continuous, and any interruption in supervision of more than six (6) weeks shall be reported to the Board, in writing, within 30 days of the interruption. Interruptions not reported in a timely manner may result in termination of the license or other disciplinary action or sanctions as determined appropriate by the Board.

7.5. The Board must be notified in writing of any changes in supervision, to include change of Board approved supervisor and/or job positions, and the changes approved before the change(s) occur. Failure to obtain approval of such changes will nullify any hours accrued between the termination of one supervisor and/or job change and the approval of the other.

7.6. Licensed Professional Counselor-Associates may not own, operate or function as an independent contractor (1099) of a private practice and must practice only as part of their licensure supervisory requirement as outlined in subsection 6.2 of this rule.

7.7. An associate license is valid for 36 months. A licensee who does not complete the supervised counseling experience during the 36-month licensure period may renew their license once for an additional 24 months by written request and payment of a fee in pursuant to 27CSR2, equal to the current initial application fee.

W. Va. Code R. § 27-1-8 Examination Failure

8.1. An applicant may sit for an approved examination within a twelve-month period, making three (3) attempts without requiring additional permission from the Board.

8.2. An applicant who fails the examination three (3) times must reapply for licensure in accordance with §27-1-4 qualifications.

W. Va. Code R. § 27-1-9 Issuance of License

9.1. The Board shall issue a license authorizing the holder to engage in the practice of counseling to each successful applicant for licensure as a licensed professional counselor.

9.2. Each license issued by the Board shall contain the licensee’s name, license number, the date of issuance and a statement indicating the license expiration date of June 30.

9.3. The Chairperson and Secretary of the Board shall sign official licenses, in person or electronically, and affixed with the official seal of the Board.

9.4. All licenses issued by the Board remain the property of the Board and the licensee shall surrender their license upon demand.

9.5. Once all requirements for licensure have been determined, the Board shall send notification of the license to the applicant’s last known email address.

W. Va. Code R. § 27-1-10 Professional Disclosure

10.1. A licensee shall display a professional disclosure statement at the place where they perform services and make a copy of the statement available to clients upon request. The Board shall provide the professional disclosure statement form when a license is originally issued. A licensee may obtain additional forms through the Board website.

10.2. The following information shall be included in the professional disclosure statement:

10.2.1. The name, title, business address, and business phone number of the licensee performing the service;

10.2.2. The formal professional education of the licensee, including academic degrees, the institutions awarding those degrees and the dates they were received.

(1) Formal professional education means the licensee’s academic training related to counseling which meets the educational requirements for licensure as a counselor; and, (2) Academic degrees that do not meet the requirements for licensure are not formal professional education as defined in this Rule and shall not be listed;

10.2.3. The licensee’s areas of competence in counseling and the services provided, based on training and experience, from the following list, as is appropriate: career counseling, consultation, diagnosis and treatment of mental and emotional disorders, employee assistance counseling, family counseling, human resources counseling, marriage counseling, clinical mental health counseling, trauma counseling, grief and loss counseling, rehabilitation counseling, school counseling, substance abuse and addictions counseling, supervision, and vocational counseling; and other services the licensee can justify through training and supervision.

10.2.4. The Board’s name, current address, and telephone number. The following statement shall appear just above the Board’s information: Any questions, concerns or complaints relating to the delivery of service by the counselor listed above, may be directed to:

10.3. The following legal and ethical principles apply to the licensee in providing this disclosure statement:

10.3.1. The provision of the professional disclosure statement is the sole responsibility of the licensee. The licensee shall submit a copy of the professional disclosure statement to the Board;

10.3.2. The purpose of professional disclosure is to provide sufficient information to aid the consumer public in making informed judgments and choices on matters that concern it; and,

10.3.3. Areas of competence and services provided listed on the professional disclosure statement shall not exceed those professional qualifications possessed.

10.4. In listing areas of competence and services provided on the professional disclosure statement, the licensee shall adhere to the scope of practice of professional counseling and delivery of services as defined in W. Va. Code, §30-31-3 and as cited in Section 10 of this rule.

W. Va. Code R. § 27-1-11 Code of Ethics

11.1. The Board adopts the 2014 version of the American Counseling Association’s Code of Ethics, as part of this rule and all provisions of the Code of Ethics have the effect as if it were a specifically promulgated rule of the Board.

11.2. The Board may take disciplinary action against a licensee who fails to comply with the Code of Ethics cited in subsection 11.1. of this rule.

W. Va. Code R. § 27-1-12 Responsibilities of Licensees

12.1. Licensees shall familiarize themselves with the most current provisions of Chapter 30 Article 31 of W. Va. Code §30-31-1 et seq, the Code of Ethics of the American Counseling Association and practice counseling in accordance with the law and all rules promulgated by the Board.

12.2. A licensee shall notify the Board within thirty (30) days of any change of his or her legal name, primary address, telephone number, email address or similar change of location or status, via a modality approved by the Board.

12.3. A licensee shall notify the Board in writing within thirty (30) days of witnessing what may constitute, in his or her best judgment, professional misconduct by another licensed professional counselor.

W. Va. Code R. § 27-1-13 Expired License. 13.1 A person whose license has expired and who continues to hold themselves out as a licensed counselor or who engages in counseling without a license is in violation of W. Va. Code §30-31-1

W. Va. Code R. § 27-1-14 Relations with the Public and Other Professions

14.1. A licensee shall neither misrepresent nor accept misrepresentation by other persons of the efficacy of their professional services.

14.2. A licensee shall not, under normal circumstances, offer professional services to clients already receiving services from another professional, unless agreed upon by all parties.

14.3. A licensee shall not distribute advertisements, announcements, or information that is false, inaccurate, misleading, partial, out of context, or deceptive.

14.4. A licensee shall clearly state his or her licensure status by using the title “Licensed Professional Counselor or “LPC” in all professional correspondence, documents, advertisements and announcements.

14.5. A licensee shall display their original current license certificate and disclosure statement in a prominent place in the primary location of their practice.

14.6. A licensee shall distinguish between public statements made as a private citizen and those made as a representative of the profession and be aware that any statement he or she makes may be interpreted as being representative of his or her profession.

14.7. A licensee shall not give or accept a commission, rebate, or other form of remuneration for referral of clients for professional services.

W. Va. Code R. § 27-1-15 Violations of Child Support

15.1. The Board shall revoke or suspend the license of a licensee or impose other sanctions against a licensee or refuse to renew a license or approve an application for license, after receiving a valid circuit court order indicating that the licensee has violated a child support ruling and, as a result, has endangered his or her professional license.

15.2. The Board shall reinstate, remove sanctions against or allow renewal of or application for a license after receiving a valid circuit court order to reinstate or renew a license previously suspended, revoked or sanctioned because of a similar order of the court.

W. Va. Code R. § 27-1-16 Retirement Status

16.1. Before the Board considers the licensee for retirement status, the licensee shall submit, no sooner than two (2) weeks prior to June 30 of every odd numbered year, a retirement application packet, in a format designated by the Board, containing all the following information:

16.1.1. A completed retirement status application on a form provided by the Board;

16.1.2. A copy of the recording form documenting all the individual continuing education offerings completed by the licensee on a form provided by the Board;

16.1.3. Copies of all certificates of completion corresponding with the documentation provided on the recording form; and,

16.1.4. The appropriate fee, as set forth in 27CSR2, LPC Fee Rules.

16.2. Upon approval for the retirement status designation, the LPC in Retirement Status (LPC-R) shall only work in a voluntary position and shall abide by the following requirements for renewal of the LPC-R:

16.2.1. Shall complete twenty (20) contact hours each renewal;

16.2.2. Shall complete three (3) of the twenty (20) contact hours in ethics based on the American Counseling Association Code of Ethics;

16.2.3. Shall complete two (2) of the twenty (20) contact hours in mental health conditions specific to veterans and family members of veterans as cited in Series 3, Renewal Rule section §27-3-4.1.b.;

16.2.4. May complete all twenty (20) contact hours in home study including ethics; and,

16.2.5. Shall pay the appropriate fee, as set forth in 27CSR2 LPC Fee Rules.

W. Va. Code R. § 27-1-17 Inactive Status

17.1. The Board may only grant inactive status to licenses in good-standing and meeting additional requirements as outlined by the Board.

17.1.1. The licensee shall submit to the Board a completed inactive status application on a form provided by the board with fee, prior to June 16 of the year the application is being submitted;

17.1.2. A copy of the recording form documenting all individual continuing education offerings completed by the licensee on a form provided by the board when applicable.

17.1.3. Copies of all certificates of completion corresponding with the documentation provided on the recording form when applicable; and,

17.1.4. The appropriate fee, as set forth in, 27CSR2 LPC Fee Rules.

17.2. Upon approval of the inactive status designation, the LPC in inactive Status (LPC-I) may NOT provide counseling services of any kind.

17.2.1. The licensee is NOT required to obtain continuing education credits during approved inactive status period;

17.2.2. Shall complete 35 hours of continuing education credits in the two (2) years proceeding an application to return to active status

17.2.3. S hall complete three (3) of the thirty-five (35) continuing education credits in Ethics based on the American Counseling Association Code of Ethics;

17.2.4. Shall complete two (2) of the twenty (20) continuing education credits in mental health conditions specific to veterans and family members of veterans as cited in Series 3, Renewal Rule section §27-3-4.1.b.;

17.2.5. For a license that is inactive for more than five (5) years, to return to active status, you may be subject to additional continuing education hours, supervision and/or completion of additional course work, and;

17.2.6. Shall pay the appropriate fee, as set forth in, 27CSR2 LPC Fee Rules.

27CSR1

27CSR1

Series 02 Licensed Professional Counselors Fees Rule

W. Va. Code R. § 27-2-1 General

1.1. Scope. -- This rule establishes fee requirements related to the licensing of professional counselors, renewal of the licenses, and application and monitoring of continuing professional education providers and their programs.

1.2. Authority. -- W. Va. Code §30-31-6.

1.3. Filing Date. – July 21, 2022.

1.4. Effective Date. -- July 21, 2022.

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect upon the expiration of August 1, 2027.

W. Va. Code R. § 27-2-2 Fee Schedule

2.1. Fees paid to the Board are non-refundable.

2.2. Fees, with the exception of those for examination, are payable to the West Virginia Board of Examiners in Counseling (WVBEC).

2.3. Fees.

2.3.a. Initial application for licensure -- $250.00;

2.3.a.1. The fee required for the issuance of the initial license certificate shall be calculated on the current renewal rate set in this rule, the date the license is issued and the number of quarters remaining in the current annual renewal cycle;

2.3.b. Endorsement application processing -- $300.00;

2.3.c. Annual license renewal fee -- $145.00;

2.3.d. Retirement Status application and renewal fee -- $72.50

2.3.e. Late renewal during 60 day period -- $100.00;

2.3.f. Reinstatement for licensure renewal after the end of the 60 day period or reinstatement following revocation or suspension of license -- $250.00;

2.3.g. Examination score endorsement -- $25.00;

2.3. h. Certification of supervised clinical experience endorsement -- $25.00.

2.3.i. Inactive Status application fee -- $50.00

2.3.j. Endorsement to another state or a National or State certification -- $25.00;

2.3.k. Inactive Status renewal fee -- $25.00

2.3.l. Filling a request for public information, print or electronic data, or other services relating to the Board, its members, or licensed professional counselors, is calculated based on the actual cost of materials, employee time, and services required to comply with the request; and,

2.3.m. Bad check fee -- As provided for in W. Va. Code §61-3-39e.

2.4. Continuing professional education provider and programs fees.

2.4.a. Initial certification as an approved provider of continuing professional education $250.00;

2.4.b. Single event continuing education certification -- $100.00 per event for non-profit providers when no fee is charged to attending participants, or $250.00 per event for-profit and/or fee charged to attending participants.

2.4.c. Annual fee to re-certify as an approved provider -- $200.00 payable only after the Board has notified the provider that it is eligible to re-certify.

2.5. Examination fees.

2.5.a. The fee for the examination required by the Board is established by and payable to the National Board for Certified Counselors (NBCC) or its designee.

27CSR2

27CSR2

Series 03 Licensed Professional Counselor License Renewal and Continuing Professional Education Requirements

W. Va. Code R. § 27-3-1 General

1.1. Scope. -- This rule establishes standards for license renewal requirements, continuing professional education requirements, and the sanctions to be imposed for failure to comply with the requirements.

1.2. Authority. -- W. Va. Code §§30-31-5 and 30-31-6.

1.3. Filing Date. – April 14, 2026.

1.4. Effective Date. – April 14, 2026.

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect upon the expiration of August 1, 2031.

W. Va. Code R. § 27-3-2 Definitions

2.1. “Approved program of continuing professional education” means a formally organized educational program sponsored by an approved provider and offered in the form of a class, course, workshop, seminar, staff development or training activity, or formally structured discussion. Programs shall be designed to enhance counseling skills, values, knowledge, and/or ethical considerations in the counseling practice.

2.2. “Approved provider” means an agency, organization, person, institution, or professional association or its local affiliates which has applied to and received approval by the Board to provide approved programs of continuing professional education under its own auspices, and which remains approved by complying with the provisions of subdivision 6.2.b. of this rule.

2.3. “Biennium” means the two-year reporting period for continuing education beginning July 1, 2015, and ending June 30, 2017, and every two (2) year period thereafter.

2.4. “Contact hour” means 60 minutes spent in an approved program offered by an approved provider. Contact hours exclude travel time, meeting time devoted to business, refreshment breaks, receptions, award banquets and other social gatherings and meals that do not include an acceptable program.

2.5. “Continuing professional education” means a program to enable the licensee to maintain and/or expand professional expertness, to become more aware of new professional developments and to provide responsible and quality service to clients and the community including, but not limited to, educational programs in the following areas: Counseling theories; counseling techniques; human growth and development; social and cultural foundations; supervised practicum; supervised internship; addictions; crisis intervention; group dynamics, processes, counseling and consulting; life-style and career development; marriage and/or family therapy; research and evaluation; principles of etiology, diagnosis, treatment planning, prevention of mental and emotional disorders and dysfunctional behavior; and community resources and rehabilitation services.

