West Virginia Code of State Rules Agency 25 - Social Work Examiners
West Virginia Code of State Rules
Agency 25 – Board of Social Work Examiners
Overview
Agency 25 governs the West Virginia Board of Social Work, the regulatory authority responsible for licensing, oversight, and discipline of social workers in the state. The Board ensures professional and ethical standards are upheld in the practice of social work to protect public health, safety, and welfare.
The Board operates under the West Virginia Code § 30-30-1 et seq., also known as the Social Work Licensing Act, and enforces administrative rules under Title 25 of the Code of State Rules.
Purpose and Responsibilities of the Board
Licensing: Establish qualifications and issue licenses for various levels of social workers.
Discipline: Investigate complaints, hold hearings, and impose disciplinary actions for violations of professional conduct or standards.
Regulation: Set and enforce standards for ethical practice, continuing education, and professional competency.
Public Protection: Ensure that only qualified individuals practice social work, and maintain a public complaint process.
Licensing Levels Under Agency 25
The Board issues licenses for the following social work categories:
Registered Social Worker (RSW) – Entry-level, typically requires a bachelor’s degree in social work.
Licensed Graduate Social Worker (LGSW) – Requires a master's degree in social work (MSW).
Licensed Certified Social Worker (LCSW) – MSW plus supervised experience.
Licensed Independent Clinical Social Worker (LICSW) – Highest level; requires MSW, post-grad clinical supervision, and passing an advanced clinical exam.
Each level has its own requirements for education, examination, supervision, and continuing education.
Key Provisions of Agency 25 Rules
1. Application and Licensure Requirements
Applicants must meet educational and exam standards.
Certain licenses require supervised post-graduate clinical experience.
Applicants must submit to a criminal background check.
2. Code of Ethics and Conduct
Social workers must adhere to ethical principles such as confidentiality, professional boundaries, and cultural competency.
Misconduct includes dual relationships, falsifying records, substance abuse, or conviction of certain crimes.
3. Continuing Education
Licensees must complete a set number of continuing education hours (usually 20-40 every renewal cycle).
Courses must be Board-approved and include ethics training.
4. Disciplinary Process
The Board may investigate complaints, hold administrative hearings, and issue sanctions including:
Reprimands
Fines
Probation
Suspension or revocation of licenses
Licensees have due process rights during investigations and hearings.
5. Renewal and Reinstatement
Licenses must be renewed biennially.
Lapsed licenses can be reinstated, subject to additional fees and evidence of continuing education.
Relevant West Virginia Case Law
Case 1: West Virginia Board of Social Work Examiners v. Smith, 213 W. Va. 190, 578 S.E.2d 743 (2003)
Issue: Due process in license revocation proceedings.
Holding: The Court ruled that the Board must provide adequate notice and a fair hearing before revoking a license.
Relevance: Reinforces procedural safeguards under Agency 25’s disciplinary process.
Case 2: Doe v. West Virginia Board of Social Work, 219 W. Va. 217, 632 S.E.2d 905 (2006)
Issue: Whether misconduct outside the practice of social work (e.g., criminal conviction) could justify discipline.
Holding: The Court held that conduct reflecting moral turpitude—even outside the scope of direct practice—can justify disciplinary action.
Relevance: Confirms the Board’s authority to protect public trust and integrity of the profession.
Case 3: In re Application of Jane Roe, 224 W. Va. 462, 686 S.E.2d 99 (2009)
Issue: Denial of licensure due to insufficient documentation of supervised experience.
Holding: The Board acted within its discretion when it denied licensure based on incomplete compliance with supervision requirements.
Relevance: Highlights the importance of full documentation and adherence to licensure criteria.
Legal and Ethical Standards: Summary Table
| Area | Rule or Principle | Case Example |
|---|---|---|
| Due Process | Licensees are entitled to fair hearings before discipline. | Smith |
| Moral Fitness | Non-practice-related conduct may affect licensure. | Doe |
| Supervision Standards | Documentation must meet exact standards for experience. | Roe |
Practical Implications of Agency 25 Rules
Protects Clients: Ensures only competent, ethical practitioners serve vulnerable populations.
Maintains Public Trust: Enforces high moral and ethical standards for licensees.
Supports Professional Development: Requires continuing education and specialization.
Ensures Fair Regulation: Offers licensees due process in disputes and disciplinary matters.
Conclusion
The West Virginia Board of Social Work Examiners, under Agency 25, plays a central role in regulating the profession of social work. Through a structured system of licensure, ethical rules, and enforcement procedures, the Board ensures that the practice of social work in West Virginia remains safe, professional, and trustworthy. West Virginia courts have consistently upheld the Board’s authority while requiring it to honor procedural fairness and legal standards.
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