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Home » US Law » 2022 West Virginia Code » Chapter 30. Professions and Occupations » Article 31. Licensed Professional Counselors

§30-31-1. License Required

It is unlawful for any person to practice or offer to practice professional counseling or marriage and family therapy in this state without a license issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that the person is a licensed professional counselor or a […]

§30-31-10. Renewal Requirements

(a) A licensed professional counselor and a licensed marriage and family therapist shall annually or biennially renew his or her license at a time determined by the board, by completing a form prescribed by the board, paying the renewal fee and submitting any other information required by the board. (b) The board shall charge a […]

§30-31-11. Persons Exempted From Licensure

(a) The following activities are exempt from the provisions of this article: (1) Teaching, lecturing or engaging in research in professional counseling or marriage and family therapy so long as such activities do not otherwise involve the practice of professional counseling or marriage and family therapy directly affecting the welfare of the person counseled;

§30-31-13. Procedures for Hearing; Right of Appeal

(a) Hearings shall be governed by the provisions of section eight, 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, at the conclusion of a hearing he or she shall […]

§30-31-14. Judicial Review

Any licensee 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 accordance with article six, chapter twenty-nine-a of this code.

§30-31-15. Criminal Proceedings; Penalties

(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) Effective July 15, 2009, a person violating section one of […]

§30-31-16. Disclosure

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 of death or disability, with the written […]

§30-31-17. Single Act Evidence of Practice

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.

§30-31-2. Applicable Law

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.

§30-31-3. Definitions

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 Virginia Board of Examiners in Counseling. (c) “Clinical counseling procedures” means […]

§30-31-4. Board of Examiners in Counseling

(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 effective on July 1, 2009, the Governor shall appoint, […]

§30-31-5. Powers and Duties of the Board

(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;

§30-31-6. Rulemaking

(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 counseling and marriage and family therapy;

§30-31-7. Fees; Special Revenue Account

(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 article. Except as may be provided in article one […]