2.6. “Formal program” means a program attended synchronously, in person or virtually with a presenter.

W. Va. Code R. § 27-3-3 Renewal of license

3.1. A licensee shall renew their license annually on or before June 30.

3.1.1. A licensee shall file the required renewal application in the manner prescribed by the Board and shall pay the appropriate renewal fee.

3.1.2. For each biennium reporting period, the licensee shall provide proof of continuing education;

3.2. All licenses are eligible for random audits.

3.3. A licensee selected for audit shall upload all certificates of completion corresponding with the information entered in the system.

3.4. The licensee is responsible for maintaining continuing education records including certificates of completion for a period of six (6) years.

3.5. An audit shall be automatic for a licensee who was determined to be non-compliant during the immediately preceding audit or found in violation of the Code of Ethics by the Board.

3.6. Failure to meet the continuing education requirements, providing documentation as requested by the board, or providing fraudulent documentation is a violation of Board rules and may result in disciplinary action.

3.7. All licenses not renewed by the renewal date each renewal cycle shall expire. Any individual who has not renewed their license and who continues to practice after their license has expired will be deemed guilty of unlicensed practice.

3.8. All expired licenses, within 60 days after the expiration date, may renew their license upon payment of a renewal fee and a late fee pursuant to 27CSR2.

3.9. After 60 days, individuals with expired licenses may reinstate their license upon payment of a renewal fee, late fee and a reinstatement fee pursuant to 27CSR2.

3.10. A licensee who fails to reinstate their license within two (2) years after its expiration date, may not renew, restore, reissue, or reinstate the license. This person may apply for and obtain a new license by meeting the current requirements of Series 1, Licensing rule.

3.11. The board may require that a person applying for renewal or reinstatement of their credential show proof of having completed continuing education requirements.

3.12. A licensee shall update the change of their home address, work address and email address within 30 days of the occurrence. Failure to receive a renewal notice or audit notice from the Board shall not relieve the licensee from the renewal requirements.

W. Va. Code R. § 27-3-4 Continuing Professional Education

4.1. A licensee shall obtain 35 continuing education contact hours of approved continuing professional education every biennium.

4.1.1. At least three (3) of the 35 contact hours shall be in counselor-related ethics. The program in ethics shall follow the adopted ethical code of this rule. The three (3) contact hours in ethics shall be earned in a formal program with an approved presenter on the first renewal cycle of a licensee. The three (3) contact hours in ethics in the subsequent renewals can be obtained through American Counseling Association (ACA) home studies, ACA online programs or any other modality.

4.1.2. At least two (2) of the 35 contact hours shall be in mental health conditions specific to veterans and family members of veterans. Each licensee shall complete these two (2) contacts hours of continuing education on a biennium basis beginning July 1, 2017. Training specific to veterans and family members of veterans may include, but not be limited to, inquiring about whether clients are veterans or family members of veterans; screening for conditions such as post-traumatic stress disorder; readjustment issues; risk of suicide and prevention of suicide; military sexual assault; and depression and grief. The contact hours will be approved by the Board through requirements established in section §27-3-6.2.a of this rule.

4.2. The Board shall grant approval for academic graduate courses offered in accredited educational institutions by counseling degree programs. The Board shall grant 15 contact hours for one (1) academic graduate semester hour. The Board shall grant 10 contact hours for one (1) academic graduate quarter hour.

4.3. The Board shall grant up to 12 hours per year in peer consultation/supervision through a Board approved provider.

4.4. The Board shall grant 10 contact hours for a journal article directly related to the counseling profession published during the renewal period in a professional journal related to the counseling profession. Articles having joint authorship shall be divided equally among the authors.

4.5. The Board shall grant 30 contact hours for a book that is published during the renewal period and is directly related to the counseling profession. Books having joint authorship shall be divided equally among the authors. Chapters authored by licensees in books acceptable under this rule shall be treated as journal articles.

4.6. The Board shall grant no more than half of the hours for any reporting period for continuing education presented by the licensee’s employment agency personnel. The agency personnel shall meet the presenter qualifications as cited in subparagraph 6.2.a.2.A of this rule. The continuing education programs shall be directly related to the counseling profession. A licensee attending a continuing education program delivered in the licensee’s employing agency by an out-of-agency presenter shall not be counted in the 15 contact hours described in subsection 4.5 of this rule.

4.7. The Board shall grant 10 contact hours to a presenter of an approved three (3) hour graduate college course related to the counseling profession, up to 10 contact hours per renewal period, if such teaching or instruction is outside the licensee’s regular employment duties or if the licensee can document such teaching activity or instruction was newly developed and presented for the first time.

4.8. The Board shall grant contact hours to licensees who conduct presentations on subjects related to counseling which meets the following requirement:

4.8.1. Credit, up to 10 contact hours per renewal shall be granted for first time preparation and presentation of an in-service training workshop, a seminar or a conference presentation which is related to the enhancement of counseling practices, values, skills or knowledge; and,

4.8.2. A given presentation can be counted once per biennium period.

4.9. A licensee with approved professional supervisor counselor status shall complete three (3) of the 35 contact hours in clinical counseling supervision.

4.10. The Board shall grant a maximum of 20 contact hours within each biennium period for home study programs. Only home study programs pre-approved by the National Board for Certified Counselors (NBCC) and the American Counseling Association (ACA) and American Mental Health Counselors Association (AMHCA) are granted home study program approval.

4.11. Any out-of-state counseling related continuing education programs or conferences pre-approved by the National Board for Certified Counselors (NBCC), the American Counseling Association (ACA), and the American Mental Health Counselors Association (AMHCA), are automatically granted approval by the board.

4.12. At least 50% of contact hours shall be obtained from attendance in offerings other than those taught, conducted, produced, or presented by the licensee. 4.13 Excess contact hours may not be carried over to the next biennium period.

W. Va. Code R. § 27-3-5 Documentation of continuing professional education required for renewal of a license

5.1. Transcripts shall verify courses taken for credit at accredited educational institutions. Completion of non-credit and audited courses shall be verified by certificates of completion or by signed statements from instructors.

5.2. Presenters of approved graduate college courses shall submit a letter from the institution including: the date the course was taught; the course number; the course description; and the signature of the department chair.

5.3. Copies of publications presented for continuing professional education shall be furnished to the Board. In the case of journal articles, a copy of the journal’s page showing the names of its editorial review Board shall be included in the document that the journal references.

5.4. A copy of the certificate of completion furnished by the provider shall document all other continuing professional education. The certificates shall contain the information cited in subparagraph 6.2.a.2.L of this rule. In addition, the licensee shall record his or her license number in the appropriate place on the certificate of completion.

W. Va. Code R. § 27-3-6 Approved programs for continuing professional education

6.1. The goal of the Board’s continuing professional education requirements is to: enable licensees to maintain and/or expand professional expertise; become aware of new professional developments; provide responsible and quality service to clients and community; and continue to conduct professional practice in an ethical and appropriate manner. The Board will not grant credit for continuing education to promote personal growth of the licensee.

6.2. A licensee may obtain continuing education credits in five (5) ways: programs offered by approved providers; approved programs of continuing professional education; post-approved programs; asynchronous programs and publications and presentations as cited in subsections 4.3. and 4.4. of this rule. The Board or its designee shall approve providers, programs, and home study programs and offer post-program approval according to the following guidelines:

6.2.1. Guidelines for program approval:

6.2.2. Academic micro credentials offered in accredited education institutions by counseling degree programs are automatically granted program approval; and

6.2.3. Approved programs may be sponsored by departments of accredited educational institutions; national, regional, state, or local professional organizations or associations; public or private human service agencies or organization; private consultants; or individuals. The organization or individual shall make application for approval on a form designated by the Board and pay the appropriate fee. To obtain approved status from the Board, a program shall meet the following requirements:

6.2.3.a. Competent individuals as documented by appropriate academic training, master’s level or above and professionally recognized experience shall present the program. Presenters should have an identifiable involvement with human services. In approving a particular presenter, the Board shall be guided by the following range of presenter qualifications:

6.2.3.b. Counselors with appropriate credentials and appropriate expertise in the content area shall clearly be accepted;

6.2.3.c. A related presenter with the ability to connect content to counseling practice shall usually be accepted;

6.2.3.d. Expert presenters with no apparent link to counseling may or may not be acceptable based upon the content to be presented and intended audience;

6.2.3.e. A presenter with no apparent professional qualifications nor link to counseling or human services shall not be accepted; and,

6.2.3.f. A presenter providing training in a practice area that would require licensure shall show evidence of current licensure in West Virginia or another state.

6.2.3.g. The program shall meet the professional needs of the intended clientele, which shall include counselors;

6.2.4. The program shall have a minimum duration of one (1) contact hour;

6.2.5. The program shall have written goals and objectives that are responsive to the needs of prospective counselor attendees;

6.2.6. The program shall have an agenda, clearly listing the time and date of the program, including starting and ending times and refreshment and meal breaks;

6.2.7. The program shall be related to counselor content areas as cited in subsection 2.5. in this rule;

6.2.8. The program shall be disseminated via appropriate instructional methods, such as lecture, group discussion, video, film, interactive webinar or interactive teleconferencing;

6.2.9. The program shall include an evaluation component directly related to its stated goals and objectives;

6.2.10. The program shall be offered in a site that shall be accessible under the provisions of the Americans with Disabilities Act;

6.2.11. The organization or individual shall submit their program approval request for review, on a form designated by the Board, at least 60 days prior to the scheduled program date;

6.2.12. The program’s promotional information shall state that program approval has either been applied for or has been granted; and,

6.2.13. The provider of the program shall provide program participants certificates of completion, which contain the following information: 6.2.13.a The title and dates of the program and the Board’s program approval number;

6.2.13.b. The name of the sponsoring agency or organization;

6.2.13.c. The name of the participant and the number of contact hours of continuing professional education earned by the participant;

6.2.13.d. The presenters name and his or her credentials; and,

6.2.13.e. The signature of the presenter and/or the official representative of the sponsoring organization.

6.2.14. Guidelines for provider approval: 6.2.14.a The Board shall grant approved provider status for newly approved providers for a one (1) year period and is subject to renewal if the provider meets the requirements of this rule;

6.2.14.b. An approved provider who does not pay a fee to re-certify within 30 days of notice forfeits all rights and privileges of an approved provider.

6.2.15. The Board shall refuse to renew the approved status of any provider who fails to comply with the requirements of this rule. The Board shall withdraw approved provider status for cause.

6.2.15.a. Programs offered by a provider while that provider does not have approved status shall not be accepted by the Board toward fulfillment of license renewal requirements unless program approval for the programs were obtained as set forth in this rule;

6.2.15.b. Provider status is automatically accorded to counseling degree programs, as cited in subsection 2.5. of this rule, in accredited educational institutions. Transcripts or grade cards shall serve as evidence of completed coursework. If the licensee audits an approved course, a letter from the professor is required to verify actual number of hours of attendance, which is used to determine hours of continuing education credit granted;

6.2.15.c. The Board may grant approved status to providers not automatically approved in paragraph 6.2.b.4. of this rule. The providers shall include but are not limited to national, regional, state, or local professional organizations, public or private human service agencies, private consultants or individuals. The applicant for approved provider status shall:

6.2.15.c.1. Make application for approval status on a form provided by the Board and pay the appropriate fee, at least two (2) months prior to the date of the first scheduled program offering. A list of proposed programs and program goals shall be included with the application;

6.2.15.c.2. Submit to the Board, no later than two (2) months before the end of the probationary period, a synopsis of all programs during the previous 10 months;

6.2.15.c.3. Apply for renewal of approved provider status two (2) months prior to the desired one (1) year period and pay the appropriate fee;

6.2.15.c.4. Provide or arrange for appropriate educational facilities, instructional aids, and offer programs and facilities that are accessible under the provisions of the Americans with Disabilities Act;

6.2.15.c.5. Have program presenters who have professionally recognized skills to conduct the programs being offered in accordance with subdivision 6.2.a. of this rule;

6.2.15.c.6. Conduct programs that satisfy one (1) or more of the program areas in counseling as cited in subsection 2.5. of this rule;

6.2.15.c.7. Include an evaluation component in all programs offered;

6.2.15.c.8. Maintains records of program content, presenter qualifications and individual participation, and a summary of evaluations forms for five (5) years and make the records available if requested by the Board; and,

6.2.15.c.9. Furnish to each participant a certificate of completion that includes the following information:

6.2.15.c.9.A. The title and date of the program and the Board’s program approval number;

6.2.15.c.9.B. The name of the sponsoring agency or organization;

6.2.15.c.9.C. The name of the participant and the number of contact hours earned by the participant;

6.2.15.c.9.D. The presenters’ names and their credentials;

6.2.15.c.9.E. The signature of the presenter and/or the official representative of the sponsoring organization; and

6.2.15.c.9.F. An approved provider that offers a program on counseling ethics shall incorporate the Code of Ethics of the American Counseling Association as a substantial part of the program.

6.2.16. Post program approval:

6.2.16.a. A licensee shall apply on a form prescribed by the Board for post-approval of counseling programs which they attended, for relevant out of state continuing professional education programs and for relevant graduate coursework in related disciplines.

6.2.16.a.1. A licensee shall apply for post-program approval, on a form designated by the Board, within 90 days of completing program;

6.2.16.a.2. To obtain post-program approval, the licensee shall provide the following:

6.2.16.a.2.A. Documentation that the program presenters met the requirements in paragraph 6.2.a.2.A. of this rule;

6.2.16.a.2.B. A copy of the program brochure and other documentation, if necessary, demonstrating that the program met the requirements of paragraph 6.2.a.2.B. through paragraph 6.2.a.2.I. of this rule; and,

6.2.16.a.2.C. A certificate of completion, transcript, grade card, or signed statement from the presenter to demonstrate the licensee’s attendance at the program or course.

