Chapter 30, Chapter 30

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the Uni…

(a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state. (b) Nothing herein prevents the enforcement of any other law of a member state t…

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee has committed a criminal offense under this article, the board may bring the information to the attention of an appropriate law-enforcement official. (b) Eff…

All information communicated to or acquired by a licensee while engaged in the practice of counseling or marriage and family therapy with a client is privileged information and may not be disclosed by the licensee except: (a) With the written consent of the client, or in the case…

In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.

As used in this compact, and except as otherwise provided, the following definitions shall apply: (1) “Active-duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active-duty orders…

The practices of professional counseling and marriage and family therapy, and the board of Examiners of Counseling are subject to the provisions of article one of this chapter, the provisions of this article and any rules promulgated hereunder.

(a) To participate in the compact, a state shall currently: (1) License and regulate licensed professional counselors; (2) Require licensees to pass a nationally recognized exam approved by the commission; (3) Require licensees to have a 60 semester-hour (or 90 quarter-hour) mast…

As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise: (a) “Applicant” means a person making an application for a license or renewal under the provisions of this article. (b) “Board” means the West Virgi…

(a) To exercise the privilege to practice under the terms and provisions of the compact, the licensee shall: (1) Hold a license in the home state; (2) Have a valid United State Social Security Number or National Practitioner Identifier; (3) Be eligible for a privilege to practice…

(a) The West Virginia Board of Examiners in Counseling is continued. The members of the board in office on July 1, 2009, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified. (b) To be eff…

(a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time. (b) If a licensed professional counselor changes primary state of residence by moving between two member state…

(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law. (b) The board shall: (1) Hold meetings, conduct hearings and administer examinations; (2) Establish requirements for licenses; (3) Establish proced…

Active-duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. After designating a home state,…

(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including: (1) Standards and requirements for licenses to practice professional counsel…

(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with §30-31A-3 of this code and under the rules promulgated by the commission, to practice professional counseling in any member state via telehealth under a p…

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the state Treasury designated the "Board of Examiners in Counseling Fund". The fund is used by the board for the administration of this artic…

(a) In addition to the other powers conferred by state law, a remote state may, in accordance with existing state due process law: (1) Take adverse action against a licensed professional counselor’s privilege to practice within that member state; and (2) Issue subpoenas for both …

(a) To be eligible for a license to practice professional counseling, an applicant must: (1) Be of good moral character; (2) Be at least eighteen years of age; (3) Be a citizen of the United States or be eligible for employment in the United States; (4) Pay the applicable fee; (5…

(a) The compact member states hereby create and establish a joint public agency known as the counseling compact commission: (1) The commission is an instrumentality of the compact states. (2) Venue is proper and judicial proceedings by or against the commission shall be brought s…

(a) To be eligible for a license to practice marriage and family therapy, an applicant must: (1) Be of good moral character; (2) Be at least eighteen years of age; (3) Be a citizen of the United States or be eligible for employment in the United States; (4) Pay the applicable fee…

The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state wh…

(a) It is unlawful for any person to practice or offer to practice speech-language pathology or audiology in this state, or advertise or use any title or description tending to convey the impression that the person is a speech-language pathologist or audiologist unless the person…

(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments become binding as of the date specified in each rule or amendment. (b) If a majority of the legislatures of the member…

(a) To be eligible for licensure by the board as an audiologist, the applicant shall: (1) Make application to the board, upon a form prescribed by the board; (2) Pay to the board an application fee as established by the board; (3) Possess at least a master's degree or equivalent …

(a) Each person desiring to obtain a license from the board to engage in the practice of dealing in or fitting of hearing aids shall make application to the board. The application shall be made in such manner and form as prescribed by the board and shall be accompanied by the pre…

(a) Dispute resolution - (1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states. (2) The commission shall promulgate a rule providing for both mediation and…

(a) The board may issue a provisional license to an applicant who is in the process of obtaining postgraduate professional experience and who: (1) Meets the academic, practicum, and examination requirements of this article; (2) Submits an application to the board, upon a form pre…

(a) The West Virginia Board of Examiners for Speech-Language Pathology and Audiology may require state and national criminal history record checks for the purpose of issuing licenses. The West Virginia Board of Examiners for Speech-Language Pathology and Audiology shall require a…

(a) The compact takes effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Th…

(a) The board shall waive the national examination requirements in speech-language pathology and/or audiology for an applicant who either: (1) Presents proof of current licensure in a state that has standards that are substantially equivalent to those of this state; or (2) Holds …

This compact shall be liberally construed so as to effectuate the purposes of the compact. The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of any member state or of the U…

The scope of practice for speech-language pathology includes: (1) Prevention, screening, consultation, assessment and diagnosis, treatment, intervention, management, counseling and follow-up services for disorders of speech (i.e., articulation, fluency, resonance and voice), lang…

(a) Nothing in this article prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict. (c) All lawful actions of the commission, i…

(a) The scope of practice for audiology includes: (1) Facilitating the conservation of Auditory system function, developing and implementing environmental and occupational hearing conservation programs; (2) Screening, identifying, assessing and interpreting, preventing and rehabi…

(a) Commencing July 1, 2014, speech-language pathology assistants and audiology assistants shall register with the board and shall: (1) Possess a minimum of an associate's degree from an institution or technical training program with a program of study designed to prepare the stu…

(a) Licensed speech-language pathologists and audiologists may provide services in this state by telepractice. (b) Speech-language pathologists and audiologists providing services by telepractice shall deliver services consistent with the quality of services delivered in person, …

(a) Licenses, except provisional licenses, and registrations may be renewed biennially, upon documentation of required continuing education and payment of a renewal fee. (b) A license or registration which has lapsed may be renewed within one year of its expiration date in the ma…

(a) If the board obtains information that any person has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of this article, the rules promulgated pursuant to this article, or a final order or decision of…

(a) The board may upon its own motion based upon credible information, and shall, upon the written complaint of any person, cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules of the board. (b) U…

As used in this compact, except as otherwise provided, the following definitions shall apply: “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuan…

Nothing in this article prevents or restricts: (1) Any person licensed or registered under any other law of this state from practicing the profession and performing services for which he or she is licensed or registered; (2) A licensed physician or surgeon while engaging in the p…

(a) Notice and hearing requirements are governed by the provisions of article one of this chapter. (b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing. (c) If the hearing is conducted by an administrative law judge, the administr…

Any licensee or registrant adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review …

In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.

On or before December 1, 2014, the Legislative Auditor shall update the Sunrise Report of January 2013 on the requirements for speech-language pathologists, audiologists and assistants to practice in public schools, and present the report to the Joint Standing Committee on Govern…

(a) Upon the grant of the compact privilege, a license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology o…

The practices licensed under the provisions of this article and the West Virginia Board of Examiners for Speech-Language Pathology and Audiology are subject to the provisions of article one of this chapter, the provisions of this article and any rules promulgated hereunder.

The following terms have the following meanings: (1) "Applicant" means a person applying for a license required by this article. (2) "Assistant" means a registered speech-language pathology assistant or a registered audiology assistant. (3) "Audiologist" means a person who engage…

(a) To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist shall: (1) Hold an active license in the home state; (2) Have no encumbrance on any state license; (3) Be eligible for a compact privilege in any me…