6.2.17. Home study and asynchronous approval:

6.2.17.a. Home study programs may be sponsored by departments of accredited educational institutions; national, regional, state, or local professional organizations or associations; public or private human service agencies or organizations; private consultants; or individuals. To obtain approval from the Board, the sponsoring organizations of a home study program shall meet the following requirements:

6.2.17.a.1. Home study program content shall satisfy one (1) or more of the program areas in subsection 2.5. of this rule;

6.2.17.a.2. A home study program shall contribute to the current knowledge of master’s level counselors. Program materials should not be more than six (6) years old. Materials that are more than six (6) years old shall include a statement for review regarding the reason that the material is still relevant and valuable to the counselor;

6.2.17.a.3. Home study programs focusing on ethics in counseling practice shall include information on the ethical codes of the American Counseling Association (ACA);

6.2.17.a.4. Information on how the home study material may be used by the counselor with their clients shall be included either in the learning instrument or as an addendum;

6.2.17.a.5. The home study program shall have the following components:

6.2.17.a.5.A. Appropriate learning instruments such as, but not limited to, a book, tape, internet-based text, video, subscription to a professional periodical or volumes of past periodicals;

6.2.17.a.5.B. An assessment component, such as, but not limited to, a quiz, test or essay;

6.2.17.a.5.C. An evaluation component; and,

6.2.17.a.5.D. An instruction sheet with clear information regarding how to obtain continuing education credit.

6.2.17.a.6. A home study provider shall file with the Board the required application forms in a manner prescribed by the Board and pay the appropriate fee. A sample of the entire home study program including a sample of the certificate of completion shall be included with this application. The certificate of completion shall contain all information cited in paragraph 6.2.a.2.L of this rule.

Series 05 Disciplinary and Complaint Procedures for Counselors

W. Va. Code R. § 27-5-1 General

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

1.2. Authority. -- W. Va. Code §§30-31-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- September 22, 2025.

1.4. Effective Date. -- October 22, 2025.

W. Va. Code R. § 27-5-2 Application

This rule applies to all persons practicing or making application to practice as a professional counselor.

W. Va. Code R. § 27-5-3 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 to practice counseling.

3.2. "Board" means the West Virginia Board of Examiners in Counseling.

3.3. "License" means a license issued by the Board to practice counseling.

3.4. "Licensed Professional Counselor" means a person who practices counseling pursuant to W. Va. Code §30-31-1.

3.5. "Ethics investigator" means a person who is hired and/or engaged by the Board for the purpose of investigating complaints leveled against counselors.

W. Va. Code R. § 27-5-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of an Applicant for Licensure or Licensee

4.1. The Board may deny an application for license, 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 a licensee or applicant has been convicted of a felony or is, in their professional capacity, engaged in conduct, practices or acts constituting professional negligence, including, but not limited to, the following:

4.1.1. Used narcotics, other controlled substances or alcohol to the extent that it affects their professional competency;

4.1.2. Is under a declaration of mental incompetence;

4.1.3. Has obtained or attempted to obtain a counseling license by fraud, deceit or willful misrepresentation;

4.1.4. Has violated the current code of ethics adopted by the Board;

4.1.5. Has impersonated another licensed professional counselor;

4.1.6. Has practiced, condoned, facilitated or collaborated with any form of discrimination against any person or group;

4.1.7. Has engaged in any action that violates or diminishes the civil or legal rights of clients;

4.1.8. Has been involved with the sexual exploitation of clients;

4.1.9. Has claimed, either directly or by implication, professional qualifications that differ from his or her actual qualifications;

4.1.10. Has practiced outside the areas of competence and services provided that are listed on their professional disclosure statement;

4.1.11. Has engaged in activities resulting in personal gain based upon information accessible solely as a result of the confidential relationship, regardless of the absence of harm or detriment to the client;

4.1.12. Has condoned, facilitated, or collaborated in unethical practices, which they are obligated to report to the West Virginia Board of Examiners in Counseling; or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §30-31-1 et seq. and/or the Legislative Rules, all series, of the Board.

W. Va. Code R. § 27-5-5 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 licensed professional counselor or applicant with a violation of W. Va. Code §30-31-1 et seq. and/or the Legislative rules, all series, of the Board. The Board may provide a form for that purpose, in addition to describing the alleged violation which prompted the complaint, the complaint must contain the following:

5.1.1. The name and address of the licensed professional counselor against whom the complaint is lodged;

5.1.2. The date or dates the incident or incidents occurred;

5.1.3. The name of any professional who may have treated the client after the alleged incident;

5.1.4. The name or names of witnesses to the incident or incidents.

5.2. A complaint against a licensed professional counselor shall allege that such person has been convicted of a felony or is, in their professional capacity, engaging in conduct, practices or acts constituting professional negligence, as cited in subsection 4.1 in this rule or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §30-31-1 et seq. and/or the Legislative rules, all series, 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 will maintain a complaint log, which records the receipt of each complaint, its nature and its disposition.

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

5.6. Upon receipt of a complaint, the Board will issue one of the following acknowledgments to the complainant:

5.6.1. That the matter will be reviewed by the Board;

5.6.2. That the complaint is outside the jurisdiction of the Board,

5.6.3. That more information will be required to adequately review the individual complaint.

5.7. The Board will send a copy of the complaint, including any supporting documentation, by certified mail or email to the licensee or applicant in question for a written comment. They must submit a written response to the Board within thirty (30) days of the date of correspondence or waive the right to do so.

5.8. Requests for comments on complaints sent to licensees or applicants will be considered properly served when sent to their last known address or email address.

5.9. Upon receipt of a licensee’s or applicant’s comments in response to a complaint, the Board may promptly send a copy of the response, including any supporting documentation, to the complainant.

5.10. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 5.6.b. of this rule, the Board will authorize any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations in the complaint.

5.11. At any point in its investigation of a complaint the Board may, at its discretion, assign the matter to an ethics investigator(s) for review and investigation.

5.12. Upon receipt of a complaint the ethics investigator must, within sixty (60) days, review and investigate the complaint and provide the Board with a report. The report must include a statement of the allegations, a statement of facts, an analysis of the complaint, the cited Ethics code, the records reviewed, and a statement of the ethics investigator’s findings and recommendations. The ethics investigator will, upon request, conduct an investigative interview with the licensee or applicant in question or other parties involved. A report of the interview will be placed in the investigation file.

5.13. To facilitate the disposition of a complaint, the Board or the committee 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.

5.14. The Board or the committee must give notice of the conference, the notice must 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. Failure to attend a conference will not prejudice any party to the case.

5.15. The Board, its Executive Director, or Chairperson 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, Executive Director or its Chairperson to issue a subpoena or subpoena duces tecum. A brief statement explaining the need for the subpoena must accompany any subpoena.

5.16. Upon receipt of the respondent’s response or at any point during an investigation or inquiry into a complaint, the Board 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 licensed professional counselor may be sanctioned by the Board. The ethics investigator must make their respective findings and recommendations to the Board prior to the Board dismissing the complaint.

5.17. If the investigative or complaint file is closed on the basis that the Licensed Professional Counselor has not been found to have violated any of the board’s governing statutes or rules, the Board shall remove all information relating to that investigation from his or her file.

W. Va. Code R. § 27-5-6 Contested Case Hearings

6.1. The Board may refuse to renew a license or suspend a license if it determines there is probable cause to believe that a licensed professional counselor’s conduct, practices, or acts constitute an immediate danger to the public.

W. Va. Code R. § 27-5-7 Appeals

7.1. Any applicant who has had their application for a license denied by order of the Board may appeal the order within thirty (30) days of that action in accordance with the contested case hearing procedures set forth in W. Va. Code §29A-5-1 et seq. and the Legislative rules, all series, of the Board: Provided, that the appeal 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.

Series 06 Contested Case Hearing Procedure for Licensed Professional Counselors

W. Va. Code R. § 27-6-1 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 §§ 30-31-1 et seq., 30-1-1 et seq., and 29A-5-1 et seq.

1.3. Filing Date. – September 22, 2025.

1.4. Effective Date. – October 22, 2025.

W. Va. Code R. § 27-6-2 Application

This rule applies to all people practicing or making application to practice as professional counselors.

W. Va. Code R. § 27-6-3 Definitions

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

3.1. "Applicant" means any person making application for an original or renewal license to practice counseling.

3.2. "Board" means the West Virginia Board of Examiners in Counseling. 3.3."Demanding party" means an individual who has been denied a license to practice counseling by the Board and who, as a result, demands that a hearing be held before the Board on the issue of the denial.

3.4. "Charged party" means an individual who holds a license to practice counseling issued by the Board and who has been charged by the Board as described in subsection 5.4. of this rule.

3.5. "License" means a license issued by the Board to practice counseling.

3.6. "Licensee" means an individual who holds a license to practice counseling issued by the Board.

3.7. "Practice of counseling" means the practice of counseling as defined in W. Va. Code §30-31-2 and includes counselors who hold themselves out to the public to engage in counseling or supervising those who render services for compensation or other personal gain involving the application of mental health counseling procedures to help in learning how to solve problems or make decision related to careers, personal growth, marriage, family or other interpersonal or intrapersonal concerns.

W. Va. Code R. § 27-6-4 Pre-conferences; Conferences; Informal Disposition of Cases

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

4.1.a. To dispose of procedural requests, pre-hearing motions or similar matters;

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

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

4.2. The Board may require conferences to be held on (their) own motion or at the request of a party.

4.3. The Board may also initiate or consider stipulation or agreement proposals regarding the informal disposition of cases and may enter into stipulations and/or agreements without conference.

W. Va. Code R. § 27-6-5 Hearing Procedure

5.1. Any applicant denied a license or any licensee or permit holder who has had their license suspended by the Board who believes the denial was in violation of the W. Va. Code §§30-1-1 et seq. and/or 30-31-1 et seq. is entitled to a hearing on the action denying or suspending such license.

5.2. Any person who desires a hearing for the reason described in subsection 5.1 of this section must present a written demand for a hearing to the Board.

5.3. A hearing will be scheduled within sixty (60) days of receipt of the written request. The hearing may be postponed to a later date by mutual agreement.

5.4. Charges may be instituted against any licensee by the Board when probable cause exists for believing that the licensee may have engaged in conduct, practices or acts in such condition that their license should be suspended, revoked or otherwise discipline for one or more of the grounds set forth in W. Va. Code § 30-31-9 et seq. and/or the Legislative 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 a complaint. Charges may also be based upon information received solely through investigative activities undertaken by the Board.

5.5. A complaint and notice of hearing containing the written charges filed against a licensee must be sent to the licensee at least 30 days prior to the date of the hearing.

5.5.a. The Board is designated as the “Complainant” in the complaint and notice of hearing.

5.5.b. The licensee is designated as the “Respondent” in the complaint and notice of hearing.

5.5.c. The complaint and notice of hearing must clearly state the substance of each offense, act of failure to act in sufficient detail to advise the Respondent of the charges or complaint against them. This may include, but is not limited to, the time and place the act or failure to act occurred and the law or rule that was violated.

5.5.d. The complaint and notice of hearing must give the date, time and place for the hearing.

5.6. Upon receipt of a demand for a hearing described in subsections 5.1 and 5.2 of this section, the chair or their designee shall provide the demanding party, with a Complaint and Notice of Hearing issued in the name of the Board as the agency of the state regulating the practice of counseling. 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 all reasons that the Board has denied the demanding party a license or permit with sufficient particularity to reasonably apprise the demanding party of the nature, time and place of the conduct or condition at issue therein; and shall state the date, time and place for the hearing.

5.7. The Board may require the person demanding the hearing to give security for the costs of the hearing and if the demanding party does not substantially prevail, the actual costs of the hearing may be assessed against them and may be collected in a civil action or by other proper remedy.

5.8. The Board may amend the charges set forth in a Complaint and Notice of Hearing, as it deems proper with thirty (30) days’ notice.

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

5.10. Upon a 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 a license and/or permit shall be provided to the demanding or charged party or their counsel, at least ten (10) days prior to the hearing date.

5.11. Hearings shall be conducted as follows:

5.11.a. Any party to a hearing has the right to be represented by an attorney-at-law, duly qualified to practice law in the state of West Virginia.

5.11.b. The Board shall be represented by the West Virginia Attorney General's Office.

5.11.c. 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 to 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

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

5.11.e. 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.

5.11.f. 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 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.

5.11.g. The hearing will be held at such time and place designated by the Board, but no hearing shall be conducted unless at least thirty (30) days’ written notice of the hearing has been given. Service of the notice shall be by personal service upon the charged or demanding party or by United States Mail addressed to the person’s last known address.

5.11.h. The hearing shall be open to the general public.

5.11.i. Members of the Board and its officers, agents and employees are 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 testified.

5.11.j. The hearing shall be conducted by a quorum of the Board.

5.11.k. A stenographic report of each proceeding on the denial, suspension or revocation of a certificate, license, registration or authority shall be made at the expense of the Board and a transcript thereof retained in the Board’s files. The Board will make a written report of its findings, which shall constitute part of the record. Upon request, a copy of the report(s) will be furnished to the respondent at his or her expense.

5.11.l. Documentary evidence, written or recorded evidence, may be received in the form of copies or excerpts or by incorporation by reference.

5.11.m. Where a hearing is held upon the instance of the Board after charges have been brought against a licensee pursuant to subsections 5.4 and 5.5 of this section, the Board has the burden of proof and must present its evidence and/or testimony in support of the charges first.

5.11.n. Where a hearing is held upon demand under the provisions of subsections 5.1, 5.2, 5.3, and 5.6 of this action, the demanding party has the burden of proof and is required to present his or her evidence first.

5.11.o. Following the conclusion of the Board's presentation of evidence in accordance with subdivision 5.11.m. of this rule, the Respondent or charged party has the right to submit his or her evidence in defense.

5.11.p. Following the conclusion of the demanding party's presentation of evidence in accordance with subdivision 5.11.n of this rule, the Board has the right to offer its evidence in rebuttal.

5.11.q. The Board may call witnesses to testify in support of its decision to deny licensure, to deny a permit 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.

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

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

5.11.t. 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 a 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 hearing date may be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of the hearing will be ruled on by the chair or executive secretary of the Board. All other motions for continuance will be ruled on by the Board member(s) or the member presiding over the hearing.

5.11.u. All motions relating to a case set for hearing before the Board, except motions for continuance and those made during the hearing, must be in writing and received in the Board office at least ten (10) days before the hearing. Pre-hearing motions will be heard at a pre-hearing conference, as cited in subsection 4.1,4.2,4.3. of this rule, or at the hearing prior to the commencement of testimony. The Board member(s) presiding at the hearing will hear the motions and the response from the non-moving party and rule on the motions.

W. Va. Code R. § 27-6-6 Transcription of Testimony and Evidence

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

6.2. All reported materials will be transcribed. The Board has the responsibility to arrange for the transcription of the reported testimony and evidence.

6.3. Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the Board chair or presiding member will settle all differences arising as to whether the transcript truly discloses what occurred at the hearing and will require the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

6.4. A transcript of the hearing will 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 permit disciplinary matter.

W. Va. Code R. § 27-6-7 Submission of Proposed Findings of Fact and Conclusions of Law

7.1. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Board.

W. Va. Code R. § 27-6-8 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. § 27-6-9 Subpoenas

9.1. Subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel the production of documents may be issued by any member of the Board or the Executive Director. 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 subsection 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 must have them properly served in accordance with W. Va. Code §29A-5-1(b).

W. Va. Code R. § 27-6-10 Orders

10.1. Any final order entered by the Board following a hearing conducted pursuant to this rule must be made pursuant to the provisions of W. Va. Code §§29A-5-3 and 30-1-8(d).

All final orders must 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 must be served upon the demanding or charged party and/or his or her attorney of record, if any, within ten (10) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 27-6-11 Appeal

11.1. An appeal from any final order entered in accordance with these rules must comply with the provisions of W. Va. Code §§ 30-1-9 and 29A-5-1 et seq.

Series 07 Open Meeting and Bylaws

W. Va. Code R. § 27-7-1 General

1.1. Scope. – T his procedural rule sets forth the means by which the purpose of all regular and special meetings is made available in advance to the public and the news media, except in the event of an emergency requiring immediate official action and also sets forth certain bylaws of the board.

1.2. Authority. -- W. Va. Code §§6-9A and 30-31-1.

1.3. Filing Date. -- September 22, 2025.

1.4. Effective Date. – October 22, 2025.

W. Va. Code R. § 27-7-2 Application and Enforcement

This procedural rule applies to the board and all individuals desiring to attend or to address the West Virginia State Board of Examiners in Counseling.

W. Va. Code R. § 27-7-3 Definitions

3.1. Board – The West Virginia State Board of Examiners in Counseling.

3.2. Meeting – The convening of a governing body of a public body for which a quorum is required.

3.3. Quorum – A simple majority of the constituted members of the board.

W. Va. Code R. § 27-7-4 Regular Meetings

4.1. The Board shall conduct a minimum of four (4) quarterly meetings. The meetings for each year are scheduled a year in advance at dates agreed upon by majority of the Board members to ensure a quorum exists to successfully conduct the business of the Board.

4.2. The Executive Director shall provide notice of the date, time, location and purpose of each regular meeting to the Secretary of State and list on the Board’s website, as well as people and organizations who request information, at least fifteen (15) business days in advance of a regularly scheduled meeting.

4.3. Board members may submit agenda items at any time.

4.4. Non-Board members may submit items for Board consideration. The items should be submitted not less than thirty (30) days prior to the date of a regularly scheduled meeting. The Chairperson makes the final determination on whether an item submitted less than thirty (30) days in advance shall be considered.

4.5. Individuals who desire to address the board during a regularly scheduled meeting may do so by making their wish known to the Chairperson at any time prior to the call to order.

4.6. The Chairperson may cancel a meeting if a quorum cannot be convened or if there are no items of business to be conducted by the Board.

W. Va. Code R. § 27-7-5 Special Meetings

5.1. The Chairperson, the Executive Director or any two (2) members of the board may call a special meeting.

5.2. The Executive Director may send a written notice setting forth the time, place and matters to be considered to each member of the board at least ten (10) business days in advance of a special meeting.

5.3. The Executive Director shall file a written notice containing the time, place, and matters to be considered at least five (5) business days in advance of any special meeting, to the Secretary of State, professional associations, as well as people and organizations who request the information.

W. Va. Code R. § 27-7-6 Emergency Meetings

6.1. The Chairperson may call a meeting in the event of an emergency requiring immediate official action by the board.

6.2. The Executive Director may notify members by email, telephone or other expedient method.

6.3. The Executive Director shall file a written notice containing time, place, purpose of the meeting and facts and circumstances of the emergency prior to the meeting, with the Secretary of State.

W. Va. Code R. § 27-7-7 Executive Sessions

7.1. The Board may hold executive sessions, as provided in W. Va. Code §6-9A-4., for the purpose of discussing employment promotion, resignation, discipline, discharge, or compensation of any public officer or employee unless the public officer or employee requests an open meeting; or to discuss issues affecting denial, suspension or revocation of a license unless the licensee requests a meeting; or to discuss material the disclosure of which would constitute an unwarranted invasion of an individual’s privacy; or to discuss an official investigation relating to law enforcement; or to discuss matters relating to development, administration or security of a licensure examination; or to discuss logistical of procedural methods to schedule and regulate a meeting.

7.2. The Chairperson shall convene an executive session by identifying and announcing to the members of the board and public in attendance the authorization under §6-9A-4 for holding the executive session. A majority affirmative vote of the members present is required to hold the executive session. All decisions resulting from discussions during the executive session shall be made during an open meeting.

W. Va. Code R. § 27-7-8 Minutes

8.1. The Board shall prepare written minutes for all meetings. Minutes are available to the public within a reasonable time after the meeting and include:

8.1.a. The date, time and place of the meeting

8.1.b. The name of each Board member present or absent

8.1.c. The name of each staff member and guest present,

8.1.d. All motions, proposals, resolutions, orders, ordinances and measures proposed, the name of the person proposing the same, and their disposition, and,

8.2. Minutes of executive sessions may be limited to material which is not inconsistent with the provisions of W. Va. Code §6-9A.

8.3. A Board member may request that a minority report be included in the minutes.

W. Va. Code R. § 27-7-9 Quorum

9.1. A quorum for conducting business at a regular or special meeting of the board shall be a simple majority of the members.

9.2. Each member has one (1) vote on all matters of business.

9.3. The vote of a majority of all members present at any meeting of the Board shall be necessary to take any action.

9.4. The Board may hold regular or special meetings with one (1) or more members participating by telephone conference call, video conference or other interactive means of conducting conference communications. Minutes shall reflect the names of participating members and a report of a roll call on each vote.

9.5. Proxy voting is prohibited.

9.6. The Board may authorize a mail or email vote providing the issue to be voted on has been presented in a regular meeting of the Board. Matters for vote by mail are limited to acceptance of editorial revisions or those matters where more detail is requested prior to final approval. All issues voted on by mail or email shall be discussed and the vote ratified at the next regular meeting of the Board following the vote.

W. Va. Code R. § 27-7-10 Records of the Board

All records and proceedings of the Board are public records shall be available to the public during the usual and customary business hours of the Board, except as provided by W. Va. Code §29B-1-4.

W. Va. Code R. § 27-7-11 Election of Officers

11.1. The Board shall elect officers during the annual meeting in each calendar year.

11.2. The elected officers shall be Chairperson and Secretary.

11.3. The Executive Director shall be an ex-officio member of the Board and has no voting privileges.

11.4. Officers serve for a one (1) year term.

11.5. Officers may be re-elected to serve one (1) additional term, but in no instance shall an officer serve more than two (2) successive terms.

11.6. Newly elected officers assume the duties of office within fifteen (15) calendar days following the date of the regular meeting during which they are elected.

W. Va. Code R. § 27-7-12 Duties of Officers

12.1. Chairperson: Presides at all meetings of the Board, appoints all committees of the Board, serves as or designates the Chairperson for all committees and performs other duties incidentally to the office.

12.2. Secretary: Records minutes of the Board meetings, authorizes distribution of minutes following meetings, and performs other duties as requested by the Chairperson. The secretary shall preside if the Chairperson is absent and shall appoint someone else to record the minutes.

12.3. The Executive Director, as the appointed employee of the Board, keeps an account of all the monies received and spent on behalf of the Board and provides a report of receipts and expenditures at each regular meeting of the Board.

W. Va. Code R. § 27-7-13 Vacancies in Elected Offices

13.1. Chairperson. If the chairperson is unable to complete their term of office, there shall be a new election.

13.2. Secretary. If the secretary is unable to complete their term in office, a new secretary shall be elected to serve the unexpired term.

W. Va. Code R. § 27-7-14 Resignation of Members

A member who wishes to resign should send a letter of resignation to the Governor with a copy to the Chairperson of the Board.

W. Va. Code R. § 27-7-15 Ad Hoc Committees

The Chairperson of the Board shall appoint ad hoc committees as needed to accomplish the objectives established by the Board. Appointment to committees is not limited to members and may include any individual who will best serve a particular committee.

W. Va. Code R. § 27-7-16 Contested Case Hearings

16.1. Contested case hearing shall be held before a quorum of the board or before an independent hearing examiner.

16.2. All contested case hearings are open to the public.

16.3. Contested case hearings shall be held as provided in W. Va. Code §29A-5-1. et. seq. and 30-31-1.

16.4. The board shall consider evidence gathered in a contested case hearing and shall determine denial, suspension, revocation or other disciplinary action in executive session.

16.5. All final decisions by the Board to deny, suspend, revoke or otherwise discipline a licensee are public.

W. Va. Code R. § 27-7-17 Applicable Situations Not Addressed in These Rules

Roberts’ Rules of Order Newly Revised Shall Govern the Meetings of the Board in Applicable Situations Not Addressed in These Rules.

W. Va. Code R. § 27-7-18 Amendments

Amendments to this Open Meetings and Bylaws Rule Shall be Made in Accordance with Established Procedures for Promulgating Procedural Rules, Pursuant to Secretary of State’s rule 153 CSR 6.

Series 08 Marriage and Family Therapist Licensing Rule

W. Va. Code R. § 27-8-1 General

1.1. Scope. -- This rule establishes standards for marriage and family therapists to follow in applying, qualifying, and maintaining licensure as a marriage and family therapist.

1.2. Authority. -- W. Va. Code §§30-31-5 and 30-31-6.

1.3. Filing Date. – April 14, 2026.

1.4. Effective Date. – April 14, 2026.

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

W. Va. Code R. § 27-8-2 Definitions

2.1. The following definitions apply to all rules promulgated by the Board of Examiners in Counseling unless the word or term is explicitly defined or used in a different manner.

2.2. “Application” means an application, providing all required information via a modality approved by the Board, including all supporting documentation and the fee, that is filed with the Board as instructed.

2.3. “Marriage and family therapy” means the diagnosis and treatment of mental and emotional disorders whether cognitive, affective, or behavioral, specifically within the context of marriage and family systems, that involve the professional application of theories and techniques to individuals, couples, and families, singly or in groups.

2.4. “Marriage and family therapy work experience” means the applicant’s primary professional responsibility that was in direct provision of marriage and family therapy services or indirect services, including direct or indirect marriage and family therapist supervision, approved by the Board.

2.5. “Direct supervision” means face to face or secured interactive contact such as telephone, video, or other contact that clearly addresses the required specialty areas as cited in subdivision 6.1.a. of this rule.

2.6. “Indirect supervision” means review of written reports, case notes, test data and/or any review of representation of supervised marriage and family therapist’s work.

2.7. “Endorsement Licensure for Independent Clinical Practice” means being fully licensed at the highest level in a state or jurisdiction, whereby the licensee’s scope of practice includes the ability to assess, diagnose and treat mental and emotional disorders without being under the direct supervision of another licensed mental health professional.

2.8. “Licensed Marriage and Family Therapist -Associate (LMFTA)” – a Licensed Marriage and Family Therapist Associate, is qualified to diagnosis and treat mental and emotional disorders, whether cognitive, affective or behavioral, specifically within the context of marriage and family systems, that involve the professional application of theories and techniques to individuals, couples and families, singularly or in groups while under the supervision of a Board qualified supervisor.

W. Va. Code R. § 27-8-3 Requirements for Application

3.1. The applicant shall submit, a licensure application containing the following information, before the Board considers the applicant for licensure:

3.1.1. An application completed within six (6) months prior to submission via a modality approved by the Board;

3.1.2. A non-refundable application fee pursuant to 27CSR9 by credit/debit card, check or money order payable to West Virginia Board of Examiners in Counseling (WVBEC);

3.1.3. Official graduate transcripts sent directly from a college university, or clearinghouse;

3.1.4. Two (2) completed professional recommendation forms from Master or Doctoral level individuals licensed as marriage and family therapists, professional counselors, psychologists, social workers, or psychiatrists on a form provided by the Board. The forms need to be dated within six (6) months prior to the submission of the application. Persons with a temporary license may not complete the recommendation form;

3.1.5. Three (3) personal reference letters to satisfy the Board that the applicant is of good moral character and merits public trust. The letter’s author may not be the same person completing a recommendation form. The letters must be dated within six (6) months prior to submission of the application. The Board does not provide a form for this purpose;

3.1.6. A supervisor’s registration contract submitted on a form provided by the Board. The proposed professional supervisor shall meet the requirements of subdivision 6.2.f. of this rule; and,

3.1.7. Verification of supervision forms. These forms shall document the supervised therapy experience, including quarterly reports, supervisor’s midpoint and final verification and assessment form (SVA). These forms are provided by the Board.

3.2. Fees pursuant to 27CSR9 associated with the application process are non-refundable.

3.3. Applicants who have passed an examination shall submit proof of a passing score for approval by the Board. A passing score is valid for five (5) years from the date of examination. An applicant may submit a licensure application prior to obtaining a passing score on certification exam.

3.4. For applicants who have not passed an examination, they shall file a completed licensure application with the Board office prior to taking the Board approved exam. The exam may be taken only after the Board determines that the applicant is eligible for licensure. 3.5 Documentation more than three (3) years or older, to include supervision, shall not be considered towards current licensing efforts. Up to 500 supervision hours completed in another state of jurisdiction may be considered for licensing with proof provided at the time of application.

W. Va. Code R. § 27-8-4 Requirements for examination and examination failure

4.1. The examination required for licensure as a marriage and family therapist is the “Examination in Marital and Family Therapy” offered by the “Association of Marital and Family Therapy Regulatory Boards” (AMFTRB) or an exam approved by the Board.

4.2. An applicant may sit for an approved examination within a twelve-month period, making three (3) attempts without requiring additional permission from the Board.

4.3. An applicant who fails the examination three (3) times must reapply for licensure in accordance with §27-8-3 qualifications.

W. Va. Code R. § 27-8-5 Requirements for Endorsement Licensure

5.1. An individual may apply for endorsement review if the individual is currently licensed in another state or jurisdiction. The licensing requirements of the endorsing state shall be equal to or greater than the requirements in this rule as determined by the Board.

5.2. To be eligible for licensure for independent practice in the state of West Virginia as a Licensed Marriage and Family Therapist by Endorsement, an applicant must be currently licensed at the highest level of licensure for independent clinical practice regardless of the criteria at the time of initial licensure in the originating state.

5.2.1. The following documentation is required for the Board to consider the applicant for endorsement:

5.2.1.a. A completed West Virginia application;

5.2.1.b. The appropriate fee pursuant to 27CSR9.

5.3. Applicants applying as an endorsement applicant shall provide the following:

5.3.1. Proof of good standing in all jurisdictions where licensed, current, or otherwise, with proof of no discipline in any jurisdictions for an act that would have constituted grounds for refusal, suspension, or revocation of a license to practice marriage and family therapy in the state of West Virginia at the time the act was committed, to include pending actions or investigations; and

5.3.2. Verification of licensure standing from all states or jurisdictions where currently licensed.

5.4. Fees pursuant to 27CSR9 associated with the application process are non-refundable.

5.5. After an application is voided, the applicant may submit a new application with all required documentation and the applicable fee pursuant to 27CSR9.

W. Va. Code R. § 27-8-6 Qualifications for New Applicants

6.1. Education: The education requirements for the licensure of applicants are set forth in W. Va. Code §30-31-9. To meet those requirements, an applicant shall have one (1) of the following degrees:

6.1.1. A master's or doctoral degree from an institution with a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE), Council on Accreditation of Counseling and Related Educational Programs (CACREP), the North Central Association of Colleges and Schools (NCACS), the Southern Association of Colleges and Schools (SACS) or a comparable accrediting body as determined by the Board. Applicants shall complete a minimum of 60 semester hours or 90 quarter hours of graduate course work inclusive of a master’s or doctoral degree in marriage and family therapy. Pertaining to the educational requirements, a degree in marriage and family therapy shall meet all the following criteria, as determined by the Board:

6.1.1.a. The program or concentration must clearly be identified as marriage and family therapy. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train marriage and family therapists;

6.1.1.b. The marriage and family therapy curriculum must stand as a recognized entity within the institution and have a marriage and family therapy faculty;

6.1.1.c. The marriage and family therapy coursework completed must be an organized course of study that includes at least one three-hour graduate course in each of these eight (8) areas of marriage and family therapy:

6.1.1.c.1. Marriage and family studies: Courses in this area should present a fundamental introduction to marriage and family studies. The student should learn to think across a wide variety of family structures and a diverse range of issues (i.e., gender, culture, and substance abuse). Topic areas may include but are not limited to family development, subsystems, blended families, gender issues in families, and cultural issues in families;

6.1.1.c.2. Systems theory: Courses in this area should address the historical development, theoretical and empirical foundations, and contemporary conceptual directions of the field of marriage and family therapy;

6.1.1.c.3. Research: Courses in this area should assist the student in understanding and performing research. Topic areas may include research methodology, qualitative and quantitative methods, and statistics;

6.1.1.c.4. Professional ethics: Courses in this area shall include the "American Association for Marriage and Family Therapy" (AAMFT) Code of Ethics, confidentiality and liabilities of clinical practice and research, professional ethics as a marriage and family therapist, professional socialization and the role of the professional organization, licensure or certification legislation, independent practice and inter professional cooperation. Religious ethics courses and moral theology courses do not meet this requirement;

6.1.1.c.5. Human growth and development: Courses in this area should provide knowledge of personality development and its normal and abnormal manifestations. The student should have relevant coursework in human development across the lifespan, which includes special issues that should be integrated with systems concepts. Topic areas may include but are not limited to human development, psychopathology, personality theory, human sexuality. Test and measurement courses do not meet this requirement;

6.1.1.c.6. Appraisal of individuals and families includes individual and family differences, methods of data gathering and interpretation, individual, family and group testing, and case study;

6.1.1.c.7. Principles of etiology, assessment, diagnosis, treatment planning, and prevention of mental and emotional disorders and dysfunctional behavior; and,

6.1.1.c.8. Practicum: Includes supervised training experience consisting of the provision of marriage and family therapy to clients that is acceptable to the Board;

6.1.1.c.8.A. A minimum of twelve months supervised clinical practicum with 300 hours of direct contact with individuals, couples, and or families;

6.1.1.c.8.B. Fifty percent (50%) of the 300 hours shall be with couples and families present.

6.1.1.d. The marriage and family therapy coursework completed shall include four (4) courses in marriage and family therapy. Courses in this area should have a major focus on advanced marital or family systems and systemic therapeutic interventions. This area is intended to provide a substantive understanding of the major theories of system change and the applied practices evolving from each theoretical orientation. Major theoretical approaches include but are not limited to strategic, structural, object relations, behavioral, intergenerational, and systemic sex therapy.

6.1.1.e. Additional or advanced courses in any required curriculum category listed in subdivisions 6.1.a(3) and 6.1.a(4) of this rule or sufficient semester credit hour courses that are marriage and family-related elective subjects to equal the semester credit hour course requirements as outlined in subsections 6.1.a(3) and 6.1.a(4) of this rule.

6.1.2. Applicants with other graduate degrees in a mental health field that contain 60 semester hours, or 90 quarter hours must submit written evidence that the degree program and any additional coursework meet standards that are equivalent to a graduate degree in marriage and family therapy set forth in paragraphs 6.1.a(3) and 6.1.a(4) of this rule.

6.1.3. The credentialing committee, composed of two (2) counselor educators, Executive Director and other Board staff, shall review all matters regarding education requirements. The marriage and family board member may attend credentialing committee meetings at their discretion or when requested by the committee. The credentialing committee may make a final determination regarding the sufficiency of the applicant’s education or may refer the matter to the entire Board for determination. Any determination made by the committee or Board may be appealed in accordance with the procedures set forth in 27CSR5 of the Board’s rules.

6.2. Supervised post-graduate work experience: The applicant shall have a minimum of 3000 hours of supervised marriage and family therapy experience, after earning a master’s degree in marriage and family therapy as determined by the Board; or have earned a doctoral degree in marriage and family therapy as determined by the Board and have a minimum of 1500 hours of supervised marriage and family therapy experience after earning the degree.

6.2.1. The applicant may receive up to 600 hours credit toward the 3000-hour minimum requirement in subsection 6.2 of this rule for the work completed in their practicum and internship from their master’s program. The credentialing committee shall determine the number of hours that may be granted. There is no credit hours granted for the doctoral supervision hour requirement.

6.2.1.a. The master’s level marriage and family therapy work experience shall be obtained in no less than two (2) years, and the doctoral degree marriage and family therapy work experience shall be obtained in no less than one (1) year.

6.2.1.b. The Board may not credit an applicant with more than 1500 hours of experience in any twelve (12) month period.

6.2.1.c. At least 50% of the supervised marriage and family therapy experiences shall be in the direct provision of therapy to individuals, couples, and/or families.

6.2.1.c.1. Applicants should apply systemic theories and treatment with all clients and make every effort to work with as many couples and families as possible. At least 50% of the 1500 hours in subdivision 6.2.c. of this rule shall be with couples and families present.

6.2.1.d. The applicant shall remain under professional supervision satisfactorily to the Board and may not be called a licensed marriage and family therapist, or in any way be represented as a licensed marriage and family therapist, until the applicant is licensed by the Board.

6.2.1.e. The professional supervisor shall determine the applicant’s activities. A minimum of one (1) hour of direct individual supervision is required for every 20 hours of practice unless the professional supervisor considers additional supervision is necessary. When the professional supervisor is not a full-time employee of the same practice or agency as the applicant, the supervision shall occur at least twice in each calendar month while maintaining the minimum hourly requirement, unless the professional supervisor considers additional supervision is necessary. The supervisor shall be reasonably available to the applicant for consultation. An approved professional supervisor may not supervise more than four (4) individual applicants but may have additional supervisees (no more than eight (8) total) with prior Board approval. Supervision can be conducted in-person or via any secured, encrypted telecommunication modality.

6.2.1.f. The professional supervisor shall be pre-approved by the Board and shall provide post-graduate degree supervision for applicants provided they are a licensed marriage and family therapist or licensed professional counselor. At a minimum, the professional supervisor shall have been licensed for a period of two (2) years and shall have five (5) years therapy/counseling experience. The professional supervisor shall document to the Board that they have a current license, has completed Board approved training in therapy/counseling supervision that includes content and experiences relevant to the professional of clinical supervision of marriage and family therapists, and has completed the jurisprudence exam directed by the Board. The professional supervisor shall provide the Board with a statement detailing their therapy philosophy, supervision experience and therapy experience. The professional supervisor shall demonstrate a stable employment history and skills necessary to address core areas of practice as outlined in subdivision 6.1.a of this rule and the AAMFT Code of Ethics.

6.2.1.f.1. The training in therapy/counseling supervision in subdivision 6.2.g. of this rule shall be one of the following:

6.2.1.f.2. Successful completion of a one (1) semester graduate course in marriage and family therapy clinical supervision from an accredited institution; or

6.2.1.f.3. A 30-hour continuing education course in clinical supervision offered by a board approved provider.

6.2.1.g. In lieu of meeting the qualifications set forth in subdivision 6.2.g. of this rule, a licensed mental health professional is an acceptable professional supervisor if the licensed mental health professional has been designated as an approved supervisor by the American Association for Marriage and Family Therapy (AAMFT) before the licensed mental health professional provides supervision.

6.2.1.h. The applicant shall provide the Board with verification of completion of supervised marriage and family therapy experience with successful endorsement from the ALPS (supervisor). If the ALPS does not endorse the applicant, additional supervision may be required.

6.3. Standardized certification examination in marriage and family therapy: The applicant shall provide the Board with verification that they have attained a successful score on a certification examination in marriage and family therapy approved by the Board. The successful score is valid for five (5) years from the date of examination.

W. Va. Code R. § 27-8-7 Licensed Marriage and Family Therapist-Associate

7.1. An applicant shall obtain a Licensed Marriage and Family Therapist-Associate license before the applicant begins the supervisory experience. Hours obtained by an unlicensed person in any setting shall not count toward the supervised experience requirements.

7.2. The Board shall issue a Licensed Marriage and Family Therapist-Associate license to an applicant who:

7.2.1. has filed a licensure application in accordance with subsection 3.1 of this rule;

7.2.2. has met all the licensure requirements, including the academic requirements in section 6 of this rule; and passed the required examination in section 6.3 of this rule;

7.2.3. has signed a statement, included in the application, that the applicant has read and understands the AAMFT Code of Ethics, and the board rules as defined in this Series;

7.3. Any applicant with post-degree supervision hours completed and documented in another state may have those supervision hours considered by the Board toward the supervision requirements in this state if the supervisory requirements for licensure are equal to or greater than this Board’s supervisory requirements and are provided at the time the application is submitted.

7.4. Supervision during the associate licensing period shall be continuous, and any interruption in supervision of more than six (6) weeks shall be reported to the Board, in writing, within 30 days of the interruption. Interruptions not reported in a timely manner may result in termination of the associate license or other disciplinary action or sanctions as determined appropriately by the Board.

7.5. The Board must be notified in writing of any changes in supervision, to include change of Board approved supervisor and/or job positions, and the changes approved before the change(s) occur. Failure to obtain approval of such changes will nullify any hours accrued between the termination of one supervisor and/or job change and the approval of the other.

7.6. Associate licensed marriage and family therapists may not own, operate, or function as an independent contractor (1099) of a private practice and must practice only as part of their licensure supervisory requirement as outlined in subsection 6.2 of this rule.

7.7. An associate license is valid for 36 months. An associate licensee who does not complete the supervised therapy experience during the 36-month licensure period may renew their associate license once for an additional 24 months by written request and payment of a fee equal to the current initial application fee.

W. Va. Code R. § 27-8-8 Issuance of License. 8.1 A license authorizing the holder to engage in the practice of marriage and family therapy shall be issued by the Board to each successful applicant for licensure as a marriage and family therapist. 8.2 Each license issued by the Board shall contain the licensee’s name, license number, the date of issuance and a statement indicating the license expiration date of June 30. 8.3 Official licenses shall be signed, in person or electronically, by the Chairperson and Secretary of the Board, and be affixed with the official seal of the Board. 8.4 All licenses issued by the Board remain the property of the Board and shall be surrendered upon demand. 8.5 Once all requirements for licensure have been determined, the Board shall send notification of the license to the applicant’s last known email address

W. Va. Code R. § 27-8-9 Professional Disclosure

9.1. A licensee shall display a professional disclosure statement at the place where they perform services and make a copy of the statement available to clients upon request. The Board shall provide the professional disclosure statement form when a license is originally issued. A licensee may obtain additional forms through the Board office or website.

9.2. The following information shall be included in the professional disclosure statement:

9.2.1. The name, title, business address, and business phone number of the licensee performing the service;

9.2.2. The formal professional education of the licensee, including academic degrees, the institutions awarding those degrees and the dates they were received;

9.2.2.a. Formal professional education means the licensee’s academic training related to marriage and family therapy which meets the educational requirements for licensure as a marriage and family therapist; and,

9.2.2.b. Academic degrees that do not meet the requirements for licensure are not formal professional education as defined in this Rule and shall not be listed.

9.2.3. The licensee’s areas of competence in marriage and family and the services they provide are as follows (as is appropriate): The practice of marriage and family therapy and the delivery of those services are defined in sections §27-8-2.3. of this rule. The marriage and family therapist areas of competence and services are required to be listed on the professional statement; and

9.2.4. The Board’s name, current address, and telephone number. The following statement shall appear just above the Board’s information: Any questions, concerns or complaints relating to the delivery of service by the marriage and family therapist listed above may be directed to.

9.3. The following legal and ethical principles apply to the licensee in providing this disclosure statement:

9.3.1. The provision of the professional disclosure statement is the sole responsibility of the licensee. The licensee shall submit a copy of the professional disclosure statement to the Board;

9.3.2. The purpose of professional disclosure is to provide sufficient information to aid the consumer public in making informed judgments and choices on matters that concern it; and,

9.3.3. Areas of competence and services provided listed on the professional disclosure statement shall not exceed those professional qualifications possessed.

9.4. In listing areas of competence and services provided on the professional disclosure statement, the licensee shall adhere to the scope of practice of marriage and family therapy and delivery of services as defined in W. Va. Code §30-31-3(g), and as cited in Section 9 of this rule.

W. Va. Code R. § 27-8-10 Code of Ethics

10.1. The Board adopts the current version of the American Association for Marriage and Family Therapy’s Code of Ethics as part of this rule and all provisions of the Code of Ethics have the effect as if it were a specifically promulgated rule of the Board.

10.2. The Board may take disciplinary action against a licensee who fails to comply with the Code of Ethics cited in subsection 10.1. of this rule.

W. Va. Code R. § 27-8-11 Responsibilities of Licensees

11.1. Licensees shall familiarize themselves with the most current provisions of the W. Va. Code 30-31-1 et seq, the Code of Ethics of the American Association for Marriage and Family Therapy and practice therapy in accordance with the law and all rules promulgated by the Board.

11.2. A licensee shall notify the Board within 30 days of any change of their legal name, primary address, telephone number, email address or similar change of location or status via a modality approved by the Board.

11.3. A licensee shall notify the Board in writing within 30 days of witnessing what may constitute, in their best judgment, professional misconduct by another marriage and family therapist.

W. Va. Code R. § 27-8-12 Expired License. 12.1 A person whose license has expired and who continues to hold themselves out as a licensed marriage and family therapist or who engages in marriage and family therapy without a license is in violation of W. Va. Code 30-31-1

W. Va. Code R. § 27-8-13 Relations with the Public and Other Professions

13.1. A licensee shall neither misrepresent nor accept misrepresentation by other persons of the efficacy of their professional services.

13.2. A licensee shall not, under normal circumstances, offer professional services to clients already receiving services from another professional, unless agreed upon by all parties.

13.3. A licensee shall not distribute advertisements, announcements, or information that is false, inaccurate, misleading, partial, out of context, or deceptive.

13.4. A licensee shall clearly state their licensure status using the title “Licensed Marriage and Family Therapist or “LMFT” in all professional correspondence, documents, advertisements, and announcements.

13.5. A licensee shall display their original current license certificate and disclosure statement in a prominent place in the primary location of their practice.

13.6. A licensee shall distinguish between public statements made as a private citizen and those made as a representative of the profession and be aware that any statement they make may be interpreted as being representative of their profession.

13.7. A licensee shall not give or accept a commission, rebate, or other form of remuneration for referral of clients for professional services.

W. Va. Code R. § 27-8-14 Violations of Child Support

14.1. The Board shall revoke or suspend the license of a licensee or impose other sanctions against a licensee or refuse to renew a license or approve an application for license, after receiving a valid circuit court order indicating that the licensee has violated a child support ruling and, as a result, has endangered his or her professional license.

14.2. The Board shall reinstate, remove sanctions against or allow renewal of or application for a license after receiving a valid circuit court order to reinstate or renew a license previously suspended, revoked or sanctioned because of a similar order of the court.

W. Va. Code R. § 27-8-15 Retirement Status

15.1. Before the Board may consider the licensee for retirement status, the licensee shall submit, no sooner than two (2) weeks prior to June 30 of every even numbered year, a retirement application packet, in a format designated by the Board, containing all the following information:

15.1.1. A completed retirement status application on a form provided by the board; and,

15.1.2. A copy of the recording form documenting all the individual continuing education offerings completed by the licensee on a form provided by the board; and,

15.1.3. Copies of all certificates of completion corresponding with the documentation provided on the recording form; and,

15.1.4. The appropriate fee, as set forth in 27CSR9 MFT Fee Rules.

15.2. Upon approval for the retirement status designation, the licensee in Retirement Status (LMFT-R) shall only work in a voluntary position for renewal of the retired licensee;

15.2.1. Shall complete 20 contact hours each renewal cycle;

15.2.2. Shall complete three (3) of the 20 contact hours in Ethics based on the American Association for Marriage and Family Therapy’s Code of Ethics;

15.2.3. May complete all 20 contact hours in home study including the ethics; and,

15.2.4. Shall pay the appropriate fee, as set forth in, §27-9, LMFT Fee Rules.

W. Va. Code R. § 27-8-16 Inactive Status

16.1. Inactive status shall only be granted to licenses in good-standing and meeting additional requirements as outlined by the Board.

16.1.1. The licensee shall submit to the Board a completed inactive status application on a form provided by the board with the fee, prior to June 16 of the year the application is being submitted;

16.1.2. A copy of the recording form documenting all individual continuing education offerings completed by the licensee on a form provided by the board when applicable.

16.1.3. Copies of all certificates of completion corresponding with the documentation provided on the recording form when applicable; and,

16.1.4. The appropriate fee, as set forth in, 27CSR9 LMFT Fee Rules.

16.2. Upon approval for the inactive status designation, the LMFT in inactive Status (LMFT-I) may NOT provide counseling services of any kind.

16.2.1. The licensee is NOT required to obtain continuing education credits during approved inactive status period;

16.2.2. Shall complete 35 hours of continuing education credits in the two (2) years proceeding an application to return to active status;

16.2.3. Shall complete three (3) of the 35 continuing education credits in Ethics based on the American Association for Marriage and Family Therapy’s Code of Ethics;

16.2.4. Shall complete two (2) of the 20 continuing education credits required in mental health conditions specific to veterans and family members of veterans as cited in 27CSR3, Renewal Rule section.;

16.2.5. For a license that is inactive for more than five (5) years, to return to active status, you may be subject to additional continuing education, supervision and/or completion of additional course work, and;

16.2.6. Shall pay the appropriate fee, as set forth in, 27CSR9 LMFT Fee Rules.

27CSR8

Series 09 Marriage and Family Therapist Fees Rule

W. Va. Code R. § 27-9-1 General

1.1. Scope. -- This rule establishes fee requirements related to the licensing of marriage and family therapists, renewal of the licenses, and application and monitoring of continuing professional education providers and their programs.

1.2. Authority. -- W. Va. Code §30-31-6.

1.3. Filing Date. – July 21, 2022.

1.4. Effective Date. -- July 21, 2022.

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect upon the expiration of August 1, 2027.

W. Va. Code R. § 27-9-2 Fee Schedule

2.1. Fees paid to the Board are non-refundable.

2.2. Fees, with the exception of those for examination, are payable to the West Virginia Board of Examiners in Counseling (WVBEC).

2.3. Fees.

2.3.a. Initial application for licensure -- $250.00;

2.3.a.1. The fee required for the issuance of the initial license certificate shall be calculated on the current renewal rate set in this rule, the date the license is issued and the number of days remaining in the current annual renewal cycle;

2.3.b. Endorsement application processing -- $300.00;

2.3.c. Annual license renewal fee -- $145.00;

2.3.d. Retirement Status application and renewal fee -- $72.50

2.3.e. Late renewal during 60 day period -- $100.00;

2.3.f. Reinstatement for licensure renewal after the end of the 60 day period or reinstatement following revocation or suspension of license -- $250.00;

2.3.g. Examination score endorsement -- $25.00;

2.3. h. Certification of supervised clinical experience endorsement -- $25.00.

2.3.i. Inactive status application fee -- $50.00

2.3.j. Endorsement to another state or a National or State certification -- $25.00;

2.3.k. Inactive status renewal fee -- $25.00

2.3.l. Filling a request for public information, print or electronic data, or other services relating to the Board, its members, or marriage and family therapists, is calculated based on the actual cost of materials, employee time, and services required to comply with the request; and,

2.3.m. Bad check fee -- as provided for in §61-3-39e.

2.4. Continuing professional education provider and programs fees.

2.4.a. Initial certification as an approved provider of continuing professional education $250.00;

2.4.b. Single event continuing education certification -- $100.00 per event for non-profit providers when no fee is charged to attending participants, or $250.00 per event for-profit and/or fee charged to attending participants.

2.4.c. Annual fee to re-certify as an approved provider -- $200.00 payable only after the Board has notified the provider that it is eligible to re-certify.

2.5. Examination fees.

2.5.a. The fee for the examination required by the Board is established by and payable to the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) or its designee.

27CSR9

27CSR9

Series 10 Marriage and Family Therapist License Renewal and Continuing Professional Education Requirements

W. Va. Code R. § 27-10-1 General

Scope. -- This rule establishes standards for license renewal requirements, continuing professional education requirements, and the sanctions to be imposed for failure to comply with the requirements.

Authority. -- W. Va. Code §30-31-5 and §30-31-6.

1.3. Filing Date. -- June 5, 2017.

1.4. Effective Date. -- July 1, 2017.

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect upon the expiration of July 1, 2027.

W. Va. Code R. § 27-10-2 Definitions

2.1. “Ethical Code” means the American Association for Marriage and Family Therapists (AAMFT) code of ethics.

2.2. “Approved program of continuing professional education” means a formally organized educational program sponsored by an approved provider and offered in the form of a class, course, workshop, seminar, staff development or training activity, or formally structured discussion. Programs shall be designed to enhance therapy skills, values, knowledge, and/or ethical considerations in the therapy` practice.

2.3. “Approved provider” means an agency, organization, person, institution, or professional association or its local affiliates which has applied to and received approval by the Board to provide approved programs of continuing professional education under its own auspices, and which remains approved by complying with the provisions of subdivision 6.2.b. of this rule.

2.4. “Biennium” means the two-year reporting period for continuing education beginning July 1, 2016 and ending June 30, 2018 and every two-year period thereafter.

2.5. “Contact hour” means 60 minutes spent in an approved program offered by an approved provider. Contact hours exclude travel time, meeting time devoted to business, refreshment breaks, receptions, award banquets and other social gatherings and meals that do not include an acceptable program.

2.6. “Continuing professional education” means a program to enable the licensee to maintain and/or expand the quality of professional expertness in marriage and family therapy provided to the public; and keep the licensee knowledgeable of current research, techniques, and practice; and provide other resources which will improve skill and competence in marriage and family therapy. Continuing education hours must be relevant to the practice of marriage and family therapy.

2.7. “Formal program” means a program you attend in person with a presenter.

W. Va. Code R. § 27-10-3 Renewal of license

3.1. A licensee shall renew his or her license annually on or before June 30.

3.1.a. A licensee shall file the required licensure renewal application in the manner prescribed by the Board and shall pay the appropriate renewal fee.

3.1.b. For each biennium reporting period for continuing education, the licensee shall provide a signed statement certifying that the continuing education requirements have been met, as set forth in section 4 of this rule. The certification statement will be included on the renewal application form on a biennial basis except as noted in section 3.4.

3.2. Each licensee shall only for their first two biennium periods for reporting continuing education submit the following information to the Board for review:

3.2.a. A completed renewal application;

3.2.b. A copy of the recording form documenting all the individual continuing education offerings completed by the licensee. Form will be provided by the board; and,

3.2.c. Copies of all certificates of completion corresponding with the documentation provided on the recording form.

3.3. Beginning on the third biennium reporting period for continuing education, the board will monitor a licensee’s compliance with continuing education requirements by the use of random audit. Licensees will be notified in writing, regular mail and/or email, if they have been selected for a continuing education audit. Individual certificate of completions in continuing education activities are not to be submitted to the board unless a written Notice of Audit is received informing the licensee that he or she has been randomly selected for a document audit. Upon receipt of a Notice of Audit the licensee will be required to submit all appropriate documentation to substantiate compliance with the board’s continuing education requirements within 15 working days of receipt of notice.

3.3.a. A licensee selected for audit shall provide the following to document the licensee’s renewal:

3.3.a.1. A copy of the completed renewal application;

3.3.a.2. A copy of the recording form documenting all the individual continuing education offerings completed by the licensee. Form will be provided by the board; and,

3.3.a.3. Copies of all certificates of completion corresponding with the documentation provided on the recording form.

3.4. The licensee is responsible for maintaining continuing education records for a period of 6 years.

3.5. An audit shall be automatic for a licensee who was determined to be non-compliant during the immediately preceding audit.

3.6. Failure to meet the continuing education requirement, provide documentation as requested by the board, or providing fraudulent documentation is a violation of board rules and may result in disciplinary action.

3.7. All licenses not renewed by the renewal date each renewal cycle shall expire. Any individual who has not renewed his or her license and who continues to practice after his or her license has been expired will be deemed guilty of unlicensed practice.

3.8. All expired licenses, within 60 days after the renewal date, may renew their license upon payment of a renewal fee and a late fee.

3.9. After the 60 days, individuals with expired licenses may reinstate their license upon payment of a renewal fee and a reinstatement fee.

3.10. A licensee who fails to reinstate his or her license within 2 years after its expiration may not have it renewed, restored, reissued, or reinstated. This person may apply for and obtain a new license by meeting the current requirements of Series 8, Marriage and Family Therapist Licensing rule.

3.11. The board may require that a person applying for renewal or reinstatement of his or her credential show proof of having completed continuing education requirements.

3.12. A licensee shall notify the Board, in writing with a form provided by the Board, of a change of home address, work address and email address within 30 days. Failure to receive a renewal notice or audit notice from the Board shall not relieve the licensee from the renewal requirement.

W. Va. Code R. § 27-10-4 Continuing Professional Education

4.1. A licensee shall obtain 35 continuing education contact hours of approved continuing professional education every biennium.

4.1.a. At least 3 of the 35 contact hours shall be in marriage and family therapists’ related ethics. The program in ethics shall follow the adopted ethical code of this rule. The 3 contact hours in ethics shall be earned in a formal program with an approved presenter on the first renewal cycle of a licensee. The 3 contact hours in ethics in the subsequent renewals can be obtained through American Association for Marriage and Family Therapists (AAMFT) home studies, AAMFT online programs or a formal program.

4.1.b. At least 2 of the 35 contact hours shall be in mental health conditions specific to veterans and family members of veterans. Each licensee shall complete these 2 contacts hours of continuing education July 1, 2017. Training specific to veterans and family members of veterans may include, but not be limited to, inquiring about whether clients are veterans or family members of veterans; screening for conditions such as post-traumatic stress disorder; readjustment issues; risk of suicide and prevention of suicide; military sexual assault; and depression and grief. The contact hours will be approved by the Board through requirements established in section §27-10-6.2.a of this rule.

4.2. The Board shall grant approval for academic graduate courses offered in accredited educational institutions by marriage and family degree programs. The Board shall grant 15 contact hours for 1 academic graduate semester hour. The Board shall grant 10 contact hours for 1 academic graduate quarter hour.

4.3. The Board shall grant 10 contact hours for a journal article directly related to the marriage and family therapy profession published during the renewal period in a professional journal related to the marriage and family profession. Articles having joint authorship shall be divided equally among the authors.

4.4. The Board shall grant 30 contact hours for a book that is published during the renewal period and is directly related to the marriage and family profession. Books having joint authorship shall be divided equally among the authors. Chapters authored by licensees in books acceptable under this rule shall be treated as journal articles.

4.5. The Board shall grant a maximum of 15 contact hours for continuing education presented by the licensee’s employing agency personnel. The agency personnel shall meet the presenter qualifications as cited in paragraph 6.2.a.2.A. of this rule. The continuing education programs shall be directly related to the marriage and family therapy profession. A licensee attending a continuing education program delivered in the licensee’s employing agency by an out-of-agency presenter shall not be counted in the 15 contact hours described in subsection 4.5. of this rule.

4.6. The Board shall grant 10 contact hours to a presenter of an approved 3 hour graduate college course related to the marriage and family therapy profession, up to 10 contact hours per renewal period, if such teaching or instruction is outside the licensee’s regular employment duties or if the licensee can document such teaching activity or instruction was newly developed and presented for the first time.

4.7. The Board shall grant contact hours to licensees who conduct presentations on subjects related to marriage and family therapy which meets the following requirement:

4.7.a. Credit, up to 10 contact hours, per renewal shall be granted for first time preparation and presentation of an in-service training workshop, a seminar or a conference presentation which is related to the enhancement of marriage and family therapy practices, values, skills or knowledge; and,

4.7.b. A given presentation can be counted once per biennium period.

4.8. A licensee with approved professional marriage and family therapist supervisor status shall complete 3 of the 35 contact hours in marriage and family therapy clinical supervision.

4.9. The Board shall grant a maximum of 20 contact hours within each biennium period for home study programs. Only home study programs pre-approved by the American Association for Marriage and Family Therapist (AAMFT) are granted home study program approval.

4.10. Any out-of-state marriage and family therapist related continuing education programs or conferences pre-approved by the American Association for Marriage and Family Therapist are automatically granted approval by the board.

4.11. At least 20 contact hours shall be obtained from attendance in offerings other than those taught, conducted, produced, or presented by the licensee.

4.12. Excess contact hours may not be carried over to the next biennium period.

W. Va. Code R. § 27-10-5 Documentation of continuing professional education required for renewal of a license

5.1. Transcripts shall verify courses taken for credit at accredited educational institutions. Completion of non-credit courses shall be verified by certificates of completion or by signed statements from instructors.

5.2. Presenters of approved graduate college courses shall submit a letter from the institution including: the date the course was taught; the course number; the course description; and the signature of the department chair.

5.3. Copies of publications presented for continuing professional education shall be furnished to the Board. In the case of journal articles, a copy of the journal’s page showing the names of its editorial review Board shall be included to document that the journal is referred.

5.4. A copy of the certificate of completion furnished by the provider shall document all other continuing professional education. The certificates shall contain the information cited in paragraph 6.2.a.2.L. of this rule. In addition, the licensee shall record his or her license number in the appropriate place on the certificate of completion.

W. Va. Code R. § 27-10-6 Approved programs of continuing professional education

6.1. The goal of the Board’s continuing professional education requirements are to: enable licensees to maintain and/or expand professional expertise in marriage and family therapy; become aware of new professional developments; provide responsible and quality service to clients and community; and continue to conduct professional practice in an ethical and appropriate manner. The Board will not grant credit for continuing education to promote personal growth of the licensee.

6.2. A licensee may obtain continuing education credits in 5 ways: Programs offered by approved providers; approved programs of continuing professional education; post-approved programs; home study programs and publications and presentations as cited in subsections 4.3. and 4.4. of this rule. The Board or its designee shall approve providers, programs, and home study programs and offer post-program approval according to the following guidelines:

6.2.a. Guidelines for program approval:

6.2.a.1. Academic course offered in accredited education institutions by marriage and family therapy degree programs are automatically granted program approval; and,

6.2.a.2. Approved programs may be sponsored by departments of accredited educational institutions; national, regional, state, or local professional organizations or associations; public or private human service agencies or organization; private consultants; or individuals. The organization or individual shall make application for approval on a form designated by the Board and pay the appropriate fee. In order to obtain approved status from the Board, a program shall meet the following requirements:

6.2.a.2.A. Competent individuals as documented by appropriate academic training, master’s level or above and professionally recognized experience shall present the program. Presenters should have an identifiable involvement with human services. In approving a particular presenter, the Board shall be guided by the following range of presenter qualifications:

6.2.a.2.A.1. Therapists/counselors with appropriate credentials and appropriate expertise in the content area shall clearly be accepted;

6.2.a.2.A.2. A related presenter with the ability to connect content to therapy/counseling practice shall usually be accepted;

6.2.a.2.A.3. Expert presenters with no apparent link to therapy/counseling may or may not be acceptable based upon the content to be presented and intended audience;

6.2.a.2.A.4. A presenter with no apparent professional qualifications nor link to therapy/counseling or human services shall not be accepted; and,

6.2.a.2.A.5. A presenter providing training in a practice area that would require licensure shall show evidence of current licensure in West Virginia or another state.

6.2.a.2.B. The program shall meet the professional needs of the intended clientele, which shall include marriage and family therapists;

6.2.a.2.C. The program shall have a minimum duration of 1 contact hour;

6.2.a.2.D. The program shall have written goals and objectives that are responsive to the needs of prospective marriage and family therapist attendees;

6.2.a.2.E. The program shall have an agenda, clearly listing the time and date of the program, including starting and ending times and refreshment and meal breaks;

6.2.a.2.F. The program shall be related to marriage and family therapist profession as cited in subsection 2.6. in this rule;

6.2.a.2.G. The program shall be disseminated via appropriate instructional methods, such as lecture, group discussion, video, film, interactive webinar or interactive teleconferencing;

6.2.a.2.H. The program shall include an evaluation component directly related to its stated goals and objectives;

6.2.a.2.I. The program shall be offered in a site that shall be accessible under the provisions of the American’s With Disabilities Act;

6.2.a.2.J. The organization or individual shall submit their program approval request for review, on a form designated by the Board, at least 60 days prior to the scheduled program date;

6.2.a.2.K. The program’s promotional information shall state that program approval has either been applied for or has been granted; and,

6.2.a.2.L. The provider of the program shall provide program participants certificates of completion, which contain the following information:

6.2.a.2.L.1. The title and dates of the program and the Board’s program approval number;

6.2.a.2.L.2. The name of the sponsoring agency or organization;

6.2.a.2.L.3. The name of the participant and the number of contact hours of continuing professional education earned by the participant;

6.2.a.2.L.4. The presenters name and his or her credentials; and,

6.2.a.2.L.5. The signature of the presenter and/or the official representative of the sponsoring organization.

6.2.b. Guidelines for provider approval:

6.2.b.1. The Board shall grant approved provider status for newly approved providers for a one - year period and is subject to renewal if the provider meets the requirements of this rule;

6.2.b.1.A. An approved provider who does not pay a fee to re-certify within 30 days of notice forfeits all rights and privileges of an approved provider.

6.2.b.2. The Board shall refuse to renew the approved status of any provider who fails to comply with the requirements of this rule. The Board shall withdraw approved provider status for cause.

6.2.b.3. Programs offered by a provider while that provider does not have approved status shall not be accepted by the Board toward fulfillment of license renewal requirements unless program approvals for the programs were obtained as set forth in this rule;

6.2.b.4. Provider status is automatically accorded to marriage and family therapy master degree programs, as cited in subsection 2.6. of this rule, in accredited educational institutions. Transcripts or grade cards shall serve as evidence of completed coursework;

6.2.b.5. The Board may grant approved status to providers not automatically approved in paragraph 6.2.b.4. of this rule. The providers shall include but are not limited to: National, regional, state, or local professional organizations, public or private human service agencies, private consultants or individuals. The applicant for approved provider status shall:

6.2.b.5.A. Make application for approval status on a form provided by the Board and pay the appropriate fee, at least 2 months prior to the date of the first scheduled program offering. A list of proposed programs and program goals shall be included with the application;

6.2.b.5.B. Submit to the Board, no later than 2 months before the end of the probationary period, a synopsis of all programs during the previous 10 months;

6.2.b.5.C. Apply for renewal of approved provider status 2 months prior to the desired two- year period and pay the appropriate fee;

6.2.b.5.D. Provide or arrange for appropriate educational facilities, instructional aids, and offer programs and facilities that are accessible under the provisions of the American’s With Disabilities Act;

6.2.b.5.E. Have program presenters who have professionally recognized skills to conduct the programs being offered in accordance with subdivision 6.2.a. of this rule;

6.2.b.5.F. Conduct programs that satisfy one or more of the program areas in marriage and family therapy as cited in subsection 2.6. of this rule;

6.2.b.5.G. Include an evaluation component in all programs offered;

6.2.b.5.H. Maintains records of program content, presenter qualifications and individual participation, and a summary of evaluations forms for five years and make the records available if requested by the Board; and,

6.2.b.5.I. Furnish to each participant a certificate of completion that includes the following information:

6.2.b.5.I.1. The title and date of the program and the Board’s program approval number;

6.2.b.5.I.2. The name of the sponsoring agency or organization;

6.2.b.5.I.3. The name of the participant and the number of contact hours earned by the participant;

6.2.b.5.I.4. The presenters names and their credentials; and,

6.2.b.5.I.5. The signature of the presenter and/or the official representative of the sponsoring organization.

6.2.b.6. An approved provider that offers a program on marriage and family therapy ethics shall incorporate the Code of Ethics of the American Association for Marriage and Family Therapist as a substantial part of the program.

6.2.c. Post program approval:

6.2.c.1. A licensee shall apply on a form prescribed by the Board for post-approval of marriage and family programs which they attended, for relevant out of state continuing professional education programs and for relevant graduate coursework in related disciplines.

6.2.c.1.A. A licensee shall apply for post-program approval, on a form designated by the Board, within ninety (90) days of completing program; and,

6.2.c.1.B. To obtain a post-program approval, the licensee shall provide the following:

6.2.c.1.B.1. Documentation that the program presenters met the requirements in paragraph 6.2.a.2.A. of this rule;

6.2.c.1.B.2. A copy of the program brochure and other documentation, if necessary, demonstrating that the program met the requirements of paragraph 6.2.a.2.B through paragraph 6.2.a.2.I. of this rule; and,

6.2.c.1.B.3. A certificate of completion, transcript, grade card, or signed statement from the presenter to demonstrate the licensee’s attendance at the program or course.

6.2.d. Home study approval:

6.2.d.1. Home study programs may be sponsored by departments of accredited educational institutions; national, regional, state, or local professional organizations or associations; public or private human service agencies or organizations; private consultants; or individuals. In order to obtain approval from the Board, the sponsoring organizations of a home study program shall meet the following requirements:

6.2.d.1.A. Home study program content shall satisfy 1 or more of the program areas in subsection 2.6. of this rule;

6.2.d.1.B. A home study program shall contribute to the current knowledge of master’s level marriage and family therapists. Program materials should not be more than 6 years old. Materials that are more than 6 years old shall include a statement for review regarding the reason that the material is still relevant and valuable to the marriage and family therapist;

6.2.d.1.C. Home study programs focusing on ethics in marriage and family therapy practice shall include information on the ethical codes of the American Association for Marriage and Family Therapists;

6.2.d.1.D. Information on how the home study material may be used by the marriage and family therapist with their clients shall be included either in the learning instrument or as an addendum;

6.2.d.1.E. The home study program shall have the following components:

6.2.d.1.E.1. Appropriate learning instruments such as, but not limited to, a book, tape, internet-based text, video, subscription to a professional periodical or volumes of past periodicals;

6.2.d.1.E.2. An assessment component, such as, but not limited to, a quiz, test or essay;

6.2.d.1.E.3. An evaluation component; and,

6.2.d.1.E.4. An instruction sheet with clear information regarding how to obtain continuing education credit;

6.2.d.1.F. A home study provider shall file with the Board the required application forms in a manner prescribed by the Board and pay the appropriate fee. A sample of the entire home study program including a sample of the certificate of completion shall be included with this application. The certificate of completion shall contain all information cited in paragraph 6.2.a.2.L. of this rule.

27CSR10

Series 11 Disciplinary and Complaint Procedures for Marriage and Family Therapist

W. Va. Code R. § 27-11-1 General

1.1. Scope. -- This rule specifies the procedure for the investigation and resolution of complaints against marriage and family therapists.

1.2. Authority. -- W. Va. Code §§30-31-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- September 22, 2025.

1.4. Effective Date. -- October 22, 2025.

W. Va. Code R. § 27-11-2 Application

This rule applies to all persons practicing or making application to practice as a professional marriage and family therapist.

W. Va. Code R. § 27-11-3 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 to practice marriage and family therapy.

3.2. "Board" means the West Virginia Board of Examiners in Counseling.

3.3. "License" means a license issued by the Board to practice marriage and family therapy.

3.4. "Licensed Marriage and Family Therapist" means a person who practices marriage and family therapy pursuant to W. Va. Code §30-31-1.

3.5. "Ethics investigator" means a person who is hired and/or engaged by the Board for the purpose of investigating complaints leveled against a marriage and family therapist.

W. Va. Code R. § 27-11-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of an Applicant for Licensure or Licensee

4.1. The Board may deny an application for license, 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 a licensee or applicant has been convicted of a felony or is, in their professional capacity, engaged in conduct, practices or acts constituting professional negligence, including, but not limited to, the following:

4.1.1. Used narcotics, other controlled substances, or alcohol to the extent that it affects their professional competency;

4.1.2. Is under a declaration of mental incompetence;

4.1.3. Has obtained or attempted to obtain a marriage and family therapy license by fraud, deceit or willful misrepresentation;

4.1.4. Has violated the current code of ethics adopted by the Board;

4.1.5. Has impersonated another licensed marriage and family therapist;

4.1.6. Has practiced, condoned, facilitated or collaborated with any form of discrimination against any person or group;

4.1.7. Has engaged in any action that violates or diminishes the civil or legal rights of clients;

4.1.8. Has been involved with the sexual exploitation of clients;

4.1.9. Has claimed, either directly or by implication, professional qualifications that differ from their actual qualifications;

4.1.10. Has practiced outside the areas of competence and services provided that are listed on their professional disclosure statement;

4.1.11. Has engaged in activities resulting in personal gain based upon information accessible solely as a result of the confidential relationship, regardless of the absence of harm or detriment to the client;

4.1.12. Has condoned, facilitated or collaborated in unethical practices, which they are obligated to report to the West Virginia Board of Examiners in Counseling; or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §30-31-1 et seq. and/or the Legislative Rules, all series, of the Board.

W. Va. Code R. § 27-11-5 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 licensed marriage and family therapist or applicant with a violation of W. Va. Code §30-31-1 et seq. and/or the Legislative rules, all series, of the Board. The Board may provide a form for that purpose. In addition to describing the alleged violation which prompted the complaint, the complaint must contain the following:

5.1.a. The name and address of the licensed marriage and family therapist against whom the complaint is lodged;

5.1.b. The date or dates the incident or incidents occurred;

5.1.c. The name of any professional who may have treated the client after the alleged incident;

5.1.d. The name or names of witnesses to the incident or incidents; and,

5.2. A complaint against a licensed marriage and family therapist shall allege that such person has been convicted of a felony or is, in their professional capacity, engaging in conduct, practices or acts constituting professional negligence, as cited in subsection 4.1 in this rule or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §30-31-1 et seq. and/or the Legislative rules, all series, 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 will maintain a complaint log, which records the receipt of each complaint, its nature and its disposition.

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

5.6. Upon receipt of a complaint, the Board will issue one of the following acknowledgments to the complainant:

5.6.a. That the matter will be reviewed by the Board;

5.6.b. That the complaint is outside the jurisdiction of the Board, with suggestions as to how the complainant might best obtain a resolution to their problem; or,

5.6.c. That more information will be required to adequately review the individual complaint.

5.7. The Board will send a copy of the complaint, including any supporting documentation, by certified mail or email to the licensee or applicant in question for their written comment. They must submit a written response to the Board within thirty (30) days of the date of correspondence or waive the right to do so.

5.8. Requests for comments on complaints sent to licensees or applicants will be considered properly served when sent to their last known mailing address or email address.

5.9. Upon receipt of a licensee’s or applicant’s comments in response to a complaint, the Board may promptly send a copy of the response, including any supporting documentation, to the complainant.

5.10. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 5.6.b. of this rule, the Board will authorize any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations in the complaint.

5.11. At any point in its investigation of a complaint the Board may, at its discretion, assign the matter to an ethics investigator(s) for review and investigation.

5.12. Upon receipt of a complaint the ethics investigator must, within sixty (60) days, review and investigate the complaint and provide the Board with a report. The report must include a statement of the allegations, a statement of facts, an analysis of the complaint, the records reviewed and a statement of the ethics investigator’s findings and recommendations and cited code of Ethics. The ethics investigator will, upon request, conduct an investigative interview with the licensee or applicant in question or other parties involved. A report of the interview will be placed in the investigation file.

5.13. To facilitate the disposition of a complaint, the Board or the committee 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.

5.14. The Board or the committee must give notice of the conference, the notice must 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. Failure to attend a conference will not prejudice any party to the case.

5.15. The Board, its Executive Director, or Chairperson 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, Executive Director or its Chairperson to issue a subpoena or subpoena duces tecum. A brief statement explaining the need for the subpoena must accompany any subpoena.

5.16. Upon receipt of the respondent’s response or at any point in the course of an investigation or inquiry into a complaint, the Board 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 licensed marriage and family therapist may be sanctioned by the Board. The ethics investigator must make their respective findings and recommendations to the Board prior to the Board dismissing the complaint.

5.17. If the investigative or complaint file is closed on the basis that the licensed marriage and family therapist has not been found to have violated any of the Board’s governing statutes or rules, the Board shall remove all information relating to that investigation from the Marriage and Family Therapist’s file.

W. Va. Code R. § 27-11-6 Contested Case Hearings

6.1. The Board may refuse to renew a license or suspend a license if it determines there is probable cause to believe that a marriage and family therapists conduct, practices or acts constitute an immediate danger to the public.

W. Va. Code R. § 27-11-7 Appeals

7.1. Any applicant who has had their application for a license denied by order of the Board may appeal the order within thirty (30) days of that action in accordance with the contested case hearing procedures set forth in W. Va. Code §29A-6-1 et seq. and the Legislative rules, all series, of the Board: Provided, that the appeal 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.

Series 12 Contested Case Hearing Procedure for Marriage and Family Therapist

W. Va. Code R. § 27-12-1 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 §§30-31-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. – September 22, 2025.

1.4. Effective Date. – October 22, 2025.

W. Va. Code R. § 27-12-2 Application

This rule applies to all people practicing or making application to practice as marriage and family therapy.

W. Va. Code R. § 27-12-3 Definitions

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

3.1. "Applicant" means any person making application for an original or renewal license to practice marriage and family therapy.

3.2. "Board" means the West Virginia Board of Examiners in Counseling.

3.3. "Demanding party" means an individual who has been denied a license to practice marriage and family therapy by the Board and who, as a result, demands that a hearing be held before the Board on the issue of the denial.

3.4. "Charged party" means an individual who holds a license to practice marriage and family therapy issued by the Board and who has been charged by the Board as described in subsection 5.4. of this rule.

3.5. "License" means a license issued by the Board to practice marriage and family therapy.

3.6. "Licensee" means an individual who holds a license to practice marriage and family therapy issued by the Board.

3.7. "Practice of marriage and family therapy" means the practice of marriage and family therapy as defined in W. Va. Code §30-31-2 and includes therapists who hold themselves out to the public to engage in marriage and family therapy or supervising those who render services for compensation or other personal gain involving the application of marriage and family therapy procedures, specific within the context of marriage and family systems, to help in learning how to solve problems or make decisions related to personal growth, marriage, family or other interpersonal or intrapersonal concerns.

W. Va. Code R. § 27-12-4 Pre-conferences; Conferences; Informal Disposition of Cases

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

4.1.a. To dispose of procedural requests, pre-hearing motions or similar matters;

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

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

4.2. The Board may require conferences to be held on its own motion or by the request of a party.

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

W. Va. Code R. § 27-12-5 Hearing Procedure

5.1. Any applicant denied a license or any licensee or permit holder who has had their license suspended by the Board who believes the denial was in violation of W. Va. Code §§30-1-1 et seq. and/or 30-31-1 et seq. is entitled to a hearing on the action denying or suspending such license.

5.2. Any person who desires a hearing for the reason described in subsection 5.1 of this section must present a written demand for a hearing to the Board.

5.3. A hearing will be scheduled within sixty (60) days of receipt of the written request. The hearing may be postponed to a later date by mutual agreement.

5.4. Charges may be instituted against any licensee by the Board when probable cause exists for believing that the licensee may have engaged in conduct, practices or acts in such condition that their license should be suspended, revoked or otherwise disciplined for one (1) or more of the grounds set forth in W. Va. Code §30-31-9 et seq. or Legislative rule, Title 27, all series. Charges may be based upon information received by way of a verified written complaint filed with the Board and further information gathered by the Board in the process of investigating a complaint. Charges may also be based upon information received solely through investigative activities undertaken by the Board.

5.5. A complaint and notice of hearing containing the written charges filed against a licensee must be sent to the licensee at least 30 days prior to the date of the hearing.

5.5.a. The Board is designated as the Complainant in the complaint and notice of hearing. 5.5.b. The licensee is designated as the Respondent in the complaint and notice of hearing.

5.5.c. The complaint and notice of hearing must clearly state the substance of each offense, act of failure to act in sufficient detail to advise the Respondent of the charges or complaint against them. This may include, but is not limited to, the time and place the act or failure to act occurred and the law or rule that was violated.

5.5.d. The complaint and notice of hearing must give the date, time and place for the hearing.

5.6. Upon receipt of a demand for a hearing described in subsections 5.1 and 5.2 of this section, the chair or their designee shall provide the demanding party, with a Complaint and Notice of Hearing issued in the name of the Board as the agency of the state regulating the practice of marriage and family therapy. 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 or permit with sufficient particularity to reasonably apprise the demanding party of the nature, time and place of the conduct or condition at issue therein; and shall state the date, time and place for the hearing.

5.7. The Board may require the person demanding the hearing to give security for the costs of the hearing and if the demanding party does not substantially prevail, the actual costs of the hearing may be assessed against them and may be collected in a civil action or by other proper remedy.

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

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

5.10. Upon a 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 a license and/or permit shall be provided to the demanding or charged party or their counsel, at least ten (10) days prior to the hearing date.

5.11. Hearings shall be conducted as follows:

5.11.a. Any party to a hearing has the right to be represented by an attorney-at-law, duly qualified to practice law in the state of West Virginia.

5.11.b. The Board shall be represented by the West Virginia Attorney General's Office.

5.11.c. 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

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

5.11.e. 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.

5.11.f. 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 their position deemed appropriate by the Board 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.

5.11.g. The hearing will be held at such time and place designated by the Board, but no hearing shall be conducted unless at least thirty (30) days’ written notice of the hearing has been given. Service of the notice shall be by personal service upon the charged or demanding party or by United States Mail addressed to the person’s last known address.

5.11.h. The hearing shall be open to the general public.

5.11.i. Members of the Board and its officers, agents and employees are 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 testified.

5.11.j. The hearing shall be conducted by a quorum of the Board.

5.11.k. A stenographic report of each proceeding on the denial, suspension or revocation of a certificate, license, registration or authority shall be made at the expense of the Board and a transcript thereof retained in the Board’s files. The Board will make a written report of its findings, which shall constitute part of the record. Upon request, a copy of the report(s) will be furnished to the respondent at his or her expense.

5.11.l. Documentary evidence, written or recorded evidence, may be received in the form of copies or excerpts or by incorporation by reference.

5.11.m. Where a hearing is held upon the instance of the Board after charges have been brought against a licensee pursuant to subsections 5.4 and 5.5 of this section, the Board has the burden of proof and must present its evidence and/or testimony in support of the charges first.

5.11.n. Where a hearing is held upon demand under the provisions of subsections 5.1, 5.2, 5.3, and 5.6 of this action, the demanding party has the burden of proof and is required to present his or her evidence first.

5.11.o. Following the conclusion of the Board's presentation of evidence in accordance with subdivision 5.11.m. of this rule, the Respondent or charged party has the right to submit his or her evidence in defense.

5.11.p. Following the conclusion of the demanding party's presentation of evidence in accordance with subdivision 5.11.n of this rule, the Board has the right to offer its evidence in rebuttal.

5.11.q. The Board may call witnesses to testify in support of its decision to deny licensure, to deny a permit 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.

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

5.11.s. Hearings held by the Board because of charges instituted against a licensee may be continued or adjourned to a later date or different place by the Board or its designee by appropriate notice to all parties.

5.11.t. 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 hearing date may be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of hearing will be ruled on by the chair or executive secretary of the Board. All other motions for continuance will be ruled on by the Board member(s) or the member presiding over the hearing.

5.11.u. All motions related to a case set for hearing before the Board, except motions for continuance and those made during the hearing, must be in writing and received in the Board office at least ten (10) days before the hearing. Pre-hearing motions will be heard at a pre-hearing conference, as cited in subsection 4.1,4.2,4.3. of this rule, or at the hearing prior to the commencement of testimony. The Board member(s) presiding at the hearing will hear the motions and the response from the non-moving party and rule on the motions.

W. Va. Code R. § 27-12-6 Transcription of Testimony and Evidence

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

6.2. All reported materials will be transcribed. The Board has the responsibility to arrange for the transcription of the reported testimony and evidence.

6.3. Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the Board chair or presiding member will settle all differences arising as to whether the transcript truly discloses what occurred at the hearing and will require the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

6.4. A transcript of the hearing will 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 permit disciplinary matter.

W. Va. Code R. § 27-12-7 Submission of Proposed Findings of Fact and Conclusions of Law

7.1. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Board.

W. Va. Code R. § 27-12-8 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. § 27-12-9 Subpoenas

9.1. Subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel the production of documents may be issued by any member of the Board, or the Executive Director. 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 subsection 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 must have them properly served in accordance with W. Va. Code §29A-5-1(b).

W. Va. Code R. § 27-12-10 Orders

10.1. Any final order entered by the Board following a hearing conducted pursuant to this rule must be made pursuant to the provisions of W. Va. Code §§29A-5-3 and 30-1-8(d). All final orders must 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 must be served upon the demanding or charged party and/or his or her attorney of record, if any, within ten (10) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 27-12-11 Appeal. 11.1 An appeal from any final order entered in accordance with these rules must comply with the provisions of W. Va. Code §§ 30-1-9 and 29A-5-1 et seq